Mediation - Little Rock's Alternative to Courts

• NCJ Number: 93268
• Author(s): K A McNally
• Date Published: Unknown
• Length: 28 pages
• Sponsoring Agency: Aetna Life and Casualty Co; Arkansas Endowment for the Humanities
• Sale Source: National Institute of Justice/
• Publication Type: Training (Handbook/Manual)
• Language: English
• Country: United States of America

Annotation

This manual instructs mediators in Pulaski County's (Arkansas) mediation program about how to conduct mediation for disputants in small claims and juvenile courts.

Abstract

Since March 1981, the College of Liberal Arts at the University of Arkansas at Little Rock has sponsored a program that uses liberal arts faculty to mediate minor disputes in small claims and juvenile courts. No legal training is required for mediation, and it is believed that liberal arts faculty, with their training in the humanities, are uniquely equipped to analyze cases objectively and with concern for the parties involved. Volunteer mediators attend a training session on the basics of dispute settlement and observe cases in both courts. A $30 honorarium is given for each case worked. This instruction manual briefly describes the functioning of the small claims court and then proceeds to practical instruction in conducting mediation sessions for small claims disputants. The steps covered include the mediator's introduction to the parties, getting statements from both parties, obtaining cooperation from the disputants in adopting a problemsolving rather than an adversarial approach, identifying the central point of disagreement, dealing with antagonism between the parties, developing solutions, and concluding the agreement. Instruction in mediation in juvenile court begins with a brief statement on the juvenile court, and it is noted that mediation in the juvenile court is basically the same as that described for the small claims court. Particular attention is given to identifying the central issue of contention between the disputants, dealing with the parents of the juveniles involved, the nature of solutions, and followup. A final section is devoted to a discussion of additional instruction on mediation technique. Advice includes (1) be impartial, (2) look impartial, (3) don't offer opinions, (4) resolve all matters under dispute, and (5) use the benefits and dynamics of mediation to encourage parties to work toward an agreement.