Saturday, December 23, 2006

QUESTIONNAIRES

Written or electronic survey instruments comprised of a series of questions, designed to measure a specific item or set of items.
Questionnaires are an inexpensive way to gather data from a potentially large number of respondents. Often they are the only feasible way to reach a number of reviewers large enough to allow statistically analysis of the results. A well-designed questionnaire that is used effectively can gather information on both the overall performance of the test system as well as information on specific components of the system. If the questionnaire includes demographic questions on the participants, they can be used to correlate performance and satisfaction with the test system among different groups of users.
It is important to remember that a questionnaire should be viewed as a multi-stage process beginning with definition of the aspects to be examined and ending with interpretation of the results. Every step needs to be designed carefully because the final results are only as good as the weakest link in the questionnaire process. Although questionnaires may be cheap to administer compared to other data collection methods, they are every bit as expensive in terms of design time and interpretation.
The steps required to design and administer a questionnaire include:
Defining the Objectives of the survey
Determining the Sampling Group
Writing the Questionnaire
Administering the Questionnaire
Interpretation of the Results
This document will concentrate on how to formulate objectives and write the questionnaire. Before these steps are examined in detail, it is good to consider what questionnaires are good at measuring and when it is appropriate to use questionnaires.
What can questionnaires measure?
Questionnaires are quite flexible in what they can measure, however they are not equally suited to measuring all types of data. We can classify data in two ways, Subjective vs. Objective and Quantitative vs. Qualitative.
When a questionnaire is administered, the researchers control over the environment will be somewhat limited. This is why questionnaires are inexpensive to administer. This loss of control means the validity of the results are more reliant on the honesty of the respondent. Consequently, it is more difficult to claim complete objectivity with questionnaire data then with results of a tightly controlled lab test. For example, if a group of participants are asked on a questionnaire how long it took them to learn a particular function on a piece of software, it is likely that they will be biased towards themselves and answer, on average, with a lower than actual time. A more objective usability test of the same function with a similar group of participants may return a significantly higher learning time. More elaborate questionnaire design or administration may provide slightly better objective data, but the cost of such a questionnaire can be much higher and offset their economic advantage. In general, questionnaires are better suited to gathering reliable subjective measures, such as user satisfaction, of the system or interface in question.
Questions may be designed to gather either qualitative or quantitative data. By their very nature, quantitative questions are more exact then qualitative. For example, the word "easy" and "difficult" can mean radically different things to different people. Any question must be carefully crafted, but in particular questions that assess a qualitative measure must be phrased to avoid ambiguity. Qualitative questions may also require more thought on the part of the participant and may cause them to become bored with the questionnaire sooner. In general, we can say that questionnaires can measure both qualitative and quantitative data well, but that qualitative questions require more care in design, administration, and interpretation.
When to use a questionnaire?
There is no all encompassing rule for when to use a questionnaire. The choice will be made based on a variety of factors including the type of information to be gathered and the available resources for the experiment. A questionnaire should be considered in the following circumstances.
When resources and money are limited. A Questionnaire can be quite inexpensive to administer. Although preparation may be costly, any data collection scheme will have similar preparation expenses. The administration cost per person of a questionnaire can be as low as postage and a few photocopies. Time is also an important resource that questionnaires can maximize. If a questionnaire is self-administering, such as a e-mail questionnaire, potentially several thousand people could respond in a few days. It would be impossible to get a similar number of usability tests completed in the same short time.
When it is necessary to protect the privacy of the participants. Questionnaires are easy to administer confidentially. Often confidentiality is the necessary to ensure participants will respond honestly if at all. Examples of such cases would include studies that need to ask embarrassing questions about private or personal behavior.
When corroborating other findings. In studies that have resources to pursue other data collection strategies, questionnaires can be a useful confirmation tools. More costly schemes may turn up interesting trends, but occasionally there will not be resources to run these other tests on large enough participant groups to make the results statistically significant. A follow-up large scale questionnaire may be necessary to corroborate these earlier results.

I. Defining the Objectives of the Survey

The importance of well-defined objectives can not be over emphasized. A questionnaire that is written without a clear goal and purpose is inevitably going to overlook important issues and waste participants' time by asking useless questions. The questionnaire may lack a logical flow and thereby cause the participant to lose interest. Consequential, what useful data you may have collected could be further compromised. The problems of a poorly defined questionnaire do not end here, but continue on to the analysis stage. It is difficult to imagine identifying a problem and its cause, let alone its solution, from responses to broad and generalizing questions. In other words, how would it be possible to reach insightful conclusions if one didn't actually know what they had been looking for or planning to observe.
A objective such as "to identify points of user dissatisfaction with the interface and how these negatively affect the software's performance" may sound clear and to the point, but it is not. The questionnaire designer must clarify what is meant by user dissatisfaction. Is this dissatisfaction with the learning of the software, the power of the software, of the ease of learning the software? Is it important for the users to learn the software quickly if they learn it well? What is meant by the software's performance? How accurate must the measurements be? All of these issues must be narrowed and focused before a single question is formulated. A good rule of thumb is that if you are finding it difficult to write the questions, then you haven't spent enough time defining the objectives of the questionnaire. Go back and do this step again. The questions should follow quite naturally from the objectives.

II. Writing the Questionnaire

At this point, we assume that we have already decided what kind of data we are to measure, formulated the objectives of the investigation, and decided on a participant group. Now we must compose our questions.
If the preceding steps have been faithfully executed, most of the questions will be on obvious topics. Most questionnaires, however, also gather demographic data on the participants. This is used to correlate response sets between different groups of people. It is important to see whether responses are consistent across groups. For example, if one group of participants is noticeably less satisfied with the test interface, it is likely that the interface was designed without fair consideration of this group's specific needs. This may signify the need for fundamental redesign of the interface. In addition, certain questions simply may only be applicable to certain kinds of users. For example, if one is asking the participants whether they find the new tutorial helpful, we do not want to include in our final tally the responses of experienced users who learned the system with an older tutorial. There is no accurate way to filter out these responses without simply asking the users when they learned the interface.
Typically, demographic data is collected at the beginning of the questionnaire, but such questions could be located anywhere or even scattered throughout the questionnaire. One obvious argument in favor of the beginning of the questionnaire is that normally background questions are easier to answer and can ease the respondent into the questionnaire. One does not want to put off the participant by jumping in to the most difficult questions. We are all familiar with such kinds of questions.
It is important to ask only those background questions that are necessary. Do not ask income of the respondent unless there is at least some rational for suspecting a variance across income levels. There is often only a fine line between background and personal information. You do not want to cross over in to the personal realm unless absolutely necessary. If you need to solicit personal information, phrase your questions as unobtrusively as possible to avoid ruffling your participants and causing them to answer less than truthfully.
What kind of questions do we ask?
In general, there are two types of questions one will ask, open format or closed format.
Open format questions are those that ask for unprompted opinions. In other words, there are no predetermined set of responses, and the participant is free to answer however he chooses. Open format questions are good for soliciting subjective data or when the range of responses is not tightly defined. An obvious advantage is that the variety of responses should be wider and more truly reflect the opinions of the respondents. This increases the likelihood of you receiving unexpected and insightful suggestions, for it is impossible to predict the full range of opinion. It is common for a questionnaire to end with and open format question asking the respondent for her unabashed ideas for changes or improvements.
Open format questions have several disadvantages. First, their very nature requires them to be read individually. There is no way to automatically tabulate or perform statistical analysis on them. This is obviously more costly in both time and money, and may not be practical for lower budget or time sensitive evaluations. They are also open to the influence of the reader, for no two people will interpret an answer in precisely the same way. This conflict can be eliminated by using a single reader, but a large number of responses can make this impossible. Finally, open format questions require more thought and time on the part of the respondent. Whenever more is asked of the respondent, the chance of tiring or boring the respondent increases.
Closed format questions usually take the form of a multiple-choice question. They are easy for the respondent, give
There is no clear consensus on the number of options that should be given in an closed format question. Obviously, there needs to be sufficient choices to fully cover the range of answers but not so many that the distinction between them becomes blurred. Usually this translates into five to ten possible answers per questions. For questions that measure a single variable or opinion, such as ease of use or liability, over a complete range (easy to difficult, like to dislike), conventional wisdom says that there should be an odd number of alternatives. This allows a neutral or no opinion response. Other schools of thought contend that an even number of choices is best because it forces the respondent to get off the fence. This may induce the some inaccuracies for often the respondent may actually have no opinion. However, it is equally arguable that the neutral answer is over utilized, especially by bored questionnaire takers. For larger questionnaires that test opinions on a very large number of items, such as a music test, it may be best to use an even number of choices to prevent large numbers of no-thought neutral answers.
Closed format questions offer many advantages in time and money. By restricting the answer set, it is easy to calculate percentages and other hard statistical data over the whole group or over any subgroup of participants. Modern scanners and computers make it possible to administer, tabulate, and perform preliminary analysis in a matter of days. Closed format questions also make it easier to track opinion over time by administering the same questionnaire to different but similar participant groups at regular intervals. Finally closed format questions allow the researcher to filter out useless or extreme answers that might occur in an open format question.
Whether your questions are open or closed format, there are several points that must by considered when writing and interpreting questionnaires:
Clarity: This is probably the area that causes the greatest source of mistakes in questionnaires. Questions must be clear, succinct, and unambiguous. The goal is to eliminate the chance that the question will mean different things to different people. If the designers fails to do this, then essentially participants will be answering different questions.
To this end, it is best to phrase your questions empirically if possible and to avoid the use of necessary adjectives. For example, it asking a question about frequency, rather than supplying choices that are open to interpretation such as:
Very Often
Often
Sometimes
Rarely
Never

It is better to quantify the choices, such as:
Every Day or More
2-6 Times a Week
About Once a Week
About Once a Month
Never

There are other more subtle aspects to consider such as language and culture. Avoid the use of colloquial or ethnic expressions that might not be equally used by all participants. Technical terms that assume a certain background should also be avoided.

Leading Questions: A leading question is one that forces or implies a certain type of answer. It is easy to make this mistake not in the question, but in the choice of answers. A closed format question must supply answers that not only cover the whole range of responses, but that are also equally distributed throughout the range. All answers should be equally likely. An obvious, nearly comical, example would be a question that supplied these answer choices:
Superb
Excellent
Great
Good
Fair
Not so Great

A less blatant example would be a Yes/No question that asked:
Is this the best CAD interface you have every used?

In this case, even if the participant loved the interface, but had an favorite that was preferred, she would be forced to answer No. Clearly, the negative response covers too wide a range of opinions. A better way would be to ask the same question but supply the following choices:
Totally Agree
Partially Agree
Neither Agree or Disagree
Partially Disagree
Totally Agree

This example is also poor in the way it asks the question. It's choice of words makes it a leading question and a good example for the next section on phrasing.

Phrasing: Most adjectives, verbs, and nouns in English have either a positive or negative connotation. Two words may have equivalent meaning, yet one may be a compliment and the other an insult. Consider the two words "child-like" and "childish", which have virtually identical meaning. Child-like is an affectionate term that can be applied to both men and women, and young and old, yet no one wishes to be thought of as childish.
In the above example of "Is this the best CAD interface you have every used?" clearly "best" has strong overtones that deny the participant an objective environment to consider the interface. The signal sent the reader is that the designers surely think it is the best interface, and so should everyone else. Though this may seem like an extreme example, this kind of superlative question is common practice.
A more subtle, but no less troublesome, example can be made with verbs that have neither strong negative or positive overtones. Consider the following two questions:
Do you agree with the Governor's plan to oppose increased development of wetlands?
Do you agree with the Governor's plan to support curtailed development of wetlands?
They both ask the same thing, but will likely produce different data. One asks in a positive way, and the other in a negative. It is impossible to predict how the outcomes will vary, so one method to counter this is to be aware of different ways to word questions and provide a mix in your questionnaire. If the participant pool is very large, several versions may be prepared and distributed to cancel out these effects.
Embarrassing Questions: Embarrassing questions dealing with personal or private matters should be avoided. Your data is only as good as the trust and care that your respondents give you. If you make them feel uncomfortable, you will lose their trust. Do not ask embarrassing questions.

Hypothetical Questions Hypothetical are based, at best, on conjecture and, at worst, on fantasy. I simple question such as:
If you were governor, what would you do to stop crime?
This forces the respondent to give thought to something he may have never considered. This does not produce clear and consistent data representing real opinion. Do not ask hypothetical questions.

Prestige Bias: Prestige bias is the tendency for respondents to answer in a way that make them feel better. People may not lie directly, but may try to put a better light on themselves. For example, it is not uncommon for people to respond to a political opinion poll by saying they support Samaritan social programs, such as food stamps, but then go on to vote for candidates who oppose those very programs. Data from other questions, such as those that ask how long it takes to learn an interface, must be viewed with a little skepticism. People tend to say they are faster learners than they are.
There is little that can be done to prevent prestige bias. Sometimes there just is no way to phrase a question so that all the answers are noble. The best means to deal with prestige bias is to make the questionnaire as private as possible. Telephone interviews are better than person-to-person interviews, and written questionnaires mailed to participants are even better still. The farther away the critical eye of the researcher is, the more honest the answers.

Now What?
Now that you've completed you questionnaire, you are still not ready to send it out. Just like any manufactured product, your questionnaire needs to go through quality testing. The major hurdle in questionnaire design is making it clear and understandable to all. Though you have taken great care to be clear and concise, it is still unreasonable to think that any one person can anticipate all the potential problems. Just as a usability test observes a test user with the actual interface, you must observe a few test questionnaire takers. You will then review the questionnaire with the test takers and discuss all points that were in any way confusing and work together to solve the problems. You will then produce a new questionnaire. It is possible that this step may need to be repeated more than once depending on resources and the need for accuracy.
Conclusions
Questionnaire design is a long process that demands careful attention. A questionnaire is a powerful evaluation tool and should not be taken lightly. Design begins with an understanding of the capabilities of a questionnaire and how they can help your research. If it is determined that a questionnaire is to be used, the greatest care goes into the planning of the objectives. Questionnaires are like any scientific experiment. One does not collect data and then see if they found something interesting. One forms a hypothesis and an experiment that will help prove or disprove the hypothesis.
Questionnaires are versatile, allowing the collection of both subjective and objective data through the use of open or closed format questions. Modern computers have only made the task of collecting and extracting valuable material more efficient. However, a questionnaire is only as good as the questions it contains. There are many guidelines that must be met before you questionnaire can be considered a sound research tool. The majority deal with making the questionnaire understandable and free of bias. Mindful review and testing is necessary to weed out minor mistakes that can cause great changes in meaning and interpretation. When these guidelines are followed, the questionnaire becomes a powerful and economic evaluation tool.

The key to designing effective interviews: structure
Although many different approaches can be incorporated into the interview, effective interviews have three characteristics. When these characteristics are present, the interview can be referred to as a "structured" interview.
"A structured interview may be defined as a series of job-related questions with predetermined answers that are consistently applied across all interviews for a particular job." Pursell, Campion, & Gaylord, Personnel Journal, 1980.
A structured selection interview involves more than just asking the same questions of all candidates. In order to be called "structured", an interview must have three characteristics:
Questions are rooted in the duties and responsibilities of the position.
Questions are developed systematically to tap specific qualifications.
Answers are evaluated against established criteria.
Interviews developed to include the above characteristics are more effective in identifying competent candidates.
Designing a structured interview
Some interviewers ask questions that are designed to get the candidates to "reveal themselves". These questions are usually formulated without any particular qualification in mind. Candidates' answers to such questions are difficult to interpret, and the information elicited is rarely relevant to the qualifications being assessed.
Avoid fishing expeditions
For example, unless related to the qualifications being assessed, the following questions would not be appropriate:
"What kind of people annoy you the most?"
"Describe the best person who ever worked for or with you."
"What did you like best about your last position?"
A better alternative is to develop questions that will provide information relevant to the qualification(s) being assessed. The three steps described below outline how you can develop these questions.
· Step #1: Consider the kind of actions, responses and behaviours that are relevant to the qualification(s) being assessed.
· Step #2: Develop questions that will elicit relevant information.
· Step #3: Evaluate candidates' answers.
These three steps apply to the development of interview questions for the assessment of various qualifications.
Step #1: Consider the kind of actions, responses, and behaviours that are relevant to the qualification(s) being assessed.
Some groundwork needs to be done before the interview questions can be written. The information elicited at this step will be used to develop the questions and the rating schemes for the candidates' answers.
Ask yourself the following questions about the qualification(s) being assessed:
In what way is the possession of the qualification demonstrated? What is it that employees who are strong on the qualification do that employees who are weak on that qualification don't or can't do?
In what situations is the qualification demonstrated? What aspects of these situations are relevant to the qualification?
What is the impact of different courses of action? What makes a particular action or response effective? What makes it ineffective?
An example
Let's consider the "ability to plan". What does it mean to plan in the context of the position being staffed? You would want to know what, specifically, good planners would do and what bad planners would do. Then, you would want to know about the kinds of activities which are planned. You would want to know about their complexity, their time constraints and other obstacles and challenges that are usually encountered in planning. Finally, you want to know about the impact of different planning actions, or behaviours. Are different approaches to planning equally effective?
Step #2: Develop questions that will elicit relevant information
Develop questions specifically for each qualification being assessed. In this way, you'll ensure that relevant information is elicited for all qualifications to be assessed. It's true that some questions may provide information about more than one qualification. Nonetheless, it's a good idea to develop questions with a particular qualification in mind.
Three kinds of interview questions have evolved:
the job knowledge question,
the situational question and
the behavioural question.
Let's look at each in turn.
A. The job knowledge question
These questions most often deal with technical or basic knowledge required to perform the duties and responsibilities of the position; they can also tap more complex aspects of knowledge. This kind of question could just as well be presented in written form, say, on a paper-and-pencil instrument. The interview context, however, provides the advantage of being able to ask follow-up questions and probe more deeply on the basis of the answers given.
Here are some examples of knowledge questions:
"What are the steps involved in the investigation of this kind of complaint?"
" What can cause this kind of malfunction in this machine? "
In developing job knowledge questions, consider the following:
To determine the content to be covered, break down the knowledge area into sub-areas. Identify the content areas, or the specific facts, concepts, techniques, or regulations that are crucial. Take into account the relative importance of each of these knowledge areas in deciding how many questions you will require.
Consider the desired level of competence in deciding how difficult to make the questions. Questions that are too difficult or too easy are not really informative.
Make sure that your questions are clear and unambiguous. In fact, it's a good idea to have a colleague or incumbent review the questions.
Avoid "double barreled" questions. Don't ask for more than one kind of information in the same question as this will only confuse candidates.
Ask follow-up questions, but only to clarify ambiguous answers, not to help the candidate figure out the answer.
B. The situational question
These questions describe a hypothetical job-related situation that focusses on a relevant qualification. These questions require the candidates to reply with what they would do in a given situation.
The situations described in these questions are often quite similar to the scenarios used in work samples and simulations. The difference is mainly that, in the interview, the candidates will be asked to describe what they would do; whereas, in the work sample or simulation, candidates would be asked to actually perform the task. The situational question is based on the notion that what people say they would do is related to what, in fact, they actually will do in the situation.
Situational questions are developed from the kind of incidents that were identified in step #1. Consider incidents in which there have been, or would be, clear differences between the actions of good and bad performers. Then, turn these incidents into questions by creating descriptions of situations which require some immediate action. Add realistic detail to the situations. Create as many questions as will be needed to provide sufficient information to assess the qualification.
Here is an example (Latham, Saari, Pursell and Campion, Journal of Applied Psychology, 1980) of a situational question which was developed to elicit information about "judgement": "You have received a call from an angry client. He has been trying to reach your supervisor to obtain a report recently prepared by your division, however, his calls have not been returned. He asks you to send him a copy of the report. What would you do?"
The answers to situational questions are evaluated against established criteria. The development of these criteria will be discussed at step #3.
In developing situational questions, consider the following points:
Your questions should not be too obvious or transparent. To have a valuable tool, candidates should not be able to "see through the questions".
Try out situational questions on colleagues, or job incumbents, to see if they are clearly understandable and whether they elicit the types of answers expected.
During the interview, read the questions to each candidate so that no details are forgotten. Stick to the questions as written.
C. The behavioural question
The behavioural question is based on the observation that the best predictor of future performance is past performance. For example, a competent technician in the past will probably continue to be a competent technician in the future.
Behavioural questions are aimed at obtaining information from a candidate's past that's relevant to a given qualification or qualifications. In many ways, the objective of behavioural questions is similar to that of the reference check. The difference is that it's the candidates themselves who are the source of information.
Behavioural questions are designed to gather information relevant to the qualification(s) being assessed by having candidates identify what they actually did in similar situations, tasks, or contexts in the past. When you ask behavioural questions, you want to get at:
the particulars of the situation, task, problems, or context;
the actions that the candidate took, or failed to take, in response to the above; and
the impact of the actions taken, or not taken.
Behavioural questions consist of a question that describes a scenario and follow-up questions. The first question asks the candidate to describe a particular situation that's relevant to the qualification being assessed.
For example, if you need to obtain information about stress tolerance, you could ask:
"Can you tell me about some recent situations where you have had to deal with more than the usual amount of stress?"
On the basis of the information you receive, follow-up questions are then asked to flesh out the particular situation, clarify the candidate's actions and determine the impact.
As follow-up questions, you could ask:
"How did you cope with this situation?"
"And how did your reaction affect others?"
In developing behavioural interview questions, the following pointers are useful:
Balance the interview towards the positive. Give candidates the opportunity to talk about successes; they may then be more forthcoming about their failures.
To get at behavioural incidents where a candidate may not have done so well, begin with a rationale for the question. For example, using stress tolerance again, you could ask: "we've all had situations where stress has gotten to us; can you describe one such incident that happened to you?"
Make sure that you get the candidates to identify actions rather than feelings or opinions.
Collect at least a few incidents for each qualification assessed. Continue collecting information until you've exhausted the topic or until you're satisfied that you have enough information to evaluate the candidate on the relevant qualification.
Combine the different types of interview questions
Although each of the above types of interview questions can be effective in gathering relevant information, it's sometimes even more effective to combine these different types in the assessment of a given qualification. For instance, both situational and behavioural questions can be used to elicit information relevant to the same qualification.
During the interview
While conducting the interview, consider the following:
Begin by establishing rapport. Just because an interview is structured and the questions have been developed beforehand does not mean that the interview cannot be conducted in a natural manner.
Follow your plan. Whatever approach you use, write out your questions and use this plan to keep on track.
Explain the format of the interview to candidate.

Thursday, December 21, 2006

WHAT IS COUNSELING?

Counselling is really just a conversation between two people.

At Kids Help Phone, we believe:
the problem is the problem - not the person
people have the strength and resources to make necessary changes in their lives
that sometimes we need a little help to tap into our strengths
the counsellor's job is to help people make sense of their experiences and open up possibilities for positive change
Sometimes, people who use Kids Help Phone think that a counsellor will tell them what to do. Counsellors are trained to know about a wide range of concerns and experiences, but every individual is unique and therefore must make their own decisions.

Counsellors help young people:
define the problem
think about what's important
figure out what to do next
express their feelings and needs
tap into their own strengths and resources
examine unhelpful habits, coping methods, self-defeating beliefs, values and attitudes
gather all the relevant facts
consider different points of view
understand how their behaviour and emotional reactions affect those around them and vice-versa
work out how the caller and others can help
begin to make decisions based on what you've learned
Need more information before you get counselling? Check out:
What to expect when you call?
What to expect when you post?
What does anonymous and confidential mean?

WAYS OF CONFLICT RESOLUTION

There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem-solving skills. Common forms of conflict resolution include:
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes.
Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful.
Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial.
Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule.
Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.


What Types of Disputes Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public policy issues, health care disputes, international conflicts, and many others.

How Do I Find a Qualified Mediator?
Mediation is the most commonly used form of ADR and is the service most requested by members of the public. The Association for Conflict Resolution maintains a referral list of family mediators who have met ACR's training and experience criteria. This list is available on the ACR Web site.
Another good source for mediator referrals is www.mediate.com. The ACR Family Section also maintains a list of FAQs that specifically address family mediation issues.
In the future, ACR will expand its referral list to include qualified ACR members that practice in areas other than family mediation.
Court-appointed mediators can be volunteers, salaried court employees, mediators in private practice, or mediators who are affiliated with a local community mediation center.

How Much Does a Typical Mediation Cost?
Solving conflicts through mediation or other ADR processes usually takes less time and costs less money than litigation. Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Mediators come from a variety of professions, including law, social work, human resources, psychology, education, ministry, and others. Their hourly rate usually reflects their training and years of experience. For example, some mediators may work with low-income clients on a volunteer basis, while others are highly paid lawyers who include ADR as part of their practice.

What Are the Benefits of Mediation?
Mediation allows parties to maintain greater control of their lives and make their own decisions. The process fosters understanding, cooperation, and agreements that work for both parties. It usually costs less money and takes less time than litigation, and compliance with agreements is often higher than with court-imposed judgments. Another primary benefit is privacy. The process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.

What Training Is Required to Become a Mediator?
There are no national training requirements or credentials for mediators. States vary widely in their approach to regulating the field, with some states choosing to "license" mediators while other states may "register" or "certify." Currently, only four states (FL, NH, TX, VA) have certification programs. There is an increasing trend toward mediator rosters and credentialing programs through professional organizations. For example, Family Mediation Canada has an extensive credentialing program, and ACR maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic training and a 20-hour advanced training. Some people begin their practice by volunteering at a community mediation center or co-mediating cases with an experienced mediator. Others go on to complete an advanced degree and/or certificate program in conflict resolution at a college or university. There are many specialized conflict resolution programs at institutions of higher learning in the U.S., and hundreds more that offer courses related to peace and conflict resolution. For more information about programs in higher education, visit Campus Conflict Resolution Resources or see "Academic Programs" at www.mediate.com. For a list of ACR-approved family mediation trainers, please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research, Education and Development, now merged with the Peace Studies Association into the Peace and Justice Studies Association, or PJSA) produced a Global Directory of Peace Studies and Conflict Resolution Programs, which describes undergraduate and graduate degree and certificate programs at 381 colleges and universities in 42 countries.

How Can I Help My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict resolution and/or violence prevention programs. These programs take a variety of forms, including efforts to address the problem of bullying, integrating conflict resolution ideas into curricula, using role play to help young people learn skills and practice alternative responses to conflict, and training young people to serve as mediators with their peers.
These programs not only foster safer schools, but also impart positive values and skills (appreciating differences, active listening, empathy, impulse control, anger management, etc.) in the next generation of adults. Some studies also suggest that participation in conflict resolution programs increases academic performance. For example, a study of 20 Cleveland elementary schools with peer mediation programs showed higher test scores on proficiency tests, increased attendance, and fewer suspensions than schools without mediation programs. Recent research underscoring this relationship that was conducted by Roger Johnson and David Johnson of the University of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.

Many of the best conflict resolution education programs integrate the principles of conflict resolution throughout the entire school curriculum and system, including programs to address issues among students, teachers, administrators, school board members, and members of the community.
Contact your local K-12 school and ask if they offer peer mediation programs or other classroom and school-wide conflict resolution education. If not, you may want to ask the principal to consider instituting such a program. Conflict resolution education information and five useful Fact Sheets are available on ACR's Education Section Web site.
At the higher education level, there are more than 220 university- or college-based mediation and conflict resolution programs across the country. In addition to teaching conflict resolution to students, these programs address many conflicts on and off campus, including student-to-student or student-faculty disputes, university vs. community conflicts, and many more. The Conflict Management in Higher Education Report, edited by William C. Warters, Ph.D., is a useful newsletter that focuses on university- and college-based conflict resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.

How Widespread Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative dispute resolution gained popularity in the 1980s and the trajectory of growth has risen steadily ever since. Although programs vary widely, all jurisdictions now have some type of ADR program. Some jurisdictions have mandatory programs, such as requiring disputants in certain cases (such as divorce) to take parenting classes or meet with a mediator to attempt to resolve custody issues. As public awareness of ADR has grown, so has the number of number of mediators working in private practice. While there is no comprehensive data on the number of conflict resolution practitioners, informal estimates put the number of private practitioners in the U.S. at more than 20,000. Some examples of the growing use of ADR include:
· The Alternative Dispute Resolution (ADR) Act of 1998 requires federal district courts to adopt an official ADR program.
· The Federal Mediation and Conciliation Service now employs nearly 200 full-time mediators.
· The U.S Postal Service, the nation's largest employer, conducts over 10,000 mediations a year through its REDRESS program.
· According to the National Center for State Courts, 16 states currently require some form of mandatory mediation, while another 16 have voluntary or discretionary use of mediation in cases involving divorce, child custody, small claims, landlord/tenant disputes, etc.
· The Equal Employment Opportunity Commission currently employs more than 100 full-time mediators to assist with employment discrimination cases.
· The U.S. Dept. of Justice sponsors a national mediation program through the Keybridge Foundation to settle complaints filed under Titles II and III of the Americans with Disabilities Act of 1990.
· The Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17], require state departments of education to provide mediation services to help resolve differences between school systems and families of children with disabilities.
· President Bush has recognized the value of conflict resolution in his National Fatherhood Initiative, which calls for $200 million in grants to community and religious groups to promote fatherhood, marriage education, and conflict resolution.
· According to a 1998 survey by PricewaterhouseCoopers and Cornell University, 88 percent of American corporations had used mediation and 79 percent used arbitration in the previous three years. In addition, over 84 percent said that they were likely or very likely to use mediation in the future, while 69 percent said the same about arbitration.
· In March 2001, the United States Supreme Court focused attention on the growing use of arbitration by businesses in its ruling on the Circuit City Stores v. Adams case. The Court ruled 5-4 that employees cannot sue companies if the employees sign an arbitration agreement when they were hired. In other words, employers can require arbitration to resolve workplace disputes. More than eight percent of American workers are now bound by arbitration agreements as a condition of their employment.
· An increasing number of companies are also trying to create conditions within the workplace that help people resolve their problems quickly and without outside intervention. These employee dispute resolution systems channel employee conflict in constructive directions and encourage early resolution. The policies are integrated into the corporate culture and use a variety of approaches, including hot lines, peer review panels, mediation, and arbitration to resolve disputes. Current research indicates that about 10 percent of American employers have implemented such internal systems.

WAYS OF CONFLICT RESOLUTION

There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem-solving skills. Common forms of conflict resolution include:
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes.
Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful.
Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial.
Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule.
Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.


What Types of Disputes Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public policy issues, health care disputes, international conflicts, and many others.

How Do I Find a Qualified Mediator?
Mediation is the most commonly used form of ADR and is the service most requested by members of the public. The Association for Conflict Resolution maintains a referral list of family mediators who have met ACR's training and experience criteria. This list is available on the ACR Web site.
Another good source for mediator referrals is www.mediate.com. The ACR Family Section also maintains a list of FAQs that specifically address family mediation issues.
In the future, ACR will expand its referral list to include qualified ACR members that practice in areas other than family mediation.
Court-appointed mediators can be volunteers, salaried court employees, mediators in private practice, or mediators who are affiliated with a local community mediation center.

How Much Does a Typical Mediation Cost?
Solving conflicts through mediation or other ADR processes usually takes less time and costs less money than litigation. Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Mediators come from a variety of professions, including law, social work, human resources, psychology, education, ministry, and others. Their hourly rate usually reflects their training and years of experience. For example, some mediators may work with low-income clients on a volunteer basis, while others are highly paid lawyers who include ADR as part of their practice.

What Are the Benefits of Mediation?
Mediation allows parties to maintain greater control of their lives and make their own decisions. The process fosters understanding, cooperation, and agreements that work for both parties. It usually costs less money and takes less time than litigation, and compliance with agreements is often higher than with court-imposed judgments. Another primary benefit is privacy. The process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.

What Training Is Required to Become a Mediator?
There are no national training requirements or credentials for mediators. States vary widely in their approach to regulating the field, with some states choosing to "license" mediators while other states may "register" or "certify." Currently, only four states (FL, NH, TX, VA) have certification programs. There is an increasing trend toward mediator rosters and credentialing programs through professional organizations. For example, Family Mediation Canada has an extensive credentialing program, and ACR maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic training and a 20-hour advanced training. Some people begin their practice by volunteering at a community mediation center or co-mediating cases with an experienced mediator. Others go on to complete an advanced degree and/or certificate program in conflict resolution at a college or university. There are many specialized conflict resolution programs at institutions of higher learning in the U.S., and hundreds more that offer courses related to peace and conflict resolution. For more information about programs in higher education, visit Campus Conflict Resolution Resources or see "Academic Programs" at www.mediate.com. For a list of ACR-approved family mediation trainers, please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research, Education and Development, now merged with the Peace Studies Association into the Peace and Justice Studies Association, or PJSA) produced a Global Directory of Peace Studies and Conflict Resolution Programs, which describes undergraduate and graduate degree and certificate programs at 381 colleges and universities in 42 countries.

How Can I Help My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict resolution and/or violence prevention programs. These programs take a variety of forms, including efforts to address the problem of bullying, integrating conflict resolution ideas into curricula, using role play to help young people learn skills and practice alternative responses to conflict, and training young people to serve as mediators with their peers.
These programs not only foster safer schools, but also impart positive values and skills (appreciating differences, active listening, empathy, impulse control, anger management, etc.) in the next generation of adults. Some studies also suggest that participation in conflict resolution programs increases academic performance. For example, a study of 20 Cleveland elementary schools with peer mediation programs showed higher test scores on proficiency tests, increased attendance, and fewer suspensions than schools without mediation programs. Recent research underscoring this relationship that was conducted by Roger Johnson and David Johnson of the University of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.

Many of the best conflict resolution education programs integrate the principles of conflict resolution throughout the entire school curriculum and system, including programs to address issues among students, teachers, administrators, school board members, and members of the community.
Contact your local K-12 school and ask if they offer peer mediation programs or other classroom and school-wide conflict resolution education. If not, you may want to ask the principal to consider instituting such a program. Conflict resolution education information and five useful Fact Sheets are available on ACR's Education Section Web site.
At the higher education level, there are more than 220 university- or college-based mediation and conflict resolution programs across the country. In addition to teaching conflict resolution to students, these programs address many conflicts on and off campus, including student-to-student or student-faculty disputes, university vs. community conflicts, and many more. The Conflict Management in Higher Education Report, edited by William C. Warters, Ph.D., is a useful newsletter that focuses on university- and college-based conflict resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.

How Widespread Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative dispute resolution gained popularity in the 1980s and the trajectory of growth has risen steadily ever since. Although programs vary widely, all jurisdictions now have some type of ADR program. Some jurisdictions have mandatory programs, such as requiring disputants in certain cases (such as divorce) to take parenting classes or meet with a mediator to attempt to resolve custody issues. As public awareness of ADR has grown, so has the number of number of mediators working in private practice. While there is no comprehensive data on the number of conflict resolution practitioners, informal estimates put the number of private practitioners in the U.S. at more than 20,000. Some examples of the growing use of ADR include:
· The Alternative Dispute Resolution (ADR) Act of 1998 requires federal district courts to adopt an official ADR program.
· The Federal Mediation and Conciliation Service now employs nearly 200 full-time mediators.
· The U.S Postal Service, the nation's largest employer, conducts over 10,000 mediations a year through its REDRESS program.
· According to the National Center for State Courts, 16 states currently require some form of mandatory mediation, while another 16 have voluntary or discretionary use of mediation in cases involving divorce, child custody, small claims, landlord/tenant disputes, etc.
· The Equal Employment Opportunity Commission currently employs more than 100 full-time mediators to assist with employment discrimination cases.
· The U.S. Dept. of Justice sponsors a national mediation program through the Keybridge Foundation to settle complaints filed under Titles II and III of the Americans with Disabilities Act of 1990.
· The Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17], require state departments of education to provide mediation services to help resolve differences between school systems and families of children with disabilities.
· President Bush has recognized the value of conflict resolution in his National Fatherhood Initiative, which calls for $200 million in grants to community and religious groups to promote fatherhood, marriage education, and conflict resolution.
· According to a 1998 survey by PricewaterhouseCoopers and Cornell University, 88 percent of American corporations had used mediation and 79 percent used arbitration in the previous three years. In addition, over 84 percent said that they were likely or very likely to use mediation in the future, while 69 percent said the same about arbitration.
· In March 2001, the United States Supreme Court focused attention on the growing use of arbitration by businesses in its ruling on the Circuit City Stores v. Adams case. The Court ruled 5-4 that employees cannot sue companies if the employees sign an arbitration agreement when they were hired. In other words, employers can require arbitration to resolve workplace disputes. More than eight percent of American workers are now bound by arbitration agreements as a condition of their employment.
· An increasing number of companies are also trying to create conditions within the workplace that help people resolve their problems quickly and without outside intervention. These employee dispute resolution systems channel employee conflict in constructive directions and encourage early resolution. The policies are integrated into the corporate culture and use a variety of approaches, including hot lines, peer review panels, mediation, and arbitration to resolve disputes. Current research indicates that about 10 percent of American employers have implemented such internal systems.

Tuesday, December 19, 2006

Alternative Dispute Resolution (ADR)

There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem-solving skills. Common forms of conflict resolution include:
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes.
Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful.
Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial.
Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule.
Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.


What Types of Disputes Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public policy issues, health care disputes, international conflicts, and many others.

How Do I Find a Qualified Mediator?
Mediation is the most commonly used form of ADR and is the service most requested by members of the public. The Association for Conflict Resolution maintains a referral list of family mediators who have met ACR's training and experience criteria. This list is available on the ACR Web site.
Another good source for mediator referrals is www.mediate.com. The ACR Family Section also maintains a list of FAQs that specifically address family mediation issues.
In the future, ACR will expand its referral list to include qualified ACR members that practice in areas other than family mediation.
Court-appointed mediators can be volunteers, salaried court employees, mediators in private practice, or mediators who are affiliated with a local community mediation center.

How Much Does a Typical Mediation Cost?
Solving conflicts through mediation or other ADR processes usually takes less time and costs less money than litigation. Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Mediators come from a variety of professions, including law, social work, human resources, psychology, education, ministry, and others. Their hourly rate usually reflects their training and years of experience. For example, some mediators may work with low-income clients on a volunteer basis, while others are highly paid lawyers who include ADR as part of their practice.

What Are the Benefits of Mediation?
Mediation allows parties to maintain greater control of their lives and make their own decisions. The process fosters understanding, cooperation, and agreements that work for both parties. It usually costs less money and takes less time than litigation, and compliance with agreements is often higher than with court-imposed judgments. Another primary benefit is privacy. The process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.

What Training Is Required to Become a Mediator?
There are no national training requirements or credentials for mediators. States vary widely in their approach to regulating the field, with some states choosing to "license" mediators while other states may "register" or "certify." Currently, only four states (FL, NH, TX, VA) have certification programs. There is an increasing trend toward mediator rosters and credentialing programs through professional organizations. For example, Family Mediation Canada has an extensive credentialing program, and ACR maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic training and a 20-hour advanced training. Some people begin their practice by volunteering at a community mediation center or co-mediating cases with an experienced mediator. Others go on to complete an advanced degree and/or certificate program in conflict resolution at a college or university. There are many specialized conflict resolution programs at institutions of higher learning in the U.S., and hundreds more that offer courses related to peace and conflict resolution. For more information about programs in higher education, visit Campus Conflict Resolution Resources or see "Academic Programs" at www.mediate.com. For a list of ACR-approved family mediation trainers, please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research, Education and Development, now merged with the Peace Studies Association into the Peace and Justice Studies Association, or PJSA) produced a Global Directory of Peace Studies and Conflict Resolution Programs, which describes undergraduate and graduate degree and certificate programs at 381 colleges and universities in 42 countries.

How Can I Help My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict resolution and/or violence prevention programs. These programs take a variety of forms, including efforts to address the problem of bullying, integrating conflict resolution ideas into curricula, using role play to help young people learn skills and practice alternative responses to conflict, and training young people to serve as mediators with their peers.
These programs not only foster safer schools, but also impart positive values and skills (appreciating differences, active listening, empathy, impulse control, anger management, etc.) in the next generation of adults. Some studies also suggest that participation in conflict resolution programs increases academic performance. For example, a study of 20 Cleveland elementary schools with peer mediation programs showed higher test scores on proficiency tests, increased attendance, and fewer suspensions than schools without mediation programs. Recent research underscoring this relationship that was conducted by Roger Johnson and David Johnson of the University of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.

Many of the best conflict resolution education programs integrate the principles of conflict resolution throughout the entire school curriculum and system, including programs to address issues among students, teachers, administrators, school board members, and members of the community.
Contact your local K-12 school and ask if they offer peer mediation programs or other classroom and school-wide conflict resolution education. If not, you may want to ask the principal to consider instituting such a program. Conflict resolution education information and five useful Fact Sheets are available on ACR's Education Section Web site.
At the higher education level, there are more than 220 university- or college-based mediation and conflict resolution programs across the country. In addition to teaching conflict resolution to students, these programs address many conflicts on and off campus, including student-to-student or student-faculty disputes, university vs. community conflicts, and many more. The Conflict Management in Higher Education Report, edited by William C. Warters, Ph.D., is a useful newsletter that focuses on university- and college-based conflict resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.

How Widespread Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative dispute resolution gained popularity in the 1980s and the trajectory of growth has risen steadily ever since. Although programs vary widely, all jurisdictions now have some type of ADR program. Some jurisdictions have mandatory programs, such as requiring disputants in certain cases (such as divorce) to take parenting classes or meet with a mediator to attempt to resolve custody issues. As public awareness of ADR has grown, so has the number of number of mediators working in private practice. While there is no comprehensive data on the number of conflict resolution practitioners, informal estimates put the number of private practitioners in the U.S. at more than 20,000. Some examples of the growing use of ADR include:
• The Alternative Dispute Resolution (ADR) Act of 1998 requires federal district courts to adopt an official ADR program.
• The Federal Mediation and Conciliation Service now employs nearly 200 full-time mediators.
• The U.S Postal Service, the nation's largest employer, conducts over 10,000 mediations a year through its REDRESS program.
• According to the National Center for State Courts, 16 states currently require some form of mandatory mediation, while another 16 have voluntary or discretionary use of mediation in cases involving divorce, child custody, small claims, landlord/tenant disputes, etc.
• The Equal Employment Opportunity Commission currently employs more than 100 full-time mediators to assist with employment discrimination cases.
• The U.S. Dept. of Justice sponsors a national mediation program through the Keybridge Foundation to settle complaints filed under Titles II and III of the Americans with Disabilities Act of 1990.
• The Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17], require state departments of education to provide mediation services to help resolve differences between school systems and families of children with disabilities.
• President Bush has recognized the value of conflict resolution in his National Fatherhood Initiative, which calls for $200 million in grants to community and religious groups to promote fatherhood, marriage education, and conflict resolution.
• According to a 1998 survey by PricewaterhouseCoopers and Cornell University, 88 percent of American corporations had used mediation and 79 percent used arbitration in the previous three years. In addition, over 84 percent said that they were likely or very likely to use mediation in the future, while 69 percent said the same about arbitration.
• In March 2001, the United States Supreme Court focused attention on the growing use of arbitration by businesses in its ruling on the Circuit City Stores v. Adams case. The Court ruled 5-4 that employees cannot sue companies if the employees sign an arbitration agreement when they were hired. In other words, employers can require arbitration to resolve workplace disputes. More than eight percent of American workers are now bound by arbitration agreements as a condition of their employment.
• An increasing number of companies are also trying to create conditions within the workplace that help people resolve their problems quickly and without outside intervention. These employee dispute resolution systems channel employee conflict in constructive directions and encourage early resolution. The policies are integrated into the corporate culture and use a variety of approaches, including hot lines, peer review panels, mediation, and arbitration to resolve disputes. Current research indicates that about 10 percent of American employers have implemented such internal systems.

Alternative Dispute Resolution (ADR)

There are many ways to resolve conflicts – surrendering, running away, overpowering your opponent with violence, filing a lawsuit, etc. The movement toward Alternative Dispute Resolution (ADR), sometimes referred to simply as conflict resolution, grew out of the belief that there are better options than using violence or going to court. Today, the terms ADR and conflict resolution are used somewhat interchangeably and refer to a wide range of processes that encourage nonviolent dispute resolution outside of the traditional court system. The field of conflict resolution also includes efforts in schools and communities to reduce violence and bullying and help young people develop communication and problem-solving skills. Common forms of conflict resolution include:
Negotiation is a discussion among two or more people with the goal of reaching an agreement.
Mediation is a voluntary and confidential process in which a neutral third-party facilitator helps people discuss difficult issues and negotiate an agreement. Basic steps in the process include gathering information, framing the issues, developing options, negotiating, and formalizing agreements. Parties in mediation create their own solutions and the mediator does not have any decision-making power over the outcome.
Arbitration is a process in which a third-party neutral, after reviewing evidence and listening to arguments from both sides, issues a decision to settle the case. Arbitration is often used in commercial and labor/management disputes.
Mediation-Arbitration is a hybrid that combines both of the above processes. Prior to the session, the disputing parties agree to try mediation first, but give the neutral third party the authority to make a decision if mediation is not successful.
Early Neutral Evaluation involves using a court-appointed attorney to review a case before it goes to trial. The attorney reviews the merits of the case and encourages the parties to attempt resolution. If there is no resolution, the attorney informs the disputants about how to proceed with litigation and gives an opinion on the likely outcome if the case goes to trial.
Community Conferencing is a structured conversation involving all members of a community (offenders, victims, family, friends, etc.) who have been affected by a dispute or a crime. Using a script, the facilitator invites people to express how they were affected and how they wish to address and repair the harm that resulted.
Collaborative Law refers to a process for solving disputes in which the attorneys commit to reaching a settlement without using litigation.
Negotiated Rulemaking is a collaborative process in which government agencies seek input from a variety of stakeholders before issuing a new rule.
Peer Mediation refers to a process in which young people act as mediators to help resolve disputes among their peers. The student mediators are trained and supervised by a teacher or other adult.


What Types of Disputes Can Be Addressed Through Conflict Resolution?
Conflict resolution can be used to help resolve almost any type of dispute. Family mediators, for example, help people with divorce, custody issues, parent-child or sibling conflicts, elder care issues, family business concerns, adoption, premarital agreements, neighbor disputes, etc. Other types of conflicts that respond well to alternative dispute resolution include workplace disputes, labor/management issues, environmental/public policy issues, health care disputes, international conflicts, and many others.

How Do I Find a Qualified Mediator?
Mediation is the most commonly used form of ADR and is the service most requested by members of the public. The Association for Conflict Resolution maintains a referral list of family mediators who have met ACR's training and experience criteria. This list is available on the ACR Web site.
Another good source for mediator referrals is www.mediate.com. The ACR Family Section also maintains a list of FAQs that specifically address family mediation issues.
In the future, ACR will expand its referral list to include qualified ACR members that practice in areas other than family mediation.
Court-appointed mediators can be volunteers, salaried court employees, mediators in private practice, or mediators who are affiliated with a local community mediation center.

How Much Does a Typical Mediation Cost?
Solving conflicts through mediation or other ADR processes usually takes less time and costs less money than litigation. Costs vary widely, depending on the complexity of the case and the experience and training of the mediator. Mediators come from a variety of professions, including law, social work, human resources, psychology, education, ministry, and others. Their hourly rate usually reflects their training and years of experience. For example, some mediators may work with low-income clients on a volunteer basis, while others are highly paid lawyers who include ADR as part of their practice.

What Are the Benefits of Mediation?
Mediation allows parties to maintain greater control of their lives and make their own decisions. The process fosters understanding, cooperation, and agreements that work for both parties. It usually costs less money and takes less time than litigation, and compliance with agreements is often higher than with court-imposed judgments. Another primary benefit is privacy. The process is confidential, allowing parties to avoid public disclosure of sensitive information in the courts.

What Training Is Required to Become a Mediator?
There are no national training requirements or credentials for mediators. States vary widely in their approach to regulating the field, with some states choosing to "license" mediators while other states may "register" or "certify." Currently, only four states (FL, NH, TX, VA) have certification programs. There is an increasing trend toward mediator rosters and credentialing programs through professional organizations. For example, Family Mediation Canada has an extensive credentialing program, and ACR maintains a roster of qualified family mediators.
Most new mediators begin with a 40-hour basic training and a 20-hour advanced training. Some people begin their practice by volunteering at a community mediation center or co-mediating cases with an experienced mediator. Others go on to complete an advanced degree and/or certificate program in conflict resolution at a college or university. There are many specialized conflict resolution programs at institutions of higher learning in the U.S., and hundreds more that offer courses related to peace and conflict resolution. For more information about programs in higher education, visit Campus Conflict Resolution Resources or see "Academic Programs" at www.mediate.com. For a list of ACR-approved family mediation trainers, please visit the ACR Web site.
In 2000, COPRED (the Consortium on Peace Research, Education and Development, now merged with the Peace Studies Association into the Peace and Justice Studies Association, or PJSA) produced a Global Directory of Peace Studies and Conflict Resolution Programs, which describes undergraduate and graduate degree and certificate programs at 381 colleges and universities in 42 countries.

How Can I Help My Child Learn Conflict Resolution Skills?
Thousands of K-12 public schools now offer conflict resolution and/or violence prevention programs. These programs take a variety of forms, including efforts to address the problem of bullying, integrating conflict resolution ideas into curricula, using role play to help young people learn skills and practice alternative responses to conflict, and training young people to serve as mediators with their peers.
These programs not only foster safer schools, but also impart positive values and skills (appreciating differences, active listening, empathy, impulse control, anger management, etc.) in the next generation of adults. Some studies also suggest that participation in conflict resolution programs increases academic performance. For example, a study of 20 Cleveland elementary schools with peer mediation programs showed higher test scores on proficiency tests, increased attendance, and fewer suspensions than schools without mediation programs. Recent research underscoring this relationship that was conducted by Roger Johnson and David Johnson of the University of Minnesota can be found at www.ACRnet.org/about/crejohnson.htm.

Many of the best conflict resolution education programs integrate the principles of conflict resolution throughout the entire school curriculum and system, including programs to address issues among students, teachers, administrators, school board members, and members of the community.
Contact your local K-12 school and ask if they offer peer mediation programs or other classroom and school-wide conflict resolution education. If not, you may want to ask the principal to consider instituting such a program. Conflict resolution education information and five useful Fact Sheets are available on ACR's Education Section Web site.
At the higher education level, there are more than 220 university- or college-based mediation and conflict resolution programs across the country. In addition to teaching conflict resolution to students, these programs address many conflicts on and off campus, including student-to-student or student-faculty disputes, university vs. community conflicts, and many more. The Conflict Management in Higher Education Report, edited by William C. Warters, Ph.D., is a useful newsletter that focuses on university- and college-based conflict resolution programs. It can be found at http://www.campus-adr.org/CMHER/Newsletter.html.

How Widespread Is the Practice of Conflict Resolution?
Mediation, arbitration, and other forms of alternative dispute resolution gained popularity in the 1980s and the trajectory of growth has risen steadily ever since. Although programs vary widely, all jurisdictions now have some type of ADR program. Some jurisdictions have mandatory programs, such as requiring disputants in certain cases (such as divorce) to take parenting classes or meet with a mediator to attempt to resolve custody issues. As public awareness of ADR has grown, so has the number of number of mediators working in private practice. While there is no comprehensive data on the number of conflict resolution practitioners, informal estimates put the number of private practitioners in the U.S. at more than 20,000. Some examples of the growing use of ADR include:
• The Alternative Dispute Resolution (ADR) Act of 1998 requires federal district courts to adopt an official ADR program.
• The Federal Mediation and Conciliation Service now employs nearly 200 full-time mediators.
• The U.S Postal Service, the nation's largest employer, conducts over 10,000 mediations a year through its REDRESS program.
• According to the National Center for State Courts, 16 states currently require some form of mandatory mediation, while another 16 have voluntary or discretionary use of mediation in cases involving divorce, child custody, small claims, landlord/tenant disputes, etc.
• The Equal Employment Opportunity Commission currently employs more than 100 full-time mediators to assist with employment discrimination cases.
• The U.S. Dept. of Justice sponsors a national mediation program through the Keybridge Foundation to settle complaints filed under Titles II and III of the Americans with Disabilities Act of 1990.
• The Individuals with Disabilities Act (IDEA), Amendments of 1997 [P.L. 105-17], require state departments of education to provide mediation services to help resolve differences between school systems and families of children with disabilities.
• President Bush has recognized the value of conflict resolution in his National Fatherhood Initiative, which calls for $200 million in grants to community and religious groups to promote fatherhood, marriage education, and conflict resolution.
• According to a 1998 survey by PricewaterhouseCoopers and Cornell University, 88 percent of American corporations had used mediation and 79 percent used arbitration in the previous three years. In addition, over 84 percent said that they were likely or very likely to use mediation in the future, while 69 percent said the same about arbitration.
• In March 2001, the United States Supreme Court focused attention on the growing use of arbitration by businesses in its ruling on the Circuit City Stores v. Adams case. The Court ruled 5-4 that employees cannot sue companies if the employees sign an arbitration agreement when they were hired. In other words, employers can require arbitration to resolve workplace disputes. More than eight percent of American workers are now bound by arbitration agreements as a condition of their employment.
• An increasing number of companies are also trying to create conditions within the workplace that help people resolve their problems quickly and without outside intervention. These employee dispute resolution systems channel employee conflict in constructive directions and encourage early resolution. The policies are integrated into the corporate culture and use a variety of approaches, including hot lines, peer review panels, mediation, and arbitration to resolve disputes. Current research indicates that about 10 percent of American employers have implemented such internal systems.

Monday, December 18, 2006

Understanding the Difference Between Management and Leadership

According to the current wisdom, managers are principally administrators—they write business plans, set budgets and monitor progress. Leaders on the other hand, get organizations and people to change. That's true, as far as it goes, but there is a more useful distinction between management and leadership: Management is a function that must be exercised in any business, leadership is a relationship between leader and led that can energize an organization.
Of course, the management function can include problem solving and facilitating meetings as well as the traditional bureaucratic tasks. However, it is not necessary for the same person in a group to exercise all these tasks. Different people can take on parts of the management function. Someone on a team can do the planning. Another person can do the budgeting. A third teammember can monitor quality. Members of a team can take turns facilitating meetings. The team as a whole can share responsibility for meeting performance targets. In other words, you don't need managers to produce good management.
I have seen a number of cases in which teams have been able to determine for themselves which management tasks they wish to perform as a group, which ones individual team members wish to take on, and which they will delegate to a manager.
If you gave this choice to members of a technical staff, they might decide they wanted a manager to take care of the bureaucratic stuff so they could remain free to do more interesting work —like science!. Typically, technical staff, like professionals in other fields, don't like to evaluate or discipline colleagues. They would rather hire a manager to do that kind of dirty work.
However, at the GE/Durham plant that assembles engines for the Boeing 777, there are 170 employees and only one manager, according to Fast Company (Oct. 1999). There are nine teams, each with only one directive: the day their next engine must be loaded. Teams decide who does which work; they schedule training, vacations and overtime; and they deal with teammates' issues of productivity or lack of work ethic. But this is seldom a problem. Although there are no incentives other than promotion on the basis of skills, technicians are motivated by the work itself, the drive for perfection and pride in supplying one fo the highest-thrust engines in the industry. Teams also send members to a work council that deals with issues such as supplier problems, computer systems and human resource issues, and the like.
And what is the manager’s job? Listening, informing, focussing the teams on costs (during the past 5 years, costs were cut 10 percent per year), and representing the factory to the customer and within GE.
Perceptions of Management
The Dilbert comic strip reminds us that in an age where the young may know more than their elders, technical staff may view managers as people who don't understand technology and who make life difficult for them with demands that make little sense. Perhaps technical teams with Dilbertian managers would be fed up enough to take over the management function.
The manager in the Dilbert strip is a leader only in the sense that members of the technical staff are forced to follow his directions. Of course, ideally a manager is also a leader that people want to follow. In that case, there can be a relationship that strengthens a group and focuses it on meaningful work. The questions we should ask about a business leader who has a following are:
· Why do people follow this leader?
· What should the leader do to make teams and organizations successful?
Here are some answers:
People follow a leader either out of fear or for a mix of positive reasons such as hope of success, trust in the leader, excitement about a project or mission, or the opportunity to stretch oneself to the limit. In this regard, Russell L. Ackoff conceives of a transformational leader as creating an aesthetic vision which inspires people with an ideal of what can be achieved. Warren Bennis describes leaders who make people feel they are the best and can achieve whatever they can imagine.
Leaders can also be dangerous, however, especially charismatic Pied Pipers who seduce people into disastrous adventures. Sometimes it can be hard to tell the difference between a Steve Jobs who promises that the team can be “insanely great” and a demagogue who turns out to be greatly insane.
Management vs. Leadership
A Function A Relationship
• Planning • Selecting talent
• Budgeting • Motivating
• Evaluating • Coaching
• Facilitating • Building Trust
Good Leaders
We need to recognize that there are two kinds of leaders: strategic and operational. The first priority of a strategic leader is to envisage the company’s future and to invest the resources necessary to create it. Operational leaders have the job of implementing the vision.
However, there are four things that both strategic and operational leaders can do to make teams and organizations successful. They are: selecting talent, motivating people, coaching, and building trust.
In Organizing Genius (Addison-Wesley, 1997) Bennis and Patricia Ward Biederman point out that leaders of great teams pick talent on the basis of excellence and ability to work with others. Good leaders are not afraid to hire people who know more than they do. Jack Welch has said that his biggest accomplishment has been finding great people.
In Why Work? (Second edition, Miles River Press, 1995), I suggest thinking about motivation in terms of four Rs: responsibilities, rewards, relationships, and reasons.
A leader should design responsibilities that engage a person’s competence and values. Responsibilities are motivating when they stretch people and are meaningful to them. Responsibilities can engage such intrinsic motivations as exercising one’s abilities, creating something new, helping others and providing value to customers. Which of these meanings is most motivating depends on an individual's personality.
The combination of intrinsic motivation with extrinsic rewards and recognition can produce highly motivated people. Of course, incentives, rewards and recognition should reinforce the kind of behavior needed for the team's success. If you want people to cooperate, you need to reward and recognize successful cooperation.
A good leader also strengthens motivation and develops competence through coaching. In particular, he or she knows how to keep people focussed, recognizing that unless technical staff keep their eyes on priority goals, they will tend to drift into paths that are attractive to them, but not essential for the business.
Good leaders also fire up people by convincing them that their job is vital for the business to succeed. On one hand, people quickly turn off when they feel their work is unnecessary. On the other, they feel motivated even doing simple repetitive work when it is meaningful, like stuffing envelopes for a cause they deeply support.
Developing Trust
Finally, good leaders develop trust by walking the talk, doing what they preach. Unfortunately, it is not always possible to keep promises in today’s unpredictable business environment. The market changes, new competitors upset plans, technological breakthroughs force rethinking strategy. It is not surprising that organizational surveys typically show a large gap in trust for today’s leaders.
In this turbulent climate, leaders can increase trust by promoting transparency and involvement. Transparency means clarifying reasons for decisions, and being open about compensation policy, business results and market information. Professional knowledge workers want to know what the leader knows about what is coming down the road. They also want a say in decisions they are expected to implement. They want to be sure their views are heard and taken into account. Even when they are disappointed by the decisions, knowing they have been heard increases trust, especially when the reasons are explained.
To summarize, companies need good management and great leaders, and efficient function and energizing relationships. Bureaucracies are typically overmanaged and underled, resulting in bored, unmotivated employees. Start-ups are often intensely led and undermanaged, so that enthusiasm leads to unplanned problems, overspending and missed deadlines.
There are many different ways to exercise the management function and people are willing to follow different leadership styles. Although there are many good examples of management and leadership, there is no one best way. You can get good ideas from observing successful companies, but you need to design your own management function by involving teammembers, and developing your own way of inspiring people to follow you.

The Difference Between Management And Leadership

Leadership and management are two notions that are often used interchangeably. However, these words actually describe two different concepts. Here I shall discuss these differences and explain why both terms are thought to be similar.
Leadership is a facet of managementDifferences In PerspectivesSubordinate As A Leader Loyalty The Leader Is Followed. The Manager Rules Management Knows How It Works Conclusion References

Leadership is a facet of management
Leadership is just one of the many assets a successful manager must possess. Care must be taken in distinguishing between the two concepts. The main aim of a manager is to maximise the output of the organisation through administrative implementation. To achieve this, managers must undertake the following functions:
· organisation
· planning
· staffing
· directing
· controlling
Leadership is just one important component of the directing function. A manager cannot just be a leader, he also needs formal authority to be effective. "For any quality initiative to take hold, senior management must be involved and act as a role model. This involvement cannot be delegated."
In some circumstances, leadership is not required. For example, self motivated groups may not require a single leader and may find leaders dominating. The fact that a leader is not always required proves that leadership is just an asset and is not essential.
Differences In Perspectives
Managers think incrementally, whilst leaders think radically. "Managers do things right, while leaders do the right thing." . This means that managers do things by the book and follow company policy, while leaders follow their own intuition, which may in turn be of more benefit to the company. A leader is more emotional than a manager . "Men are governed by their emotions rather than their intelligence" . This quotation illustrates why teams choose to follow leaders.
"Leaders stand out by being different. They question assumption and are suspicious of tradition. They seek out the truth and make decisions based on fact, not prejudice. They have a preference for innovation."
Subordinate As A Leader
Often with small groups, it is not the manager who emerges as the leader. In many cases it is a subordinate member with specific talents who leads the group in a certain direction. "Leaders must let vision, strategies, goals, and values be the guide-post for action and behaviour rather than attempting to control others."
When a natural leader emerges in a group containing a manager, conflict may arise if they have different views. When a manager sees the group looking towards someone else for leadership he may feel his authority is being questioned.

Loyalty
Groups are often more loyal to a leader than a manager. This loyalty is created by the leader taking responsibility in areas such as:
· Taking the blame when things go wrong.
· Celebrating group achievements, even minor ones.
· Giving credit where it is due.
"The leader must take a point of highlighting the successes within a team, using charts or graphs, with little presentations and fun ideas"
"Leaders are observant and sensitive people. They know their team and develop mutual confidence within it."

The Leader Is Followed. The Manager Rules
A leader is someone who people naturally follow through their own choice, whereas a manager must be obeyed. A manager may only have obtained his position of authority through time and loyalty given to the company, not as a result of his leadership qualities. A leader may have no organisational skills, but his vision unites people behind him.


Management Knows How It Works
Management usually consists of people who are experienced in their field, and who have worked their way up the company. A manager knows how each layer of the system works and may also possess a good technical knowledge. A leader can be a new arrival to a company who has bold, fresh, new ideas but might not have experience or wisdom.
Conclusion
Managing and leading are two different ways of organising people. The manager uses a formal, rational method whilst the leader uses passion and stirs emotions. William Wallace is one excellent example of a brilliant leader but could never be thought of as the manager of the Scots!

References
Daniel. F. Predpall, ‘Developing Quality Improvement Processes In Consulting Engineering Firms’, Journal of Management in Engineering, pp 30-31, May-June 1994
Richard Pascale, ‘ Managing on the Edge’, Penguin Book, pp 65, 1990
John Fenton, ‘ 101 Ways to Boost Your Business Performance’, Mandarin Business, pp 113, 1990
John Fenton, ‘ 101 Ways to Boost Your Business Performance’, Mandarin Business, pp 113, 1990
Daniel. F. Predpall, ‘Developing Quality Improvement Processes In Consulting Engineering Firms’, Journal of Management in Engineering, pp 30-31, May-June 1994
John Fenton, ‘ 101 Ways to Boost Your Business Performance’, Mandarin Business, pp 114, 1990
John Fenton, ‘101 Ways to Boost Your Business Performance’, Mandarin Business, pp 113, 1990