Professional Documents
Culture Documents
Mediation Manual Conflict Resolution
Mediation Manual Conflict Resolution
Ministry of Education
Dominican Republic
Qualification:
Mediation as a conflict resolution tool in the Dominican educational system. Training manual for facilitators
General coordination:
Produced by:
National technicians from the different instances of the MINERD participating in a mediation workshop composed of
actors from 10 selected educational centers and district technicians from the regional 10 Santo Domingo II and 02 of
San Juan de la Maguana
Michael Soto
Felix R. Gomez
INDEX
INTRODUCTION
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FACILITATING AND PROMOTING A CULTURE OF PEACE
WHAT IS THE CONCEPTUAL FRAMEWORK THAT WAS USED?
WHAT IS THE METHODOLOGICAL PERSPECTIVE?
WHO IS IT DIRECTED TO?
WHAT DO WE FIND IN THE MANUAL IN TERMS OF CONTENT? HOW IS IT ORGANIZED?
GOALS
DESCRIPTION OF THE CONTENT
A) UNDERSTANDING SOCIAL CONFLICTS: CRISIS VS. CHANCE
- HOW DO PEOPLE REACT TO CONFLICTS?
- THE ANALYSIS OF CONFLICTS
- TYPES OF CONFLICTS
- THE TRAJECTORY OF THE CONFLICT
- THE SPECTRUM OF CONFLICT RESOLUTION AND TRANSFORMATION
- ASYMMETRY AND POWER IN CONFLICTS
- UNDERSTANDING THE CULTURAL CONTEXT IN CONFLICT RESOLUTION
- INTERVENTION OF THE THIRD PARTY OR MEDIATOR
GOALS
DESCRIPTION OF THE CONTENT
THE ROLE OF THE TRANSFORMATIVE MEDIATOR
MAIN STEPS IN A MEDIATION PROCESS
PLANNING A MEDIATION
1) PRELIMINARY PHASE
2) EXECUTION PHASE
- STAGES DURING MEDIATION: DEFINITION OF THE PROBLEM AND SOLUTION
- KEY COMPETENCIES FOR MEDIATORS
- USING REFLECTIVE PRACTICE
- TIPS FOR EFFECTIVE COMMUNICATION AND TO STRENGTHEN FACILITATION
- ASPECTS THAT FACILITATE MEDIATION SESSIONS
3) EVALUATION AND CLOSING PHASE
SUGGESTED AGENDA FOR MODULE II
MODULE III: ESTABLISHING A MEDIATION SYSTEM IN THE SCHOOL ENVIRONMENT
GOALS
DESCRIPTION OF THE CONTENT
TRAINING PLAN
PROCESS MAP FOR THE IMPLEMENTATION OF MEDIATION IN THE SCHOOL ENVIRONMENT
PEER MEDIATION AS A CONFLICT RESOLUTION MODEL
- THE BASIC PRINCIPLES OF PEER MEDIATION AND ITS COMPONENTS
- THE BENEFITS, CHALLENGES AND DISADVANTAGES
- THE DEVELOPMENT AND ESTABLISHMENT OF A PEER MEDIATION PROGRAM
- PEER MEDIATORS
- THE PEER MEDIATION PROCESS – “STEP BY STEP”
FORMING A PROFESSIONAL NETWORK OF TRANSFORMATIVE MEDIATORS
SUGGESTED AGENDA FOR MODULE III
ANNEX J: G LOSARY
REFERENCE LIST
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DEAR FACILITATOR:
This manual includes the basic principles for the implementation of the Mediation model in the Dominican
Educational System, having as a framework of reference the Competency Approach promoted by the
MINERD (2014), and the promulgation of the regulatory framework that includes the Standards of the
Educational System Dominican for Harmonious Coexistence in Public and Private Educational Centers (2013)
This initiative of the Directorate of Guidance and Psychology (DOP) of the Ministry of Education (MINERD), in
collaboration with UNICEF, arose from the need to promote and consolidate a culture of peace in the different
instances of the educational sector due to the prevalence of forms of violent conflicts in educational centers,
which involve the various actors in the educational sector (students, teachers, directors and support staff)
(IDEICE, 2014).
The MINERD, with the support of UNICEF, seeks to leave the capacity installed in the participants to
implement in their workplaces a mediation scheme as a strategy for peaceful conflict resolution, which
together with other initiatives, such as positive conflict processing, children and girls peacebuilders, “A deal for
a good deal” campaign, among others, leads to a substantive improvement in interpersonal relationships and
the way conflicts are addressed by the different actors in the educational system.
With this manual we put at your disposal the basic theoretical-methodological guidelines on mediation and
how to teach them, however, it is you, with your accumulated capacity and experience, who are in charge of
putting them into practice and adjusting these principles to your own educational communities and local
realities. There are no miracle recipes or magical solutions to conflicts, what exists are tools to learn to
manage them and channel them in the best way to achieve positive changes in our society.
The authors
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Introduction
This Training Manual for Mediation Facilitators brings together a series of knowledge, tools and methodologies
to plan, organize, carry out and monitor the implementation of mediation as a tool for peaceful conflict
resolution in the educational context of the Dominican Republic. In order to achieve better learning and ensure
its practical application, it is proposed to carry out a series of training workshops, which have been designed to
encourage its use and learn how to replicate the training experience to make it reach the greatest number of
facilitators/ mediators in the country.
Mediation is based on the basic premise of looking at conflicts as windows of opportunity to achieve positive
and lasting changes in human relationships, thus overcoming the negativistic vision of adopting suppression or
containment strategies to manage them.
Through the implementation of this mechanism in public and private educational centers in the Dominican
Republic, a substantive improvement in relationships is sought, the promotion of a harmonious and
collaborative climate in the school context and the consolidation of civic values and peaceful coexistence. in
society.
Among the main objectives pursued with the design of this manual and the execution of the training workshops
we can mention:
• Acquire the necessary knowledge to implement mediation processes in educational centers in the
Dominican Republic through the training of adult mediators.
• Contribute to the establishment of a School Mediation System that enables the peaceful resolution of
conflicts and that contributes to the consolidation of a culture of peace, with higher levels of
acceptance of diversity and empathy.
• Train participants through a theoretical and practical perspective in the fundamental principles and
tools used by mediation.
• Train users of the manual on how to train facilitators in mediation so that they in turn become
facilitators/mediators.
Finally, what is expected to be achieved through this MINERD and UNICEF initiative
is that the country's educational centers implement the mediation program as a
resolution practice.
Facilitating and promoting a culture of peace
The country's public and private educational centers, being an important reflection of this everyday life,
constitute important spaces to promote positive social changes and foster a culture of tolerance, respect for
diversity and peaceful coexistence, hence the importance of working and promoting an agenda of positive
peacebuilding and critical spaces for interaction and learning.
The foundations have already been laid through the competency approach contemplated in the Dominican
School Curriculum, in particular the Problem Solving Competency and the Ethical and Citizen Competence
(MINERD, 2014). However, it is important to put these guidelines into practice through the creation and
implementation of alternative mechanisms to violence in the daily life of the country's educational centers.
The introduction of these alternative ways to deal with conflicts in the school environment should promote
changes in several aspects:
• In the way we communicate with others to foster a culture of dialogue and mutual understanding
between all actors in the Dominican educational system and with those in our community.
• In the way we relate to others, prioritizing equal participation, respect for diversity, social
responsibility, collaboration, among other key elements to achieve a more harmonious coexistence.
• In the way we imagine ourselves and our environment to be able to adopt and promote values,
knowledge and skills to live in harmony with ourselves, with others and with the environment.
Promoting a culture of peace in the Dominican educational sector must include, among other elements, these
three important aspects (communication, relationships and values), since through these we will be promoting
processes of positive change and transformation of our realities without the need to resort to to violence.
In this sense, this manual below details the most important theoretical, methodological and practical principles
of mediation as one of the most suitable tools to achieve and promote these objectives in the Dominican
educational system.
12
The use of mediation in this environment is also protected by the general principles that govern the Standards
of the Dominican Educational System for the Harmonious Coexistence of Public and Private Educational
Centers (2013), especially those related to the prevention of violence, the promotion of a culture of peace and
the peaceful resolution of conflicts (contained in Article 4). In this sense, this manual and the training workshop
that accompanies it constitute a significant effort to promote the adoption of practices that ensure this
harmonious coexistence between the different actors in the educational sector.
The country's public and private educational centers, being an important reflection of this everyday life,
constitute important spaces to promote positive social changes and foster a culture of tolerance, respect for
diversity and peaceful coexistence, hence the importance of working and promoting an agenda of peace
building and critical spaces for interaction and learning.
1
The use of mediation (Folger and Bush, 1994) as a tool to promote this behavioral and relational change is
based not only on the development of a fair and dynamic process in which the parties in conflict can find
2
consensual solutions to their differences (such as is proposed by traditional mediation), but also implies the
transformation of social relations and forms of communication to contribute to the consolidation of a culture of
peace in society. This model is based on two fundamental elements:
a) The empowerment of the parties as a critical factor for them to become decision-makers and to achieve
lasting and sustainable agreements, and
b) In the recognition and better understanding of the needs, interests and values of the “other”, which will
contribute not only to the consolidation of the agreement per se, but to the emergence of a culture of
tolerance, 'active listening' and mutual respect.
Therefore, its potential lies in the fact that the parties in conflict or their relationships can be altered during the
mediation process, changing their way of communicating and relating to each other and to the rest of society.
The mediator in this dynamic becomes a companion of the process and the instrument for channeling
agreements. This is a type of mediation that
1. - Baruch Bush, R. and Folger, J. (2004). The Promise of Mediation. The Transformative Approach to Conflict. San Francisco,
CA. Jossey-Bass.
2.- Traditional or facilitative mediation is an alternative conflict resolution technique that has been implemented in countries such as
the United States, Colombia and Mexico since the late 70s. It consists of creating the appropriate conditions so that the mediation
process is carried out fairly and that the parties can reach satisfactory agreements. In this the mediator (usually called “the neutral third
party”) is in charge of facilitating the process, while the parties involved are in charge of the outcome.
13
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puts the mediator in charge of the process, while empowering the conflicting parties to seek solutions and
results.
1) The construction of knowledge and the development of skills used in mediation as a tool for
peaceful conflict resolution within the educational field, and
2) In the application of this knowledge obtained in the workshop through the replication of this
training and learning experience in their respective educational centers. The installed capacity in the
multipliers will allow training at scale in the different educational centers.
1) Theoretical : Through a concise exposition of the fundamental principles that should guide any mediation
(such as: the construction of trust, impartiality, the empowerment of the parties and the search for
consensus in decisions, among others) the participants will have access to the main theoretical
discussions on this subject.
2) Methodological-practical : By using this manual and participating in the training workshops, participants
will be able to develop their skills in two fundamental areas: in transformative mediation itself (as
mediators) and in turn as facilitators of new participants within the training model in scale. This is intended
for participants to apply the knowledge received from their particular perspective and to contribute their
experiences to the enrichment of the workshop, as well as to take this learning background and replicate it
in their different educational centers.
3) Reflective : Finally, by reflecting on their own training experience and on their role as transformative
mediators in the school environment, participants contribute to strengthening the collective learning
experience, thus achieving comprehensive instruction (theoretical-practical and reflective).
Some of the tools used in the workshops to operationalize the knowledge contained in the manual and
facilitate its application in practice are:
• The presentations of the facilitators: which reflect the different contents present in the three thematic
modules that the manual has as they are linked to the local reality.
understanding of the concepts taught and promote collective and participatory learning.
• The use of the training and logistical-administrative guides that appear as annexed products to the
manual, which detail the steps to follow to carry out: 1) Training workshops for facilitators and 2) The
establishment of mediation processes in the school environment .
• Module I : An introduction to the field of peaceful conflict resolution and the need to promote a culture
of peace. Mediation is identified as the ideal tool to fulfill this purpose in the school environment.
• Module II : It focuses on the mediation training of the participants, as it promotes not only the
construction of knowledge, but also prioritizes the development of their skills and their practical
application in mediation processes.
• Module III: Trains the user of the manual in how to replicate the training experience and train
facilitators/mediators who, in turn, work on the dissemination of knowledge and practice of mediation
by replicating the training experience (workshops) in their respective educational centers. .
Likewise, the manual presents a guide/protocol to follow for establishing the mediation program and how it can
be implemented in the Dominican educational system.
How is it organized?
To respond to the objectives stated above, we have divided the structure of the Training Manual for
Facilitators into two:
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teaching the basic principles of peaceful conflict resolution and more specifically the most important
theoretical-methodological guidelines of mediation, as well as training in the development of basic skills
for mediation (active listening, facilitation and language techniques, among others). .
2) A component for the execution of training and the implementation of a mediation system in the
school environment (module III): which provides participants with the necessary guides to replicate their
training experience in their respective educational centers, thus completing way their training in mediation
with the necessary knowledge to train and train future facilitators/mediators within the cascade training
model proposed by the Directorate of Guidance and Psychology (DOP) of the MINERD in conjunction with
UNICEF.
This component also details the steps necessary for the implementation of a mediation system in the
school environment by establishing the necessary conceptual foundations prior to the execution of the
implementation phase.
To encourage the use of the manual and its practical application, a series of annexes have been attached to
the main document that will guide the reader with examples and detailed information on: list of tasks,
protocols, tools, guides and steps to follow, both to replicate the workshops of training to design and
implement a school mediation system according to the educational context of the country. In this sense, the
following stand out:
V The Logistical-Administrative Guide for the Preparation of Training Workshops , which provides a
detailed protocol on how to conceive, adequately plan and implement training on mediation.
V The Notes for Facilitators , which are distributed throughout the text. These contain suggestions on
how to lead group discussions, direct the debate to improve the learning of concepts and receive
input from the participants to respond to the dynamic and participatory learning scheme that we have
proposed.
V The Training Plan, which details the basic tasks to replicate the training experience in the future and
the annexes that refer to the establishment and consolidation of mediation within the Dominican
educational sector.
Finally, although this training manual systematizes much of the knowledge and practice of mediation applied to
the school environment, it is recommended to complement the training of future facilitators/mediators with
16
other pedagogical tools, some of which could be: bibliographic review, creation of discussion/support groups
for mediators in the educational sector, virtual forums, the production of teaching materials, among others, that
help consolidate mediation practice as an effective tool for transforming conflicts in educational centers in the
country.
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Goals:
General:
1. Communicate the importance and benefits of opting for peaceful conflict resolution and the adoption of
mechanisms such as mediation that contribute to the establishment of a culture of peace.
2. Provide participants with the theoretical-methodological tools for the exercise of mediation as a tool for
peaceful conflict resolution in the various instances of the educational sector.
3. Gain a broader understanding of conflicts that overcomes the negativistic view of them and, on the
contrary, sees them as opportunities to produce positive social changes in societies (without the need to
resort to violence).
Specifics:
1. Obtain a greater understanding of conflicts, the immediate and underlying causes and their various
components (dynamics, parties involved, causes, effects, interests, among other elements).
2. Provide a panoramic view of the different tools and methodological perspectives designed to manage,
resolve and transform conflicts.
3. Introduce the participant to mediation, methodologies and techniques used under this model.
We speak then of mediation as a tool for the transformation of human relationships marked by violence
(physical, psychological, structural) towards a relationship based on an improvement in communication, on the
understanding of one's own needs and those of the "other" and on the Collaboration as a basic tool to obtain
satisfactory results
all parts that are sustainable over time. Thus, this module is divided into two thematic blocks (sections A and B
described below) and which will be accompanied by individual exercises and group dynamics. Its purpose is to
give structure and fluidity to the proposed content and allow better management of time and resources
allocated to teaching.
There is no single definition of conflict, since different authors have privileged the different dimensions
(communicative, psychological, socio-economic or ideological) that conflicts present. For the purposes of this
manual we will use a more generic definition of conflict as a multidimensional social phenomenon essential to
the process of history, social change and the way societies transform. This notion allows us to approach
conflicts as dynamic and interactive processes, not as static phenomena, which opens many possibilities to
find alternatives for their management and resolution. However, to analyze and achieve a greater
understanding of conflicts in their different areas, from the individual to the systemic, we recommend the use
of Kim & Pruitt's (1994) definition of conflict:
“ Conflict is a perceived divergence of interests and beliefs that the current aspirations of
the parts cannot be achieved simultaneously or are incompatible” (Kim & Pruitt, 1994).
20
Source: Dual Concern Model of Pruitt & Rubin (1986) and Thomas & Kilmann (1977)
1) When the degree of concern for our goals is high and the degree of concern for the goals of others is
low , then WE COMPETE. Getting what you want is the only criterion to follow without stopping to reflect
on what others want.
2) When there is a low level of concern about achieving our goals and the goals of others, then we AVOID
conflict.
3) When the level of concern about achieving our goals is low and our concern about others achieving their
goals is high , then WE FIT. You don't face problems, you give in and accept what others want.
When one does not stop worrying about his or her own objectives and, at the same time, gives room to
consider what the other wants, the scenario is that of MUTUAL CONSESSIONS. In this instance,
4)
efforts are concentrated on finding the middle point between the two positions. That is to say, the
solution requires that each one give in a little until reaching a point of agreement. It's like haggling in the
market.
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All of these strategies are valid depending on the context, including competition, since we start from the
premise that conflict is a normal part of human interaction. Therefore, efforts must be aimed not at
suppressing or eliminating conflicts, but at channeling them in a constructive manner. However, it is in
COLLABORATION where we can reach lasting and mutually satisfactory agreements for all parties in conflict.
a) Problem : Refers to the specific topics/issues included in the conflict. These may include opposing points
of view, incompatible needs or interests, and concrete differences regarding the use, distribution, and access
to resources (land, money, time, etc.). Here
22
b) Process: Refers to the way decisions are made. It is important to emphasize that people generally look for
processes that are fair, efficient and long-lasting. Therefore, it is vitally important that the parties in conflict
feel included and that their opinions are being heard. In this way, consensual and sustainable agreements
will be achieved over time.
c) People : It is important to distinguish and separate the person from the problem. For example: in a fight it
is common to attack the person as if “the person” were the cause of the problem, not allowing us to see
other elements (circumstantial, structural, etc.). Hence the importance of recognizing and respecting the
ideas of our adversaries, because by doing so we are opening the window of dialogue where the horizon
of resolution is presented as possible.
Facilitator Note #1
The following questions can be asked of the participants in order to expand their vision of these three basic components:
• About the problem: What are the causes of the conflict? What are the fundamental needs of the parties? Is there any
mechanism for decision-making? What could be the areas of mutual understanding between the parties?
• About the process: Do you know of any method used to resolve conflicts? How does the conflict manifest? What is the
phase of the conflict (latent, silent, etc.)?
• About people: Who is involved? What are their perceptions? How do they differ? Who do they represent?
Keeping in mind the “satisfaction triangle” described above, this manual proposes its users to map the conflict
as the tool that allows them to understand all the elements involved; It's like taking a photograph of a dynamic
situation. This analysis exercise helps establish intervention options and answer questions such as: What can
be done? Who can do it in the most constructive way? At what point should we intervene?
The conflict map following the Mitchell (1990) model should help us locate: What are the origins of the
conflict?
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• What are their interests (motivations), positions (goals) and needs of the parties?
• What type of relationships do the parties establish (power, reciprocity, collaboration, etc.)?
• What is the dynamic of the conflict?
• What behaviors or tactics are used by adversaries? (the responses adopted by the parties)
• What or what are the results of the conflict?
• What is the function of conflict? (release tensions, unite members, gain visibility, among others)
At this point you can use Group Dynamics #2 (see Annex A) and the Glossary present in the
Annex L to ensure proper understanding of the above terms.
Types of conflicts
Many seemingly simple conflicts are often linked to more complex conflicts, of which the specific conflict is
only a part. Dugan (1996) talks to us about “nesting” of conflicts to explain the interrelationship between
these different types or levels. That is to say, conflicts at local, community and even national levels are
framed or embedded in structural and systemic conflicts of a regional and even global nature.
For example, a dispute between students at school
may be closely linked to a situation of family
breakdown which, in turn, is linked to the
Relational
Individual
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Measure iac R conflict resolution.indd 27
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trigger the conflict and make it
manifest. The degrees of intensity of
the conflict (bonfire) may vary and
depending on the techniques used
(interventions) to achieve a
rapprochement between the parties,
this fire will be extinguished or not in
the short, medium or long term. The
peacebuilding phase represented by
the germinating seed tells us about
greater understanding between the
parties and about the construction of
new systems, institutions and
opinions about others that promote
non-violent coexistence.
25
Direct violence : Refers to intentional and overt violence (beating, verbal and psychological abuse, etc.). In
the school environment, this type of violence commonly translates into intimidation, domestic violence and
criminality (associated with gangs and drug use). At the national level it can be expressed through human
rights violations, civil wars, among others. In this type of violence it is easy to identify the person responsible or
perpetrators.
Cultural violence : It is formed by the ideas and cultural practices learned from our childhood, on a daily
basis, and that shape our way of seeing our environment. These conceptions have been naturalized (that is,
Structural violence : It is a more subtle form of violence that, at the individual level, is expressed in low self-
esteem and helplessness to face everyday situations and that, in the field of interpersonal relationships, takes
the form of prejudices, inequities, intolerance and discrimination. .
26
Using the previous conflict mapping form groups of 4-6 participants to discuss the following questions. This exercise aims for
participants to identify the different forms of violence present in their daily lives.
How many types of violence are present in this situation?
Is there any manifestation of direct violence?
Are there attitudes and behaviors that reinforce the use of violence?
What type?
What are the elements that legitimize the use of violence?
What are the consequences of using one or another type of violence?
Culture is fed by both internal and external influences, that is, it is in constant movement. The image of the
iceberg presented below will serve as a metaphor to understand how sociocultural institutions and the different
parts that make them up work.
Human beings, from our birth, are socialized within a culture that teaches us how to function in a certain
society, what to eat, how to dress, our social roles, what is appropriate and what is not, among other elements.
omide
27
radiations
Behaviors,
:l locker positions, objects,
perceptions
Rites
and institutions
The
myths
Norms, beliefs,
values
http://ralphclevenger.com/tag/iceberg/
However, we rarely question what lies beneath the surface level. Beneath the surface is the space where the fundamental
assumptions and presuppositions, symbols and cultural schemes emerge that help us make sense of the reality in which we
live. This is also the space where many of the most enduring conflicts originate, hence, if we want to understand and find
solutions to these, we must worry about reaching the deepest level.
This third party may be represented by an external agent or by a member of the community itself who enjoys legitimacy and
recognition between the parties. There are advantages and disadvantages to the intervention of a third party, whether external
or internal to the conflict. For example, if it is external to the conflict, it could contribute diverse knowledge and experiences to
the topic at hand, reliability, creativity, and a sense of impartiality and neutrality in the process. However, it could be more
costly and lack legitimacy among members of the community where the conflict occurs.
Likewise, the intervention of a third party internal to the conflict could be less
expensive and more legitimate in the eyes of the community, however, it could also be seen as less impartial and aligned with
certain interests, so the credibility of the negotiation process could be affected. Therefore, it is important to mention that
choosing one or another type of third party will depend greatly on the type of conflict, the parties involved, the context and the
history of the conflict.
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Adjudication also removes the control of the parties over the outcome of the process, since it is a judge who decides the outcome,
causing one party to win to the detriment of the other, thus creating a pattern of winners and losers and leaving the fundamental issues
open. be channeled. Likewise, adjudication also does not attempt to reconstruct the relationship between the conflicting parties.
The mediation process offers a satisfactory result to both parties. It is the preferred conflict resolution technique since, with the
intervention of a neutral third party, it allows the parties to talk about their problems, the underlying causes of them, their interests and
needs. Likewise, it allows the parties to search for the most beneficial options and solutions.
(©) for both, as it seeks to achieve a mutual agreement that considers the needs of both 0)
(win win). In this training we will focus on mediation as one of the most effective conflict resolution tools, which helps the parties to
commit to managing their problems, to work in coordination so that they can find an acceptable solution to them, satisfying the needs
of the other. and using skills learned during the mediation process to constructively manage and resolve future conflicts.
As a structured and good faith process facilitated by the neutral third party or mediator, mediation calls on the parties to dialogue in a safe
environment where they can discuss their conflicts confidentially. It should be taken into account that more than Part B
A mediator can facilitate the process.
Mediator
Part A
The mediator needs to be competent to understand the objectives, beliefs and perceptions of the parties in
order to assist them during the mediation, while also helping them in:
29
A key component of mediation is the empowerment of the parties by the mediator so that they can have decision-making power,
while working together to reach consensus. For the outcome of mediation to be effective, the parties need to be fully empowered to
discuss their problems, interests and needs and be committed to the process to reach mutually acceptable and lasting solutions.
The parties can be two people or two groups.
Types of mediation
Some of the types of mediation include those presented below. A brief description of each of these types can be found in Annex E.
Types of conflicts: what can be mediated and what is not subject to mediation
Not all conflicts can be mediated, as some fall within the scope of the formal administration of justice. Among these we can count conflicts that involve
physical violence and criminal acts, such as: rape, assaults, assaults and domestic violence, among others.
Likewise, some conflicts based on values or issues concerning people's identity (gender, race, religion, etc.) cannot be satisfactorily mediated, since their
underlying causes are deeply rooted in society and in order to resolve them Sustainably, long-term interventions are required (such as sustained dialogue,
collaborative processes, reconciliation, among others) and the political will not only of the parties, but of the authorities and of the entire society.
It is important to note that only conflicts where there is no violence or violation of people's fundamental rights can be mediated. In the school environment
we frequently find the types of conflicts described below that can be objects of mediation.
Facilitator Note #3
After this section, take 10 minutes to ask participants: What types of conflicts exist in your area?
What has been your career? Where are they located?
Of these, which could be the subject of mediation?
Note: There may be more than one type of conflict.
Types of mediators
There are several types of mediators, since mediation processes respond to the social and cultural practices of the context that generated them. However,
we can mention four fundamental types (described in Annex F) and they are:
• Impartial and neutral with respect to the parties, their conflicting interests and the results
• He is professionally trained
• May belong to the group or may be from outside
• Adopts styles that vary from directive to non-directive
Facilitator Note #4
• What kind of challenges can an independent mediator encounter in the context of the Dominican Republic?
• How can the identified challenges be managed?
Based on these two styles and the spectrum of their behavior, a NON-
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I Mediation Conflict Resolution.indd 32
• Promotes a solution born of the parties
• Ensures a balance of power between the parties
• Helps the parties to take ownership of the result of the process
• Ensures that the parties learn to deal with their conflicts constructively
Although the directive mediator style exists in different contexts, we consider that, in the educational context, the presence of non-directive mediators helps
the parties generate a climate of trust, while empowering them thanks to the application of ethical values such as impartiality and respect.
Group Dynamics #4 (see Annex A)
At this point project the video:
( https://www.youtube.com/watch?v=75CKhMU1ptw )
This can be combined with what is stated in the note for facilitators to direct the
group discussion.
Facilitator Note #5
After this section, spend 10 minutes reflecting with participants on whether it would be difficult for mediators to navigate the Dominican cultural context and
become non-directive mediators.
The OAS-ProPaz project (1996) mentions several roles that third parties in a conflict can assume, among the
most common are:
• Convener : When he is in charge of creating the space and conditions for the parties to dialogue.
• Mediator : Responsible for facilitating a process between two or more parties in order to contribute to the
search and achievement of mutually satisfactory agreements for the parties through negotiation.
• Observer : When the function of the third party is to participate in the process as a guarantor of the
political will of the parties regarding assumed commitments.
Facilitator Note #6
Based on the elements provided in the group dynamics carried out (see Annex A), conduct a similar exercise with
your workshop participants to identify and discuss the elements mentioned above (mediator roles, styles, etc.)
• Time availability
• Reflect on the main underlying causes of the conflict
• Determine your interests and needs
• Cooperate with the mediator and the other party to identify possible solutions
• Think about and carry out an assessment of all the proposed resolution alternatives
• Be aware of the point of view, interests and needs of the other party
34
Conflict Resolution.indd 40
Facilitator Note #7
In this section you can reflect with the participants on the types of challenges that a mediator
independent could find in the cultural context of the country and in the educational system.
• Impartiality means that the mediator has the ability to distance his or her views from that of the parties,
without influencing the outcome of the mediation, focusing solely on helping the conflicting parties make their
own decisions.
• Trust, which is an axis of mediation, since the parties need to feel that the mediator understands their needs
and takes them into account, while being competent enough to guide them impartially towards the search for
consensual and sustainable solutions in the mediation. time. Thus, the mediator needs to ensure that neither
party is negatively affected psychologically, physically or emotionally. Without a climate of trust, the parties will
not feel comfortable expressing their concerns and interests that motivate the conflict.
• Confidentiality refers to the handling of information during mediation sessions. This information cannot be
communicated to others outside the mediation room, except in the case of an act of violence between the
parties that must be communicated to the relevant authorities (police, judges, etc.). The entire mediation
process can be affected by a lack of confidentiality, therefore the mediator must explain to the parties the
measures adopted to ensure faithful compliance. The fact that the parties have the confidence to speak freely
in a safe environment contributes greatly to reaching agreements.
• Neutrality can be easily observed by the parties based on how the mediator acts and communicates with them
during the mediation process. Therefore, the mediator has to ensure that both parties are treated in a similar
way, which allows them to have the same opportunity to express their problems, interests and needs.
Additionally, the mediator must continually check himself to ensure that the parties do not feel that one is being
treated better than the other.
Facilitator Note #8
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Mediation Conflict Resolution.indd 35 8/19/16 4:47 PM
• How difficult would it be for an independent mediator to comply with the principles of confidentiality and
impartiality in: a) the Dominican Republic and b) in the school system?
• How could we help create the trust necessary to carry out an effective mediation process?
Disadvantages
Mediation also carries many disadvantages, as it can create an atmosphere where the parties:
• They seek information from the other party that can then be used in court.
• Parties may participate in bad faith
• Look for delays in the process (non-resolution) to promote your benefits
• If mediation is not well managed, one party may try to have control over the other (power asymmetry),
pressuring the other party to agree to a solution that fails to satisfy their needs.
• The parts:
- Does not have the skills and attitudes necessary to be an effective mediator
- Does not have the knowledge about how to prepare and carry out a successful mediation process
Facilitator Note #9
After this section take 15 minutes to reflect with plenary participants on:
• How do you think a mediation program will benefit people in the Dominican Republic?
SUGGESTED AGENDA FOR MODULE I
icana and the school system?
• Peaceful
Which of the above disadvantages would conflict
come to theresolution:
surface if a mediation program were to be implemented
within the Dominican school system?
Theoretical principles and main methodologies
• How can they deal with some of the problems mentioned above?
Goals:
Group Dynamics #1
Introduction of facilitators and
(facilitators and Meet each participant and learn about
participants (introductory exercise /
participants) see their vision
expectations check
Annex A
Break
Group dynamics
Conflict mapping #2 (facilitators and Practical application
participants)
38
Feedback of results for each Participants Common learning
scenario
Lunch
Break
Summary and closing of the day Facilitators Systematization of what was learned
39
General:
1. Provide the methodology and essential tools to carry out effective basic conflict mediation in the school
environment.
Specific
Mediation is not a strictly structured model. It is anchored in the empowerment of the parties, which allows
them to achieve through dialogue a better understanding of their own needs, interests, attitudes and
perceptions, as well as those of others. Throughout the process, the transformative mediator guides the
parties so that they can: 1) gain a better understanding of their conflicts and how to deal with them
constructively, 2) help transform their relationships, and 3) find more peaceful ways to interact in the future
( foster a culture of peace).
• Empowers parties by ensuring that they have a sense of their own worth and their ability to deal
constructively and effectively with the challenges and problems they face in life
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• Helps parties use appropriate language
Mediation Conflict
Conflict Resolution.indd
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Mediation.indd 50 8/19/16 4:47 PM
• Ensures constructive communication during the mediation process:
- Learn to “actively listen” by paraphrasing, reformulating or using metaphors to ensure a better
understanding of what is being said.
- Ask open questions
• Helps parties get involved in problem solving so they can:
- Provide your views on different aspects of the conflict
- Discuss your views on the nature of the underlying problems of the conflict
- Search for solutions that can help solve your problems
- Choose the best solutions that allow a win-win outcome for both parties
• Effectively manage emotions
• Constructively manage inappropriate behaviors
• Help parties proceed in a way that protects their relationship going forward
• Reflect on your own role as mediator throughout the process
The graph below provides a global vision of the mediation process, however each of these instances requires
specific preparations, skills and tools, which we will develop below:
The mediator
The mediator helps The mediator helps
supports the parties
The parties in The mediator asks the The mediator helps the parties create the parties evaluate
in the creation of the
conflict voluntarily parties in conflict to the parties focus on win-win options these options.
agreement and its
agree to enter share their views on their interests and implementation
mediation the conflict needs.
Planning a mediation
1) Preliminary
phase
The preparatory phase of mediation is as important as the mediation itself, and the success of the process
largely depends on it. The Logistics – Administrative Guide (Annex C) presents in detail the various
preparations necessary to carry out mediation training.
The actions that the mediator must carry out during this phase are the following:
2. Learn about the causes of the conflict (through previous meetings with the parties)
The duration of the mediation sessions may be approximately one hour and, if necessary and feasible, the
mediator will deem it appropriate to extend this period for an additional hour if the parties are close to reaching
an agreement. Likewise, the mediator and the parties may agree on a meeting schedule depending on
availability, resources and topics to be discussed.
2) Execution phase
During the mediation sessions, and while the process is carried out, the mediator must ensure that there is a
climate of trust between the parties and the mediator, that is, create a “safe space” for the mediation;
formulate the rules of coexistence in a participatory manner and apply the methodology and facilitation and
communication techniques described in this manual.
6. Similarly, the mediator synthesizes and paraphrases the vision (problems and
needs) presented by part B.
1. The mediator helps each party identify the causes of their problems.
2. The mediator summarizes and uses paraphrasing to obtain input from the
parties.
3. The mediator helps the parties formulate options (win-win) and achieve a better
understanding of their problems and needs, as well as those of the other
b. Solving party.
the issues
underlying the
conflict and meeting 4. The mediator helps the parties evaluate these options.
with each party
5. The mediator guides and accompanies the parties when they have identified
the best options to satisfy their needs and reach a win-win formula.
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Mediation Conflict Resolution.indd 47 8/19/16 4:47 PM
Key competencies for mediators
The following required core competencies are relevant to mediators in different settings and contexts and help
to ensure that they possess the necessary skills and attitudes to carry out mediation processes effectively and
constructively. Such core competencies help parties to manage their conflicts constructively and reach
mutually acceptable solutions. Therefore, the mediator must possess the ability to: Constructively manage
relationships between the parties
Developing empathy can allow us to: a) See beyond our own actions, feelings and motivations and b) Imagine
what others might be feeling and how their views and opinions may be different. These factors directly
influence the process or situation in which we find ourselves. In this sense, and in relation to the Gibbs
diagram that we present below, reflective practice evolves through a circuit that implies:
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• A mental description of what happened or what is happening
• Our feelings about what we are thinking after the process/situation or during the process/situation
• An evaluation of the good and bad of the experience
• An analysis of our interpretation of the situation
• A conclusion about what we could have done differently
• An action plan that allows us to think about what we would do if a similar situation occurs again
a) Effective communication
The following tips can help you actively listen in order to achieve effective communication:
• Don't talk or interrupt, don't take over the other person's conversation, and don't complete the other
person's ideas.
Below are several tips related to effective communication and facilitation skills that the transformative mediator
needs to acquire and apply during the mediation process.
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• Wait for the person to finish and ask questions, if necessary, to clarify or paraphrase what you have
heard to make sure you and the speaker understand the same thing.
• Prepare to listen by relaxing and focusing on what the person speaking is saying.
• Help the person speak freely by tilting your head or using other gestures to encourage them to
continue, always maintaining eye contact to show your interest in the message.
• Try to listen to the ideas and not just the words. It is important to understand the whole picture and not
just the isolated pieces. Perhaps one of the most difficult aspects of active listening is putting together
the pieces of information you hear to reveal the broader ideas behind the information shared by the
other person.
• Wait and be attentive to non-verbal communication. All gestures, facial expressions and eye
movements can be important. Therefore, listen not only with your ears, but also with your eyes.
• Be aware of other people's emotions.
• Consider the emotional effect of what you are saying and communicate within the norms of behavior
acceptable to the other person.
• Be understanding when the other person talks about their misfortunes.
• Ask questions of the person speaking in case you need further clarification. Can:
o Paraphrase what the other person said, that is, express the same idea with other words
o Ask open questions, that is, questions that begin with the words how?, what?, when?, where?
or why? and they don't simply result in a yes or no answer so people answer your question
in their own words.
o Rephrase what the person tells you. Some examples of reformulation are
following:
- It sounds like you are not happy with...
- I hear your frustration regarding…
- Help me understand...
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- So, if I understand you correctly...
- What I hear you say is that...
• Don't doodle, don't play with your papers, don't look out the window, don't clean your nails, and don't
interrupt the person unnecessarily, as these actions prevent you from actively listening and send
negative messages to the person who is speaking.
• Do not make assumptions or presuppositions and remain open in order to capture the other person's
perspectives as completely and accurately as possible.
b) Strengthening facilitation skills
For facilitation to be successful, the facilitator must help the parties involved in this process improve their
communication while providing them with a structure that allows them to collaborate constructively so that they
can achieve the objectives established for the process. . The following tips can help mediators strengthen their
skills and improve their effectiveness:
• Prepare yourself mentally and physically before you ease. It is important to be well rested in order to
maintain concentration and a constructive disposition during the process and thus contribute to
achieving a successful result.
• Make sure you have a suitable environment, that is, a suitable, well-lit space with tables and seating
for small group work.
• Make sure the expected results are clear by presenting them to the parties at the beginning of the
session and obtaining their approval.
• Clarify the parties' expectations by asking them to share your hopes and concerns.
• Develop ground rules for how the parties should behave and treat others during the process (for
example, see the underlined ground rules in Annex B).
• Establish and build trust with parties through respect, honesty, sensitivity, empathy and transparency
when communicating with them.
• Maintain a high level of energy among participants by proposing participatory activities and asking
questions that force them to reflect or summarizing what has been said while remaining neutral.
• Focus all your energy on the parts and fully commit to helping them achieve the best result.
• Manage the active participation of different parties by remaining attentive to possible differences in
communication styles between parties and inviting more silent participants to contribute, asking them
for their views on the topic being discussed.
• Make sure everyone feels welcome, valued and appreciated.
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• Adapt your facilitation style according to the needs of the parties. Although a directive style in facilitation
is not always recommended, it is sometimes necessary to direct or keep the parties on the right path.
• Recognize appropriate attitudes and behaviors by helping the parties advance the dialogue on the ideas
and suggestions of the other participants with the comments, questions and reflections that you
formulate about the dynamics of the group.
• Challenge repeated negative statements by asking positive questions of the people who make these
negative statements.
• Evaluate the effectiveness of the process by asking the parties for their views at appropriate times.
• Remain without prejudices or biases, eliminate any preconceived ideas or beliefs and perceive the
situation from other people's perspective.
• Offer your personal point of view clearly and honestly to avoid confusion. Keep in mind that other people
may not want to discuss some topics because they are taboo or too emotionally stressful.
• Avoid saying the first thing that comes to mind and pay close attention to what you say and how you say
it.
• Be aware of the non-verbal messages you are sending and that the parties may be sending. These non-
verbal messages may include, for example, eye contact or lack of eye contact, tone of voice, gestures,
facial expression, or body language (e.g., tightly crossed legs and arms).
• Pay special attention to differences in culture, past experiences, attitudes and skills.
• Treat people equally.
• Talk to other people without being condescending.
• Smile a lot, unless the circumstances (for example, if the parties recount their misfortunes) require a
more serious and empathetic look.
• Always maintain a positive attitude.
Combine today's different exercises (planning, skill development) to formulate your own mediation
process
52
• The use of language techniques, active listening and facilitation should be practiced through role plays.
Break
Key competencies for the mediator and Highlight the fundamental qualities of
Facilitators
reflective practice the mediator and their capacity for
self-reflection throughout the process
Lunch
Break
Summary and closing of the second day Facilitators Systematization of what was learned
Module III
Establishing a mediation system in the
related to school
Goals
General
• Capture the learning and practice of mediation through the design and implementation of a mediation
system applied to the school environment of the Dominican Republic.
Specific
• Provide workshop participants with a training plan that supports the replication and implementation of
mediation workshops in different educational centers in the country.
• Train participants in the design and establishment of a mediation process in their respective centers
that includes the designation of the coordinator, work plan, resources and other elements to ensure its
sustainability
• Introduce the participant to peer mediation, methodologies and techniques used under this model
Training plan
Mediation workshops are collective learning spaces that combine theory and practice around this topic. The
guide that we present below presents the basic principles and elements in logistical and administrative terms
for the execution of workshops with staff (teaching and administrative) and students from the educational
sector in the Dominican Republic. This guide describes the logistical and administrative protocol to follow
during the different stages present in the training workshops: initial or prior preparation stage, the organization
and execution of workshops at the center and finally and its evaluation after the execution of said events. .
The workshops must be conducted with dynamism and great attention to details in order to facilitate fluidity in
the exchange of knowledge and experiences between facilitators and
59
For a detailed description of the characteristics of the team in charge of mediation and training, see Annex C-
1. The details relating to the planning of the workshops suggested in the LOGISTICAL-ADMINISTRATIVE
GUIDE FOR THE PREPARATION OF MEDIATION TRAINING WORKSHOPS (Annex C) and a list of the
various components.
3) Selection of participants based on the decisions of the Directorate of Guidance and Psychology of the
MINERD.
a. Venue selection: This must be suitable as a space according to the number of participants, with a
favorable atmosphere and the minimum necessary furniture.
b. Teaching materials: A list of the necessary materials to be used by workshop participants must be
prepared.
c. Technological equipment: The use of a computer and a projector greatly facilitates the process of
knowledge transfer, since by using audio-visual means the participants feel more motivated to
learn, they remember and associate what they have learned and, therefore, they will find
themselves in greater ability to reproduce what has been learned in the future.
d. Didactic material for the execution of group dynamics: Depending on the group exercises that are
programmed, the use of didactic material (such as sheets, ball of thread, among others) will be
necessary to facilitate group interaction and cohesion. Several group exercises are included in the
training manual to help with this task.
and.
Agenda: The agenda is the way to follow in training, therefore its formulation deserves special
attention. By way of illustration, the proposed agenda for the training workshops presents the
outline and essential elements for its formulation (see example of the agenda that accompanies
the end of each thematic module in this manual).
Call: The call constitutes the first impression about the workshop and the institutions that call it,
therefore it is vitally important to dedicate time and effort to it so that it has quality.
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g. The workshop implementation phase: Responsible: instructor/facilitator and logistical assistant.
The beginning phase of the workshop is one of the most important, as it will set the tone to follow
for the rest of the day.
4) Closing and evaluation phase: In the closing phase, the technical team summarizes the main contents
learned. It is advisable to carry out this short synopsis at the end of each training day, as this way the
participants carry in their minds the key ideas that will be reinforced in the following days. Regarding
evaluation, it is recommended to carry out daily evaluations at the end of each day in order to detect
weaknesses, strengthen positive aspects or avoid repeating errors in the next day.
• Select and integrate a core group of adults within the school community who will be trained to help
carry out the mediation program:
o Ensure that the members of the core group are psychologists, coordinators, counselors,
teachers, etc.
• The procedure that they are committed to having the necessary training, developing their skills
and willing to facilitate mediation sessions and serve as mentors to other new facilitators and
mediators
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3. Describe the profile or profiles for coordinators, their responsibilities, functions and tasks to:
4. Mediator training
• Train the core group (task to be carried out by the Mediation Program Coordinator in consultation
with relevant leaders and interested parties)
• Establish a system to carry out the mediation program (included in the final facilitator training
report, which details the steps necessary to carry out the start-up phase and its entire
implementation)
• Describe policies and procedures
• Describe and establish the mediation process
• Describe the protocol for requesting mediation
• Provide information sessions to the population (for example, teachers, students, administration
staff, other stakeholders and parents)
• Establish a protocol for the organization of mediations that includes different logistical and
administrative aspects
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Conflict Resolution.indd 62
7. Start full implementation: This, in addition to the elements mentioned for the initial phase, must
also:
Learning and promoting a peer mediation model between children and young people will allow them to
become conflict solvers, both for those they encounter in the school environment and those present in their
communities and families, thus contributing to the establishment of a culture of peace.
Peer mediators do not “make decisions,” but rather work to obtain from the parties a solution that favors both
parties (win-win) to prevent the recurrence of conflicts in the future. It is also suggested that administrators in
charge of discipline incorporate this conflict resolution process into their action strategies.
It is important to keep in mind what is stipulated by the Standards of the Dominican Educational System for
Harmonious Coexistence in Public and Private Educational Centers (2013) and the protocols that are being
developed for its operation. These constitute the reference framework at the country level on what could or
could not be subject to mediation.
In the case of major problems and conflicts such as: sexual abuse, assault, suicide, drug use, possession of
weapons and those that involve legal problems, which occur between students, teachers, administrators and
other people within the school context , should be referred to the appropriate professional (police or judicial
system), as they are not appropriate to be dealt with through peer mediation.
• Launch a training program in peer mediation to train students, as well as some members of the school staff,
who will participate in the peer mediation team in aspects related to:
3 For a more detailed explanation of the typology of absences incurred by students in schools in the Dominican Republic, refer to:
Ministry of Education of the Dominican Republic, 2013. Standards of the Dominican Educational System for Harmonious
Coexistence in Public and Private Educational Centers. Duarte House: Santo Domingo, DR.
65
■ The strategies behind the mediation processes and the different stages and steps
■ Key mediation techniques related to effective communication and problem solving and
• Launch, from the beginning, a strong and committed team selected by the people in the management of the
Conflict Resolution Mediation.indd 73 (• 8/19/16 4:47 PM
school or school system who are in charge of ensuring a culture of peace. This equipment must include:
■ A Peer Mediation Program Coordinator , who is a respected and constructive leader who can maintain
effective liaison with different groups, for example, with the peer mediation team, students, teachers,
administrators, parent groups and external interest groups. The main responsibilities of the Peer Mediation
Program Coordinator (with the support of other team members) include:
o Ensure, with the support of the school administration or school system, that all school personnel are
trained in mediation
o Develop a group of adults in the school community who can model the mediation program
o Promote acceptance of the program and manage resistance to it proactively and positively
o Participate in mediation training activities and ensure that all mediators are well trained
o Evaluate the impact of the program, in collaboration with some students and school staff members
o Produce regular reports through newsletters or websites on the results of the peer mediation
program to school or school system leaders, the school community, school-related communities,
parents or other interested parties.
■ A group of peer mediators, who must be selected from a diverse group of students and must be well
trained as mediators so that they can effectively carry out sessions with other students. Peer mediators
should be closely monitored to ensure that they have the level of maturity and experience necessary to
mediate. Your training should include basic conflict resolution, mediation role playing, problem solving,
active listening, sensitivity to cultural differences, and developing empathy. In this context:
o Aspiring mediators must reflect the diversity of the school with respect to culture, gender, behavior,
academic levels, social group and race
o The procedures and process for selecting mediators must be made public
o Mediators must be fully committed to the ongoing development of skills and must be willing to co-
facilitate sessions and mentor new mediators.
■ Trustworthy teachers who have received mediation training . They must be committed and have the
necessary skills to be able to contribute positively to the program and must model a culture of peace in
their classrooms, schools, school system and their communities. Based on the principles of peer
mediation, this team must:
o Communicate the vision for the peer mediation program in the school or school system, in related communities and among parents,
and educate different stakeholders about the peer mediation program and the expected results . This socialization of the program
should provide interested persons with an overview of the program, the role of the peer mediation program team, the training that
will be provided, the procedures for mediation sessions and program monitoring, and impact evaluation.
o Ensure the commitment and support of the school administration and reach agreements with all groups in the school or school
system to comply with the basic principles of mediation and conflict resolution
o Help prepare meetings, practice mediation and conduct studies on school violence, its causes and techniques for proactive violence
prevention
o Commit long-term to supporting the school or school system's goals of promoting a culture of peace.
Peer mediators
The selection of peer mediators must reflect the cultural, social and gender diversity present in the schools where the program will be
implemented. These must be continually trained and supervised, as they often lack maturity and experience, both in conflict management and
in the skills necessary for negotiation.
• The mediator must ensure that there is no conflict between his or her interests and the problem to be
• Ask the parties if they have any questions or need clarification about the process before
68
• The role of the mediator should be explained, emphasizing the need to use active listening and communication skills to help the parties
identify the problem and find solutions.
Step #2: Establishing the rules of coexistence: The mediator asks the parties:
• Initiate dialogue with the parties on the establishment of basic rules of coexistence that imply, among other elements, being sincere,
listening respectfully to each other without interrupting, etc.
Step #3: Define the problem, issues and needs underlying the conflict while the mediator:
• Asks the parties:
Take turns telling your story about the conflict to the mediator to focus on the issues and not on finding blame. The other
party should focus on actively listening, without interrupting
Have each repeat the other's story convincingly to show that they understand the other's position (although they do not
necessarily agree with it)
• A summary of the facts and feelings of both sides is made for verification and agreement on the issues to be discussed; leads the
discussion on the topics mentioned and recognizes the difficulty of dealing with emotional baggage
• Ask both parties to mention if they can think of any solutions, starting a brainstorming session. It is very important not to judge what is
suggested by the participants, since it is in the development of their creativity where possible resolution options arise.
• Positively acknowledges all suggestions made by the parties
Step #4: Resolve the problem and address the underlying causes and needs of the conflict:
In this phase the mediator:
• Have a conversation about suggested solutions and create a list of what both parties can agree to.
• Asks the parties:
- Determine the consequences of each solution - Select the best alternative to each solution - Select the solutions that lead to the
best possible outcome for both parties
• The mediator verifies the verbal agreement of all parties with the chosen solution, thus ensuring that no one presents resistance, is
afraid to state their position or feels excluded from the process.
Step #5: Writing and finalizing the mediation agreement and developing a follow-up process. At this stage the
mediator:
• Formulates a mutually acceptable agreement in the parties' own words
• Asks the parties to review the agreement and provide any comments or suggestions they may have.
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Mediation Conflict Resolution.indd 69
have
• Ask each party to sign the agreement
• Work with parties to develop a follow-up process
• Verifies that the parties are committed to putting the agreement into practice and its monitoring
• Ensures that the parties have a copy of the agreement and monitoring plan
• Congratulates the parties for reaching this stage and choosing the mediation service
• The other mediator is thanked for their contribution to the process in cases where you work with a co-mediator
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Hold a plenary session to discuss the challenges and opportunities of applying this model in the school environment in the
Dominican Republic.
At the end of this section, form small groups with participants and ask them to take 15 minutes to discuss how to promote a culture of peace based
on the local context. Some of the questions to be considered to guide the discussion are:
1)
2)
Administrator selection
Definition of objectives (for example):
- Share and promote knowledge
- Consultation source (virtual or other options)
- Exchange of information and learning resources
70
The task of training and maintaining the network must be in charge of the Mediation Program Coordinator
Goals:
designated
1. Train by theinMINERD.
participants the design and implementation of mediation workshops in their respective educational
centers.
2. Train participants in the design and establishment of a mediation system in their respective centers that
includes the designation of the coordinator, work plan, resources and other elements to ensure its
sustainability.
3. Introduce peer mediation using mediation methodologies and techniques to participants. DIARY
Facilitators/
participants/
Welcome to participants/inputs on the
second day of training/check of
objectives and expectations for this
day/logistical announcements
Break
7
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Video about mediation Facilitators /
peers participants Common learning
Lunch
Facilitators
Plenary visualization exercise on how
Practical application
to build a culture of peace in schools /participants
Break
Group Dynamics 1
Introductory exercise: “The Animals of the Jungle” (suggested duration: 15-20 minutes)
This exercise is done to allow participants to get to know each other based on something in common, in this case the jungle animal that is their favorite. It is
especially useful when working with large groups (more than 20 people), as it allows participants to introduce another member of their “species” in a less
formal and jovial environment. It is important to have an introductory dynamic that arouses the interest of the participants, as this will contribute not only to
having a good start to the training, but also to setting the tone of communication during the rest of the training day.
Four species of jungle animals (tiger, monkey, elephant, giraffe) are placed on a flipchart or blackboard and participants are asked to choose from among
these the animal with which they most identify. Four groups will thus be formed. Within each group, each participant will choose a person who they will later
describe to the rest of the audience with two words or a phrase that describes them. After this part is finished (suggested duration 5 minutes) the
presentation of the person who was known to the entire audience proceeds.
Group Dynamics 2
Conflict mapping (scenarios) (suggested duration: 30-45 minutes)
Conflict mapping is a basic tool to understand what is really happening between the parties, that is, the underlying causes of it, which are often not
expressed expressly or during the negotiation. It is vital to have a prior understanding of the conflict through mapping before carrying out mediation, since
the success of the mediation process largely depends on this.
Working based on scenarios 1, 2 or 3 (which we present below), the participants divided into groups of 4-6 people must identify the following elements
present in the conflicts raised, or scenarios.
It is very important during the development of this exercise that the participants have a clear idea and know how to differentiate between: positions, interests
and needs that the parties in conflict do not always express. However, these elements are critical for reaching agreements (see Glossary in Annex L).
SCENARIO 1:
It's a rainy day, the sun can barely be seen. Plus, the air is horrible, you can tell there's still a long way to go until summer. At the Santa María del Camino
school in Villa Linda, east of Sabana de la Mar, teacher Elenita wonders what to do with the children since snack time is approaching and, most likely, they
will have to stay in Classroom.
Everything happens normally, the girls are in a corner of the class looking at the drawings of the princesses from the book that Juanita brought. In the other
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corner of the class the atmosphere is more agitated, Pedro is accusing Luis of having taken his lunchbox. Suddenly they start insulting each other and
accusing each other. As if nothing happened, Professor Elenita approaches them and, instead of diminishing the situation, encourages them to continue
confronting each other. He especially encourages children not to stop insulting each other.
The news reaches the school supervisor, who indignantly goes to the classroom and threatens the teacher with suspension.
SCENARIO 2:
The Teacher's Day celebrations are being a success at the Patria Nueva School in the town of Río Frío in Sierra Nevada. After a week of many events, a
big surprise is being prepared for the last day for all the teaching staff. Even the management representatives of the entire municipality have been invited.
For this event, two teachers have been randomly designated; one is Professor Margarita and the other is Professor Martin. Both are immersed in all the
preparations. There's barely any time left, but they're excited. The first thing they did was reserve the school's teachers' lounge , it is the brightest and
largest of all and is also very well decorated. To do this, they have filled out the “reservation request” according to the School's protocol and have given it to
the coordinator of the teaching team. But to their surprise the request has been automatically denied.
Professor Margarita and Professor Martin have gone to the coordinator's office to express their discomfort and to find out why that room cannot be used for
one of the most important events of the school year. The coordinator receives them and the first thing he tells them is that he barely has time for this
meeting, that the rules are the rules and that this room is only and exclusively used for academic training events and teacher training, since it is perfectly
equipped for it.
SCENARIO 3:
At the Martínez Montañez Private School Center we are experiencing a few days of great discomfort. A week ago, director Juan Bonilla sent another
communication to the mother of a student in which he informed the mother about the debt she owed for several unpaid monthly installments and that she
had to find solutions to enter into a payment agreement. Despite this situation, the boy Rafael continues to attend the center, however the news about his
situation has spread through the school hallways and has generated several rumors.
For her part, the mother has already spoken several times with the director saying that she is going through a very difficult financial situation. The director
has already told the mother several times that he cannot do anything, that private schools have many expenses that are covered with the students' fees.
Upon receiving this new communication, the mother went to the Children and Adolescents Court, and this Court has referred her to the Ministry of
Education to voluntarily request a mediation process with the school. The director is currently meeting with the center coordinator because the Ministry of
Education has called to request a mediation process.
Group Dynamics 3
Identifying the different types of violence (suggested duration: 15-20 minutes)
Using the previous conflict mapping, form groups of 4-6 participants to discuss the following questions. The objective of this exercise is for participants to
identify the different forms of violence present in their daily lives.
Are there attitudes and behaviors that reinforce the use of violence?
What type?
3) Reflect with the participants on what type of mediator would be most appropriate to function in the Dominican cultural context.
Group Dynamics 5
Structuring a mediation (suggested duration: 45 minutes)
Using what was stated in the section “Planning a mediation” (page 42), develop the actions proposed in the
box (with the exception of points 6 and 7 to be developed in the following group dynamic) to plan a mediation.
Additionally, use the logistical elements mentioned in the Logistics-Administrative Guide (Annex C), plan a
mediation session using scenarios 1, 2 or 3 (and which are part of Group Dynamics #2).
Likewise, proceed with the preparation of the agenda for the mediation process, developing the following
components:
1. Date
2. Place
3. Introduction of the parties and the mediator
4. Objective of mediation
5. Voluntary acceptance of the process (participation agreement – Annex H-1), p.67
6. Problem definition phase (needs) for each party (p.32)
7. Resolution phase: options and solution (p.33)
8. Subscription of the final agreement (p.33) - (example of agreement on p.68)
9. Implementation (how to put agreements into practice)
10. Closing phase: Process evaluation
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Conflict Resolution.indd 86
Group Dynamics 6
Designing a mediation process and conducting role plays (suggested duration: 60 90 minutes)
Based on the elements of Group Dynamics #5 that we have done to help you practice: a) How to plan a
mediation and b) How to conduct a mediation session, divide the number of participants who attend the
training sessions in mediation in groups of 4-6 people where:
- The use of language techniques, active listening and facilitation should be practiced through role
plays.
- Combine today's different exercises (planning, skill development) to formulate your own mediation
process
The suggested duration for this exercise is approximately 60 minutes. The fundamental idea is that all
participants, using scenarios 1, 2 or 3 worked on in the previous dynamic, proceed to allocate 5-10 minutes to
embody each of the roles established in a mediation (mediator, part A, part B, narrator and observer).
This exercise is important to identify the main challenges and opportunities that can be found in the replication
of the different phases of the training process. Participants must:
1) Define the level at which they will work (center, district, regional, national)
2) Identify the challenges and opportunities at this level that the implementation of the training plan in its
different phases would present. The section below suggests some of the components to consider in
each phase of training execution. Participants should be encouraged to make suggestions that come
from their own experience and that respond to the reality experienced in their educational centers or
workplaces.
3) The matrix presented at the end of this section can be used to facilitate the visualization of the
information, both by level and by training phase.
PRELIMINARY PHASE
■ Food : The cost of food for the participants represents a financial amount
EXECUTION PHASE
FEEDBACK TRAINING PLAN
This phase is very important, as it sets the tone to follow for the rest of the day. It is necessary to do it
methodically
GROUP No. and following the order set out LEVEL
SELECTED in the agenda. For the construction/reproduction of content, the
PRELIMINARY PREPARATION
following is used: PHASE
OPPORTUNITIES
■ The Facilitator/Mediator Training Manual containing three introductory modules on:
CHALLENGES
EVALUATION AND CLOSURE PHASE
In this phase, the technical team summarizes the main contents learned and evaluates through different tools
whether or not the set objectives were achieved:
• Pre-test and post-test: Helps us visualize the level of knowledge prior to/after completing the
workshop FEEDBACK TRAINING PLAN
• No.
GROUP Manual feedback form SELECTED LEVEL
EXECUTION PHASE
FOLLOW-UP OF THE TRAINING EXPERIENCE
OPPORTUNITIES
• Monitoring and evaluation of the training replication (accompaniment of trainers)
CHALLENGES
OTHER COMMENTS
FEEDBACK TRAINING PLAN
OPPORTUNITIES
CHALLENGES
OTHER COMMENTS
Group Dynamics 8
The Tree of Peace (Suggested duration: 20-30 minutes)
The purpose of this dynamic is for participants to internalize that peacebuilding is an everyday task for everyone. It is intended that, through the
identification of actions, behaviors and ways of communicating/relating on a daily basis (professionally and personally), people can promote the construction
of a more harmonious, fair and equitable environment for everyone. the members of society.
Three sheets of paper (green or various colors) are distributed to each participant. In these they must write down three personal commitments in the
following areas: communication, action and behavior.
The trunk of a tree and three main branches are drawn on the wall or flipchart (which correspond to these areas: communication,
actions, behaviors). The participants proceed to share their commitments with the audience and paste the leaves on the tree under the
corresponding category. Below is an example to illustrate this dynamic.
ANNEX B
Establishing the rules of coexistence - framing
Establishing rules of coexistence is of vital importance to achieve the goals set in the workshop and ensure
that participants act as a team and work collaboratively. These rules serve to frame the tone of the sessions,
therefore they must be developed participatively at the beginning of the workshop and reinforced by the
instructor and by the participants throughout the training. They must be printed or visible throughout the day.
In its formulation it will be important to take into account two criteria:
• What are the expectations and expected results of this training? How to achieve them?
• How do we communicate?
• How will decisions be made?
• How will we handle disagreements?
• How is respect for others conceived?
• How will we manage time?
Good time management is essential to be able to successfully achieve the objectives set, therefore the use of
various resources is recommended to optimize it. For example, some facilitators use a whistle, time cards, or
paddles for better visualization. For example:
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ANNEX C
Logistical-administrative guide for the preparation of mediation training workshops
Mediation workshops are collective learning spaces that combine theory and practice around this topic. The
guide that we present below contains the basic principles and elements in logistical and administrative terms
for the execution of workshops with staff (teaching and administrative) and students from the educational
sector in the Dominican Republic. This guide describes the logistical and administrative protocol to follow
during the different stages present in the training workshops: the initial or prior preparation stage, the
organization and execution of on-site workshops and, finally, their evaluation after the execution of said
workshops. events.
The workshops must be conducted with dynamism and great attention to details in order to facilitate fluidity in
the exchange of knowledge and experiences between facilitators and participants, thus favoring creativity and
the search for valid alternative solutions to the problems that arise. present and, at the same time, successfully
achieve the goals set. Hence the importance of forming a good technical team for training that is responsible
for the planning, design, execution (conduction and moderation of sessions) and evaluation of the workshops.
The duration of a workshop and the number of participants will depend on several criteria, especially the need
to deepen and extend the training topic. Thus, for the training of a maximum of 15 participants, it is
recommended that the technical team be made up of: a) A trainer trained in the subject of mediation and
b) A rapporteur, who would be in charge of writing the aide-memoire of the training sessions, recording in
writing the input received and carrying out some administrative or logistical tasks during the prior preparation
phase.
For a detailed description of the characteristics of the team in charge of mediation and training, see Annex C-
1.
Pre-preparation phase
Responsible: Instructor/facilitator and logistical assistant
Once the contents to be taught in the workshop have been established (see Training Manual for Facilitators),
the facilitator or facilitators must carry out both logistical and administrative tasks necessary so that the
participants in the workshop can connect and take ownership of the learning process. . Such tasks involve the
execution of coordination, communication, and systematization tasks of the information received.
90
others, which must be considered at the time. to carry out logistics planning. Seeking sponsorships and
donations can help pay for some of the items mentioned above.
Selection of participants : The MINERD Guidance and Psychology Directorate is the entity responsible for
selecting the suitable personnel (administrative and teaching) to participate in the mediation workshops. In the
future, it is hoped that the facilitators trained in the initial phase of the project will be the ones who contribute
their criteria to the selection of qualified students who belong to each of their educational centers. The
parameters for the selection of these people appear in Annex C-1.
Venue selection : There are several criteria for selecting a venue for holding workshops, among the most
important are: the number of participants, weather conditions, infrastructure facilities and budget, among
others. Therefore, it is advisable to do a cost-benefit balance so that the selected location meets most of the
criteria specified below. Additionally, it is important to make a previous visit to the place before the training to
be able to plan or correct any unforeseen events.
Some of the important parameters for selecting the training location are:
• A large room that facilitates group work and has facilities such as: electricity, adequate temperature,
necessary technical equipment.
• That it has comfortable and mobile work tables and seats, since it will be necessary to move them
according to group dynamics.
Teaching materials : A list of materials to be used by workshop participants must be prepared and quoted (if
applicable). This list of materials must include at least:
• One note book per participant
• One pen per participant
• Flipcharts (minimum two)
• Permanent markers of different colors (blue, red, green, black)
• Labels to write names
• wall adhesive tape
• Stapler and clips
• Paper for printing and photocopying
• Folders to store material, photocopies, etc. (one per participant)
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Technological equipment : The use of a computer and a projector greatly facilitates the process of
knowledge transfer, since by using audiovisual means the participants feel more motivated to learn, they
remember and associate what they have learned and, therefore, they will be in a greater capacity to reproduce
what was learned in the future. Other equipment to use, depending on the size of the audience, is a
microphone, a speaker, and a camera to record the day.
Didactic material for the execution of group dynamics : Depending on the group exercises that are
programmed, the use of didactic material (such as sheets, ball of thread, among others) will be necessary to
facilitate group interaction and cohesion. Several group exercises are included in the Training Manual to help
with this task.
Agenda : The agenda is the way to go in training. Therefore, it is of utmost importance to build it
participatively, that is, after preparing an initial draft, the agenda is circulated among the participants the week
before the workshop so that they can provide input for it, make comments, suggest ideas, etc This can be
accompanied by a map of the location of the event, information on transportation, accommodation, etc.
The agenda that is worked on on the day of the workshop must already have incorporated the input and
comments provided by the participants and it is the facilitator's fundamental task to reinforce its strict
compliance during the day of the event. It should be designed to encourage better assimilation of knowledge.
In this sense, the agenda must include learning sessions of a maximum of 90 minutes, followed by several
breaks (10 to 15 minutes) throughout the day to allow participants a period of rest and socialization of the
content learned. . It is important to take into account that the most productive sessions in terms of attention
and focus are those carried out in the morning. It is recommended to carry out practical sessions or group
dynamics in the afternoon, when productivity in terms of participants' attention decreases. The agenda used in
the training workshop serves as an example for subsequent development.
Food : The cost of food for participants represents a high financial amount in many of the trainings, however it
is important to consider that, if active participation of attendees is expected, these expenses must be partially
covered. If sponsorship is not available to cover food, an option to reduce the cost may be to provide several
breaks during the day (with coffee/tea, water and cookies) leaving participants the option of bringing their own
food or going out for lunch. In this latter scenario, it may be a challenge to gather participants in time to start
Call : The call constitutes the first impression about the workshop and the institutions that call it, therefore
it is vitally important to dedicate time and effort to it so that it has
92
The beginning phase of the workshop is one of the most important, as it will set the tone to follow for the rest of the day. The technical
team must arrive in advance (at least one hour) to ensure that the facilities and technical equipment meet the agreed criteria. It is
important to follow the following steps to start the training in an orderly manner:
• Welcome participants
• Clearly communicate the objectives and goals of the workshop, as well as the expectations expected of participants in terms of
learning
• Present the agenda in detail, providing a clear overview of what will happen in each session and on the day
• Presentation of the participants
• Establishment of the rules of coexistence that will govern the relationships and interventions of the participants during the
workshop. These must be built in a participatory manner so that the participants take ownership of them and reinforce their
compliance. See Annex B about its preparation
• Briefly explain the methodological approach, that is, the principles and methodologies of participatory learning and shared
responsibility in learning
• Check the learning expectations and fears of the participants
• Other (may include questions about logistics, contact information, etc.)
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following days. This synthesis must be built participatively, since in this way the group reviews the work carried out, the progress and results
achieved.
• Establishment of commitments: Since a training workshop is a specific process within a larger dynamic, it is important that the instructor
and the participants manage to establish commitments that promote the continuity of the training outside the work classroom. This
element is of utmost importance for monitoring the future training initiative and for the development of new training. Timely and
responsible commitments must be established to achieve them.
• Closing: The closing of the workshop usually involves the delivery of certificates to the participants. The preparation of certificates of
participation in the workshops is important, since it gives the participant proof of having attended the workshop and contributed with their
knowledge to its success. In addition to the elements specified in the call, this certificate must contain:
V The name of the person to whom it is granted
V The signatures of the facilitators and responsible institutions
Evaluation : Depending on the duration of the workshops, it is recommended to carry out daily evaluations at the end of each day in order to
detect shortcomings, strengthen positive aspects or prevent errors from being repeated on the next day. If the workshop lasts only one day,
then the Evaluation Sheet (see Annex N) must be delivered once the training has finished so that the participants can provide their input on
the learning process, on the teaching team and on what they have learned.
ANNEX C-1
Profile required for the selection of facilitators/mediators
Desired requirements:
On a technical level:
- Verbal and written communication skills that allow you to direct mediation sessions, as well as report their results,
provide feedback to the parties on agreements reached and carry out evaluations of the process
- Possess a good sociocultural understanding of the environment where it will be mediated ( ie what is socially
accepted and what is not, the existing power relations, social orders, gender roles, among other elements on
whose understanding the success or otherwise of the mediation processes will largely depend)
- Good capacity for analysis and systematization (which will allow you to carry out the mediation fluidly and
systematize the agreements reached)
- Excellent ability to listen to others
- Excellent observation and reflection skills (to evaluate the parties during the negotiation and be careful that their
own evaluations and emotions do not get involved in the process)
- Good time management (both in terms of punctuality and accompaniment of the mediation process to achieve
results)
On a human level:
- Willingness and commitment to support mediation processes in the educational center corresponding to the
medium and long term
- Excellent ability to handle oneself with discretion and confidentiality
- Good ability to establish an environment of trust that encourages the parties to get involved in the mediation
process
- Good for teamwork
- Vocation of learning.
- Innovation assessment
- Enjoy credibility and legitimacy at the local level (in order to avoid perceptions of favoritism, prior commitments to
certain actors or other factors that may influence the success of a mediation)
- Good emotional management that allows you to deal with negative emotions (such as frustration and anger),
process stagnation, etc.
- Flexibility in the face of change
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ANNEX D
Perspectives on mediation
• Facilitative mediation is a process in which the mediator helps the parties reach a mutually acceptable solution by
asking questions, assisting the parties to understand the other's point of view and interests, searching for and analyzing
options for the resolution while remaining impartial. This type of mediator facilitates the process only when the parties are
in charge of the results, relying on the development of a structured process to help the parties reach mutually acceptable
solutions.
• Mediation is not a strictly structured model. It is anchored in the empowerment of each of the parties by the mediator,
who also facilitates a better understanding of the interests, values, perceptions, attitudes, and needs of the participants.
Throughout the process, the transformative mediator guides the parties in such a way that they can carry out
transformations in the scope of the relationships they establish, their vision of the other and how they conceive the conflict
in order to formulate solutions. Throughout the process the transformative mediator guides the parties in a way that can
help transform their relationships so that they can find more peaceful ways to interact in the future.
• Narrative mediation focuses less on negotiation and more on the way the parties involved in a conflict understand and
perceive their world. Through the narration of different events related to the conflict and attributing meaning to them, the
parties engage in a construction of their own reality while making sense of the problems, perceptions, points of view and
values of others. Narrative mediators help the parties develop the trust and cooperation necessary to achieve change not
only at the discursive level, but also in the way they view and act in the face of a conflict.
• Structured mediation occurs primarily in the legal field and is a formally controlled process operated by a mediator who
operates based on the ethic of neutrality. This type of mediation is mainly applied in family conflicts, such as divorces,
where the parties meet to discuss issues related to the division of property, alimony, support, custody and visitation rights
of minor children. Generally, in this type of mediation, lawyers for the parties intervene to help them with aspects related
to the law.
• Evaluative mediation is a process in which the evaluative mediator, primarily concerned with the parties' legal rights
96
rather than their needs and interests, helps them identify weak areas in their respective cases. During the process, the
mediator also guides the parties about the possible decisions of the judge hearing the case and what the possible
scenarios would be if the case went to court. The evaluative mediator also presents the parties with various resolution
options.
Below the reader will find a brief description of the most common types of mediation:
• Peer mediation is a conflict resolution process by youth for youth in which two or more students meet in a private,
safe and confidential environment to jointly address the underlying causes of the conflict with the help of a student
trained in mediation techniques. In this context, peer mediation fosters positive communication skills that allow young
people to talk about their problems, practice active listening, problem solving and conflict management. When
implemented constructively and effectively, peer mediation helps reduce bullying among students and provides a
positive and understanding environment where young people have the ability to resolve their conflicts themselves
using their peers as mediators. . In schools where peer mediation has been implemented constructively there is
generally a safer and more cooperative environment within related communities.
• Labor and organizational mediation offers people who work within an organization a better way to resolve their
conflicts compared to court litigation or inaction. For these types of mediation to be successful, it is essential that the
organization's managers understand their value and benefits to implement an effective and neutral mediation system.
Individuals interacting in these spheres also need to take steps to make mediation effective, beneficial, and credible,
while working together to maintain constructive relationships and learn how to deal with future conflicts.
• Family mediation helps families deal with their problems, while maintaining constructive relationships and learning
how to deal with future conflicts in a positive way. This type of mediation is more conducive to dealing with family
conflicts than judicial processes and litigation. This is because judicial processes apply the law and often it does not
favor all parties and generally does not take into account the future of family relationships.
• Community mediation promotes 'constructive communities', as it teaches the parties involved in a conflict how to address it positively.
This type of mediation
ANNEX F
ANNEX
Types of mediators and their roles
G Process Map for the Implementation of Conflict Resolution Spaces and
There are several types of mediators as mediationPeace Building
processes, sinceinthese
the School Environment
are strictly (Critical
related to the contextPath)
and cultural practices of a given society, as
follows:
= Task Grouping
The independent mediator (North American model) = Group Task
- It is neutral and impartial towards the problems, parts and results = Task
- He is professionally trained
- It can be someone internal or external to the group.
- Adopts a style that varies from non-directive to directive WORK SEQUENCE
TASKS
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
The network mediator (often based on the
Establish different non-Western
level/levels of the models)
1
program and the type of people
who will benefit from the
- Often found in traditional or indigenous societies
mediation sessions
- This is usually an elder or respected leader school
1A Individual of thelevel
community.
or
- Highlights the value of maintaining harmony and stable relationships
- 1 B own
It is usually someone from one's School district
group level
or community and partial
- Adopts a management style anchored in cultural and community customs and traditions.
2 Develop the program team
2D
Implementation of the
training (see training plan)
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Mediation Conflict Resolution.indd 99
Develop terms of reference for
3 the coordinator or coordinators,
their responsibilities, functions
and tasks to:
Mediation Program
3A Director
3B Adult mediators
3C
Other relevant individuals
4 Mediator training
Establish a system to
carry out the mediation
5A program (included in the
final facilitator training
report, which details the
steps necessary to carry
out the initial phase and
its entire implementation)
Provide information
5E sessions to the population
(for example, teachers,
students, administration
staff, other stakeholders
and parents)
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Provide mediation
6B sessions
Evaluate the
6D implementation of the
initial phase
10
1
Mediation Conflict Resolution.indd 101
Start full implementation: This, in
addition to the elements
7 mentioned for the initial phase,
must also:
• Director_________________________________________________________________________
• Counselor____________________________________________________________________________
• Teacher _____________________________________________________________________________
• Other: _______________________________________________________________________________
Mediation is a process where students can resolve conflicts by talking to each other and to the mediator or
mediators. We will listen to each of you without taking sides and help everyone find a solution. With your
signature you commit to working with us to reach an agreement satisfactory to all and to follow up on its
compliance.
(In cases where the parties agree to participate in the mediation process)
Name
Signature
Date
(In cases where the parties do not agree to participate in the mediation process)
Name
Signature
ANNEX0 H-2
(Name of Educational Center)
We have agreed:
1. ___________________________________________________________________________________
2. _____________________________________________________________________________________
3. _____________________________________________________________________________________
4. _____________________________________________________________________________________
5.
Name/pseudonym: Date:
The criteria that you issue in this evaluation are very important to know what is working in the mediation
process and what are the areas that need to be strengthened. Your answers will be confidential and, if you
prefer, you can use a pseudonym instead of your name.
1. Were the mediation process and its implications clearly explained to you from the beginning?
3. Do you think you had the space and time necessary to express your opinions?
5. After mediation, do you think your understanding of the other party's needs improved?
6. Do you consider that the conflict or dispute could be overcome using mediation?
Date: Place:
Facilitator name
Telephone/email address of the facilitator:
EVALUATION ON:
a) Content:
- What are the two most important ideas you learned today?
b) Applicability:
d) Instructor or instructors:
ADVERSARY: One who is presumed to be competing to achieve similar objectives and with whom no
relations of cooperation or collaboration are established. An adversary can easily become an enemy if the
perception of danger develops that comes with the establishment of highly competitive relationships aimed at
preventing access to the desired objectives.
CONFLICT EARLY WARNING: A process to obtain and analyze data and monitor conflict indicators for the
purpose of identifying and recommending strategic options to prevent conflict or to design peaceful and
collaborative interventions.
ARBITRATION: A method of dispute resolution in which opponents present their case to an impartial third
person (the arbitrator), who makes a decision for them that resolves the dispute. Arbitration differs from
mediation in that, in mediation, the mediator helps the disputing parties develop their own mutually acceptable
solution, without imposing criteria.
HARMONY: Balance, serenity, does not so much denote the absence of conflict, but rather the ability to
coexist with conflict.
b
GOOD OFFICES: All those ways of intervening in the resolution of conflicts, that is, it is synonymous with
mediating, facilitating or conciliating.
c
SYSTEMIC CHANGE: It involves looking beyond a specific conflict and connecting it with the other conflicts
that are occurring at different levels of a society in order to design strategic interventions that have greater
possibilities of addressing the structural causes of a conflict, in particular patterns of conflict. exclusion and
inequality.
PROXIMAL CAUSE OF CONFLICT: 1. The immediate causes of a conflict. 2. Conditions, events or trends
that trigger a conflict or crisis, such as the collapse of a government, the escalation of a power struggle, or the
increase in war rhetoric.
4 A longer version of this glossary was prepared for the School's Conflict Resolution Workshops.
of Conflict Analysis and Resolution at George Mason University and the Organization of American States -OAS-, in Washington
DC (2007-2010), in which the authors of this manual collaborated as facilitators.
108
COLLABORATION: Participation in the objectives established by another with which we also identify or intend
to support.
CONCILIATION: 1. The building or restoration of relationships between conflicting parties to a point at which it
becomes possible for the conflicting parties to work together toward a solution to a problem. 2. Result of
bringing together several people or things that were in conflict. 3. Action of making two different ideas or
positions compatible. 4. Conciliation involves efforts by a third party to improve the relationship between two or
more disputing parties. Conciliation can be carried out as part of mediation or independently. Typically, the
third party works with the disputing parties to correct misunderstandings, reduce fears and lack of trust, and
improve communication. Sometimes this will result in an agreement; other times, it will prepare the ground for
a broader process. 5. In many Latin American countries, conciliation is synonymous with mediation. But, not in
other countries. In Brazil, for example, conciliation is an institutionalized process linked to judicial structures
where the conciliator, appointed by a judge, uses the same skills and techniques of the mediator, but also
offers personal advice, options and criteria or based on his legal knowledge. . Conciliation also differs from
mediation in the degree of confidentiality that can be guaranteed to the parties.
CONSENSUS: 1. A general agreement in which all parties agree with the same solution. 2. Consensus is a
form of agreement that emphasizes cooperation and the search for the most advantageous solution possible
for all under the prevailing circumstances. Consensus is reached through the exchange of information and
perspectives, group discussion, persuasion, and synthesis of ideas. There are, therefore, several levels of
consensus: a) When everyone accepts with satisfaction the decision reached, b) When the agreement is
sufficient but not fully satisfactory, or c) When disagreement is registered, but there is no attempt to hinder the
group.
PEACEBUILDING: The process and activities that seek the constructive transformation of conflicts and the
creation of a sustainable environment of peace. Conflict transformation goes beyond solving a problem or
managing it. It seeks to address the fundamental causes and other elements of the conflict, including the
conceptualization of the conflict and the structure of the relationships between the actors.
CONVENE: The individual or organization that initiates and promotes a dialogue initiative and brings together
actors to participate in it.
CULTURE: 1. Set of ways of life, customs, knowledge and degree of artistic development,
scientific and industrial in a certain era, area or social group. 2. Customs, preferences or patterns of analysis
and behavior shared by a definable group of people. The group may share geographic, social, economic,
racial, or ethnic characteristics. 3. Those derived from experience, more or less ordered, learned or created by
the individuals of a population, including those images or coding and their interpretations (meanings)
transmitted from previous generations, from contemporaries, or formed by the individuals themselves. No
population can be adequately characterized as a single culture or by a single cultural
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descriptor. Culture is not perfectly shared by individuals in a population, since each social group in a society
and each individual in that same society interprets and integrates the culture of that specific society differently.
CULTURE OF PEACE: 1. Way to live without violence. 2. Customs, habits, structures and social attitudes
inspired by non-violence and peaceful processes of coexistence. Cultures of peace effectively use peaceful
methods of conflict resolution such as conciliation, mediation and dialogue in all sectors and levels of society.
d
DELIBERATION: It is a participatory decision-making process that emphasizes a critical analysis of all existing
perspectives surrounding a conflict and the logical reasoning of all viable alternatives in order to reach
consensual decisions to resolve a problem or conflict.
DISAGREEMENT: A difference of opinion or perspective on which people cannot agree.
CONFLICT DYNAMICS: Refers to the fact that all conflicts change over time and can go through clearly
recognizable phases that could help the observer analyze the conflict or a third party to judge the appropriate
moment for an external initiative in the context. management of this.
ACTIVE LISTENING: Listening with the intention of understanding the meaning of the statement. It also
involves gaining a greater understanding of non-verbal communication. Go beyond words towards the
interpretation of signs, gestures and behaviors.
CONFLICT SPECIALIST: An expert in conflict and its resolution who has the knowledge, capacity and
experience to design and facilitate dialogue and conflict resolution processes. It is a person who manages a
series of tools, methodologies, skills and techniques that help people or groups to constructively face a
conflict.
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one after another, in response to the real or perceived intensification of effort on the other side. It is the result
of the continuous escalation of the conflict.
STALKAGE: Stage of a conflict where neither party has the resources to overcome the other. It is the point at
which neither side is willing to give up the fight, but neither has the ability to pursue a campaign aggressive
enough to achieve its goals.
F
FACILITATION: Process through which a third party manages an interactive process between people brought
together for a purpose, but does not intervene in the substance of the conflict. Although used as a synonym for
mediation, for some theorists in the field of conflict resolution, facilitation differs from mediation in terms of the
number of participants, the complexity of the issues discussed and the interests of the parties, the openness of
the process and the commitment prior of the parties to negotiate.
g
CONFLICT MANAGEMENT: 1. Generic term that covers a range of positive ways of handling or managing
conflict. 2. However, for some theorists, conflict management rather refers to the long-term management of
conflicts and the people involved in them, so that uncontrolled escalation does not arise. The goal is not to
solve problems, but to minimize their negative impact. 3. It can be synonymous with conflict regulation.
Yo
IMPARTIALITY: That it does not judge or take sides on any side and does not receive benefit from one
solution or another to the problem.
INTERESTS: 1. They are the underlying or declared reasons that motivate a person or party in conflict. 2. The
desires and concerns that motivate people to take a certain position in a conflict. The interests of parties in a
dispute may be mutual, separate, conflicting and non-conflicting.
J.
JUSTICE: 1. Rectifying mistakes and restoring relationships based on respect, fairness, honor and truth. 2.
Method of resolving conflicts through the application of established legal norms.
M
CONFLICT MATURITY: Stage in which a peace process is most likely to begin and in which conflict resolution
processes are most likely to achieve a significant impact on a protracted and deep-rooted conflict.
MEDIATION: 1. A conflict resolution process in which a third person, without decision-making power,
intercedes to help the opposing parties in their search for a mutually acceptable solution. Mediation is a
voluntary and confidential process. The mediator works to help the parties establish and maintain
communication, restore the relationship between the parties, define the issues to be addressed, clarify
perceptions, identify mutual and separate interests, and problem-solving options. Assistance is more related to
the process than
to the substance of the dispute. 2. An intervention in conflict to promote reconciliation, agreement, compromise
and/or understanding.
N
NEEDS: 1. 2. In the Burtonian sense of the term, it refers to the needs that we all have as human beings and
about which it is very difficult for us to make concessions and negotiate them. Burton (2000) mentions the
needs for identity, recognition, personal development and security.
NEGOTIATION: 1. A creative exchange of views, ideas, information, options in a constructive effort to find an
agreement that satisfies both parties. 2. An exchange of promises. 3. The process in which two or more parties
present their demands and desires to others with the goal of determining what can or cannot be adjusted.
Negotiation implies commitment and cooperation in that the terms are developed between parties that directly
affect them. Negotiation also involves bartering and haggling when the parties prioritize their demands in order
to determine what they would be willing to give up to make the agreement possible. Although a party to the
conflict may not get everything it wants through negotiation, the fact that it is willing to do so indicates that it
believes that a negotiated agreement is preferable to continuing the conflict. 4. Negotiations consist of a
number of separate but
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EITHER
OPTION: Possibilities of solutions to a problem that can satisfy the interests and needs of the parties.
Q
PARTY: An individual or individuals with some basis for involvement in the solution of a problem or
negotiation.
NEGATIVE PEACE: The absence of violence of all kinds. Negative peace policies can focus
on a present or immediate or near future perspective. Since stability and order can be
maintained through an oppressive system, negative peace is compatible with structural
violence.
PEACE: 1. The absence of physical violence or other types of methods of causing direct or
indirect harm, such as structural or cultural violence. 2. The well-being that results from the act
of channeling conflict toward productive ends. 3. The establishment of ties strong enough,
between parties, to withstand threats to stability. 4. Situation that makes possible the non-
violent and creative conduct of conflict.
112
POSITIVE PEACE: A situation characterized by the presence of social values such as respect for human and
political rights, economic opportunity and the existence of institutions that maintain peace through integrative
processes. The elimination of various forms of discrimination (class, ethnic, age, religious, racial, and sexual)
is a precondition for human fulfillment. The goals of positive peace address many issues that influence quality
of life, including personal growth, freedom, social equality, economic equity, solidarity, autonomy and
participation.
POWER: 1. It is the ability to get things done. It is the ability to control resources or influence decisions. 2. The
ability to get what you want or influence the future. It can occur through force or through cooperation and
integration.
POSITION: 1. The posture. 2. Statements by the parties or actors that express “what is wanted.” 3. They are
the superficial demands that the parties make to the adversary.
CONFLICT PREVENTION: Actions and measures that lead to the prevention, mitigation, and resolution of
inter-state or intra-state conflicts. An effective preventive strategy requires a broad approach that includes
political, institutional, diplomatic, humanitarian, human rights, development or other measures taken by the
international community in coordination with regional and national actors. This definition implies a broader
concept of human security that goes beyond the traditional spheres of peace-war and development.
PROBLEM: 1. A situation that is not working well, which wastes resources or prevents the completion of an
activity that is needed. 2. Friction caused by differences.
PROCESS: 1. Series of steps or actions taken with the intention of facilitating change. 2. The application of
skills executed consecutively.
CONFLICT PROVENATION: Term proposed by John Burton that designates the way of avoiding the
appearance of conflicts without managing their repression, but by solving the causes that generate them such
as social injustice, the provision of people's basic needs and the exercise of real democracy.
R
RECONCILIATION: 1. Recompose or harmonize a relationship. 2. The process by which conflicting parties,
rather than simply signing an agreement ending a conflict, take actual steps toward forgiving old
transgressions, overcoming the past, and admitting personal mistakes, thereby signaling a new relationship
and a better future. new beginning. Reconciliation is motivated by the desire to transform the relationship
between adversaries, so that the dividing line between them becomes unnecessary. It is an emotional and
spiritual healing process. Reconciliation has four processes: the search for truth, justice, peace and mercy.
RULES OF COEXISTENCE: The rules of conduct for a conflict resolution process such as negotiation,
mediation, dialogue or other process in which it seeks to take
113
decisions through consensus. These rules have to do with the behavior of the actors, the role and behavior of
the facilitator or mediator, the methodology of the process, the way of making group decisions and the
substance of the discussions. The rules of the game are essential for any collaborative process because they
help create a safe environment for dialogue, help the parties assume responsibility for the process, and help
move the process forward in a respectful and efficient manner.
REGULATION OF CONFLICTS: The conclusion of a dispute when the parties agree, in such a way that the
fundamental causes of the conflict are not altered. Many times it is a temporary solution to the conflict.
CONFLICT RESOLUTION: The permanent solution of a dispute or conflict through the satisfaction of the
needs and interests of both parties. The fundamental issues that caused the conflict are taken into
consideration. Instead of simply managing tangible issues, we seek to get to the roots of the conflict.
T
THIRD PART: Refers to a person who is involved in a dispute trying to help the parties resolve the problem.
They may be an external neutral party or they may be involved in the conflict and take on a mediating role to
help find a mutually acceptable solution.
VIOLENCE : 1. Abuse of force. 2. Force exerted to force a person to do what they do not want to do. Violence
can be verbal, physical, psychological or institutional.
STRUCTURAL VIOLENCE : The way institutions and policies damage or destroy values and individual
development. It includes conditions in which a person is prevented, by social deprivation or political
repression, from achieving his or her own aspirations, but where there is no obvious violent reaction given the
weakness of the minority and the efficient politics of the majority (see section on Structural Violence present in
Module I of this manual).
114
REFERENCE LIST
Astor, H. (2000). Rethinking Neutrality: A Theory to Inform Practice-Part II, Australasian Dispute Resolution
Journal , Vol.11, no.3, August 2000, p. 145-154.
Baruch B. R. TO. & Joseph P. Folger, J.P. (1994). The Promise of Mediation: Responding to Conflict through
Empowerment and Recognition , Jossey-Bass Publishers. San Francisco.
Bercovitch, J. (2004). International Mediation and Intractable Conflict, Beyond Intractability . Eds. Guy Burgess
and Heidi Burgess. Conflict Information Consortium. University of Colorado, Boulder. Retrieved April 24, 2016.
Burton, J. (2000). Conflict Resolution as a Political System. School for Conflict Analysis and Resolution.
Arlington, Virginia. Available at: http://scar.gmu.edu/La%20Resolucion.pdf
Cobb, S. & Janet Rifkin, J. (1991). Practice and Paradox: Deconstructing Neutrality in Mediation, Law & Social
Inquiry , Vol. 16, no. 1, Winter, 1991, pp. 35-62.
Cohen, R. (2005). Students Resolving Conflict: Peer Mediation in School s. Good Year Books, Culver City,
CA.
Cooperative learning series - Peer mediation, 2016, http://www.studygs.net/peermed.htm , retrieved April 24,
2016.
Dugan, M. TO. (1996). A Nested Theory of Conflict, A Leadership Journal: Women in Leadership - Sharing the
Vision 1 (July, 1996): 9-20.
World Wildlife Fund -WWF. 2003. Doing Workshops, a practical guide for trainers. Cali, Colombia.
Gibbs, G. (1988). Learning by Doing: A guide to teaching and learning methods . Further Education Unit.
Oxford Polytechnic: Oxford.
Kolb, D. M. (1983). The Mediators, Strategy and the Tactics of Mediation. Human Relation s, March 1983 Vol.
36 no. 3 247-268.
Hardy, S. (2009). Teaching Mediation as Reflective Practice. Negotiation Journa l, Vol. 25, Issue 3, pages
385–400, July.
IDEICE, 2014. Study of Prevalence, Typology and Causes of Violence in Basic and Secondary Educational
Centers in the Dominican Republic. Santo Domingo.
Izumi, C. (2010). Implicit Bias and the Illusion of Mediator Neutrality. Washington University Journal of Law &
Policy, Vol. 34:71.
Johnson, D. W. and Johnson, R. T. (1996). Conflict Resolution and Peer Mediation Programs in Elementary
and Secondary Schools: A Review of the Research. Review of Educational Research , 66 76.
Kilmann, R. H. & Thomas, K. W. (1977). Developing a forced-choice measure of conflict handling behavior:
The “MODE” instrument. Education and Psychological Measurement, 37, 307-325.
Ministry of Education of the Dominican Republic (2014). Bases of Curriculum Review and Update.
MINERD: Santo Domingo, RD.
Ministry of Education of the Dominican Republic (2013). Standards of the Dominican Educational System for
Harmonious Coexistence in Public and Private Educational Centers . Duarte House: Santo Domingo, DR.
Mitchell, C. (1990). Some Basic Initial Framework for Conflict Analysis. Available at: https://
pcmsauhaifa.files.wordpress.com/2011/12/mitchell-basic-framework-for-conflict-analysis- spitcerow.pdf, April
24, 2016
ed
Moore, C. (2003). The Mediation Process: Practical Strategies for Resolving Conflict , 3rd ., PB Printing,
USA.
Rubin, J & Pruitt, D. (1986). Social Conflict: Escalation, Stalemate and Settlement . New York, Ramdom
House.
Study Guides and Strategies Cooperative learning series, Peer Meditation, http://www.studygs .
net/peermed.htm, Accessed: April 24, 2016.
Spangler, B, 2003. Problem-Solving Mediation. Beyond Intractability . Eds. Guy Burgess and Heidi Burgess.
Conflict Information Consortium, University of Colorado, Boulder, http://www.
beyondintractability.org/essay/problem-solving-mediation, retrieved April 24, 2016
Zumeta, Zena, ---. Styles of Mediation: Facilitative, Evaluative, and Transformative Mediation by Zena Zumeta,
http://www.mediate.com/articles/zumeta.cfm , retrieved April 24, 2016.
Barrueco, Alberto; Régnier, Brigitte and Vejarano, Beatriz. English-Spanish Glossary. Institute for Conflict
Analysis and Resolution, May 2001. http://www.gmu.edu/departments/ICAR/Espanol . html .
8/19/16 4:47 PM
About the authors
-Adriana Salcedo is an anthropologist with a special focus on conflict analysis, identity, migration and
peacebuilding. He has a Doctorate in Conflict Analysis and Resolution from George Mason University, in Arlington,
Virginia, United States, for his research on forced migrations and conflict on the Colombian-Ecuadorian border. With
more than ten years of experience in the study of social conflicts, his professional practice covers the Amazon basin,
the Galapagos Islands and the Andean Region (Ecuador, Colombia and Bolivia), the United States and the
Dominican Republic, collaborating with various actors both public and civil society, including indigenous
communities, grassroots organizations, minorities, among others.
In her role as a trainer, she has conducted training for the Northern Virginia Mediation Center (as a Certified
Instructor) and has taught courses at the Universidad Andina Simón Bolívar, FLACSO Ecuador and George Mason
University, in Virginia. Deeply committed to consensus building and democratic dialogue (often around difficult and
controversial issues) she has managed to incorporate her cultural understanding of different groups into facilitation
and negotiation practices. In the academic field, he has published several publications in books and indexed
magazines exploring the relationship between human displacement, forced migration, and the public policies that
govern these phenomena. He is fluent in English and Spanish, and has a good command of Portuguese, French
and Quichua. He has traveled extensively (Latin America and the Caribbean, North America, Asia and Europe) and
has a cultural understanding of many countries and regions.
-Yves Renée Jennings has a PH.D. from George Mason University's School for Conflict Analysis and Resolution
(S-CAR) and is Executive Director of Partners for Sustainable Peace (PSP), a nonprofit organization she co-founded
in Virginia. She is a professional with a deep understanding of the social and structural problems that often
contribute to social conflicts. He is interested in human development and empowerment in the context of
transforming social and structural barriers that make it difficult for groups to fully realize their potential. Yves-Renée
has the ability to conceptualize, design, implement and evaluate collaborative processes, projects and programs
focused on conflict resolution and peacebuilding, social transformation, as well as leadership, group and community
motivation and development. within a multicultural context. Yves-Renée teaches at the Department of Law and
International Studies at the Universidad del Azuay in Cuenca, Ecuador, at FLACSO in Quito, at the School of
International Peace Service and Conflict Resolution at the American University in Washington, DC and has also
taught classes on S-CAR at George Mason University. As a trainer she has conducted a wide range of trainings for
the Northern Virginia Mediation Service, the American Institute for Peace, the Fairfax County-Va. Public School
System, the George Mason International Student Office, and the city of Arlington. Yves-Renée has also traveled to
Liberia, the Dominican Republic and Haiti for various professional and research activities related to conflict
resolution, peacebuilding and social transformation. She worked for the World Bank for over twenty years in finance
and resource management and internal audit at the World Bank offices in Washington, DC. and all over the world.