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photo: El Paseo de Ceasar Chavez

 

Mediation Process

In mediation, the disputing parties agree to meet with two neutral, third-parties at a specified location on campus. These mediators assist participants in creating an environment where each person feels safe, respected and heard. At the end of the meeting, both parties leave with a jointly-developed agreement that outlines steps each person will take to resolve the conflict.

Mediation is Confidential

Everything that is discussed during the mediation session cannot be discussed with anyone unless the parties specifically agree.

Mediation is a Voluntary Process

All parties who agree to mediate their dispute must be willing to work through the problem by hearing the other person out, offering up solutions for settling the dispute, and negotiating an agreement.

The one-to-three-hour session comprises four phases:

  • Opening statement - each participant describes his or her understanding of the conflict to the mediators.

  • Building understanding - through dialogue, participants explore each other's needs and interests in order to establish understanding and find common ground.

  • Brainstorming - participants generate possible solutions to the dispute based on the mutual understanding.

  • Agreement - participants agree upon a fair and achievable solution.

At any time during the mediation, the mediators may ask to speak confidentially with the parties separately, in a confidential meeting called a caucus. Any one of the disputing parties may also ask for a caucus with the mediators.

The mediator can choose to terminate the session if there are safety concerns and/or the parties are not acting in good faith. Come with an open mind, be ready to listen, and be willing to negotiate an agreement.

The Role of a Mediator

Our volunteer mediators are SJSU students, faculty and staff trained in communication and conflict-resolution. As neutral, third parties they maintain an impartial viewpoint throughout the mediation session and do not take sides. Their job is to facilitate the process, maintain a safe, comfortable environment, and help participants communicate effectively.

  • Mediators are not judges.
  • Mediators are not counselors.
  • Mediators do not provide advice nor suggest solutions.
  • Mediators treat disputing parties with respect and compassion.

What Can Be Mediated

Here are some examples of situations that can be mediated. This list is not comprehensive. If you don't see your situation listed, please contact the Mediation Center and we can help you decide if mediation is an appropriate option for resolving your dispute.

  • interpersonal conflict between roommates, classmates, friends, or family-members
  • romantic-relationship disputes
  • on-going tension that exists between a student and a faculty or staff member
  • conflicts that stem from issues of race, ethnicity, gender, or sexual orientation
  • disputes with landlords or merchants
  • conflicts between members of class project groups
  • group conflicts within or between student organizations
  • group conflicts between members of committees
  • disputes between the organization and one of its members
  • neighborhood disputes involving students or student organizations
  • tension between members of a student organization
  • disagreement among leadership committees about an organization's mission or activities
  • disputes between the organization and one of its members

 

 

Conflict & Common Ground
One Washington Square
San José, CA 95192-0031
408.924.5883
Located in ADM 218

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