Week 5 Assignment -OLB-7001 v1- Offer Guidance on Conflict De-Escalation-Heather Cappiello 8.27

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Evaluate the Promise of Mediation, 1 Evaluate the Promise of Mediation Heather M. Herr Cappiello OLB07001 v1: Conflict Resolution and Mediation Dr. Liske September 3, 2023

Evaluate the Promise of Mediation, 2 “Mediation is a conflict resolution process in which a mutually acceptable third party, who has no authority to make binding decisions for disputants, intervenes in a conflict or dispute to assist the parties to improve their relationships” (Moore, C.W., 2014). This work will examine a case, The Portsmouth School Board case, and develop an entry phase of mediation through the eyes of the mediator. The Portsmouth School Board Case The Portsmouth School Board announced in their last scheduled meeting that they intended to close one of the high schools in the district due to detrimental losses in taxes and funding in the city. There are currently four total high schools and the school board is trying to diplomatically figure out which school should be the one that will be closed. Several criteria were used in starting the decision-making process: demographics, structural issues with the school buildings and the costs associated with repairs or rebuilds as well as enrollment statistics between the four schools. Subsequently, a public hearing was held to allow the community to voice their opinions. This elicited groups from each of the four high schools which fueled a very emotional debate, which if allowed to escalate further, will result in a division in the community, particularly along racial demographics, which can and will result in a perceived win/lose situation amongst those demographics involved. It is important to note that the community of Portsmouth is dominated by African Americans. The interested parties are the alumni of each of the four high schools: 1) the I. C. Norcom Alumni Group, 2) the Wilson High School Alumni/Community Group, 3) the Churchland

Evaluate the Promise of Mediation, 3 Alumni/Community Group and 4) the Manor Alumni/Community Group. Each group has a different stance on what each school can do to improve. I.C. Norcom The I. C. Norcom group would like to renovate their school and close Wilson High School, which is in the same vicinity as I. C. Norcom. They are historically a black school, but have a very vocal and active alumni. They are contending that the proposed closure of I. C. Norcom is racially motivated and propose to raise funds themselves to renovate I. C. Norcom as another school was able to accomplish the task. Wilson High School The Wilson High School group, a predominately white school, also has an active alumni group. The school has been integrated, but most black students opt to attend I. C. Norcom since both schools are close in proximity. No real solution has been proposed by the group at this time as to what should be done to keep this school open. They do have very well performing sports teams. Churchland High School The Churchland High School group are divided on their recommendations, but agree and share the sentiment that they do not want to see the school closed. The school needs some dramatic improvements and the location has become overcrowded and less than ideal not only due to the necessary renovations, but because the part of the city the school is located in has developmentally grown by business expansions. The school could not keep up with the constant expansions and growing student base. The alumni groups are very active and vocal, mostly comprised of white and middle class professionals. The sports teams have on and off

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Evaluate the Promise of Mediation, 4 performance years, but have stellar records with the boys track team and the girls hockey team, which are both state ranked sports champions. Manor High School The Manor High School group are extremely vocal in their interest in not wanting the school closed. They are giving solid examples that the school is the newest of the four in question and they have invested further funds in making upgrades and repairs. This group feels the most vulnerable because of being the newest, their alumni base is smaller than the other three schools that are older and more established. Even though their alumni base is smaller in comparison to the other three schools, their alumni are the most economically advantaged. There is nothing of note as far as sports teams go because not much attention is paid to the sports programs. Each school group has their own motivations for keeping each respective school open and there are many factors that need to be noted – the biggest here is that there are racially motivated (or perceived racially motivated) intentions that need to be addressed. If ignored, all four parties will end up escalating their positions and continuing to feel racially motivated decisions were made when one school is selected to close over the others. The groups are at a stalemate currently only sitting with their stated recommendations with no real path forward and no decision between the four groups as to what the best decision will be for the community, putting all feelings aside. Who Should be Involved in the Mediation? In choosing mediation, the mediator must make the decision as to who will be taking part in the mediation. “In many disputes, the parties should participate in negotiations are readily apparent” (Moore, C.W., 2014). Each of the four high schools must be involved as well as School Board

Evaluate the Promise of Mediation, 5 and City Council. It is important to remember that not every member of every group needs to be present, but a representative from each group will need to be selected to be their designated “voice” so that each group is fairly represented and will have an equal seat at the table. “Reaching voluntary and mutually acceptable understandings or agreements, along with potential improvements of parties’ relationships, are the major goals of mediation” (Moore, C.W., 2014). Location for Mediation None of the schools are going to be ideal locations for the mediation as if one school is selected, the members of the remaining school groups will feel slighted or feel that one group is getting preferential treatment over the others. The mediation will need to be in a community center or the like that is neutral for all parties, where common ground can be established. Each group needs to be in a location where they can meet together and feel comfortable that they will be heard equally. Physical Arrangements “Physical arrangement refers to seating patterns, the shape of the table, the amount of physical space allocated to and between disputants, physical objects that indicate authority or differences in power, and space for public or private interaction” (Moore, C.W., 2014). In the case of the four schools, a round table type atmosphere may work the best as the goal is to bring each group together without creating tension or barriers. “Mediators often use round tables because there is no physical indication of a boundary between disputing parties or their representatives or “sides” ‘(Moore, C.W., 2014). Psychological Conditions

Evaluate the Promise of Mediation, 6 “Society at large has become increasing riddled with conflict” (Bienstock, J., 2019). Since the four school groups are at an impasse as to how to proceed, the mediator is tasked with evaluating the relationships between the groups and if allowing them to meet together will even be a productive use of time and resources. It is gathered from the case that there is some tension amongst the groups on a racial scale, so the mediator has to keep in mind that these tensions will have to be monitored closely. “Poorly handled organizational conflict is commonplace, and is costly in both economic and human terms” (Gilin Oore, D., Leiter, M. P., & LeBlanc, D. E., 2015). It will be the job of the mediator to also foster positive relations as they relate to race, making each group comfortable in all meetings. Rules and Behavioral Guidelines “The mediation plan for the first joint session should include a tentative sequence of activities that create safety, foster positive and nonadversarial communication, and encourage appropriate levels of disclosure” (Moore, C.W., 2014). The mediator will want to set clear guidelines so that the feeling of being equally heard is maintained by all parties keeping in mind the ultimate goal is to reach a solution that is amicable for all parties, not just in the favor of one. Getting to the root of the issue is the key. Allowing parties to speak without interruption, providing possible compromises, and not being positional are good examples of setting behavioral guidelines in this case. General Plan for First Joint Negotiations and Party Education Processes The mediator is going to want to set up a meeting where positivity is the tone for the entirety of the meeting where the role of the mediator is clearly and concisely communicated. Establishing the rules and behavior guidelines of how participants will interact and speak with each other and

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Evaluate the Promise of Mediation, 7 maintaining the safe space that is needed to continue forward momentum and progress with the parties. The biggest part of the plan is to ensure with each party involved that they are acting in good faith and that they are truly interested in even meeting to come to a mutual solution. The mediator must ensure that the parties are educated and agree to the collaborative process that is about to occur between them. The more agreement that can be gathered upfront from the parties involved, the better the likelihood that a positive outcome will be achieved. Potential Deadlocks and Overcoming Them As long as the mediator remains focused on positive and respect in communications amongst the interested parties and the parties honor that commitment, mediation can occur. A potential deadlock can occur if the parties do not follow the established rules or do not want to entertain the other groups thoughts or ideas. There is always a danger of this happening, which deteriorates the good faith that was spoken of earlier. In order to avoid pitfalls and deadlocks, the mediator has to ensure that in this case especially, that tensions and emotions are not the forefront of the meeting. This mediation really must focus on the real issues at hand, not the feelings of the participants. Anticipating this early will help the mediator to lay down ground rules and make sure that all parties understand what is expected of them. The mediator needs to anticipate stalemates between the parties and creatively figure out ways to make sure that the parties keep the conversation going in a productive and positive way, ensuring that all parties are working together toward a common goal where everyone may not win, but everyone feels that the decisions made were in the best interests of all involved. This cannot become a winner or loser matter.

Evaluate the Promise of Mediation, 8 References Bienstock, J. E. (2019). CAMPUS CONFLICT RESOLUTION: THE TIME HAS COME FOR MANDATORY MEDIATION. Journal of Business and Behavioral Sciences, 31(1), 36- 47. https://www.proquest.com/scholarly-journals/campus-conflict-resolution-time-has- come/docview/2248942160/se-2 Gilin Oore, D., Leiter, M. P., & LeBlanc, D. E. (2015). Individual and organizational factors promoting successful responses to workplace conflict. Canadian Psychology / Psychologie Canadienne, 56(3), 301–310. https://doi.org/10.1037/cap0000032 Moore, C. W. (2014). The mediation process : Practical strategies for resolving conflict. John Wiley & Sons, Incorporated.

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