Mediation Report
Bettina Brown writes, “The goal of conflict
management is to empower workers to resolve their own differences of opinion
before those differences escalate into a conflict.” Adults and children, alike,
need to learn to resolve differences before a situation becomes a true conflict.
Many times, these differences are not dealt with in a healthy manner and
immediately arise in conflict that requires mediation. Many factors can be the
cause of conflict, one of the most prominent being a lack of honest
communication. Conflict resolution is a means of solving a dispute between
individuals through communication. This type of resolution allows for
conversation and is acquired through the guidance of a mediator. The mediator channels
the conversation, allowing participants to express viewpoints and ask
questions. Both parties suggest possible solutions and then agree to put a solution
into action.
The following case describes a conflict between two
parties, Ms. Valerie Simmons and Professor Henry Peterson. Both have differing
ideas of the characteristics of a student/teacher relationship. Both discover
that honesty and understanding play a major role in resolving the conflict.
Title:
Faculty-student conflict: sexual harassment?
Date of Mediation Session:
Description of the Disputants:
Ms. Valerie Simmons:
Ms. Simmons is a student at the local university. She is enrolled in Professor
Peterson’s course. She is a serious student who has many plans for the future.
Summary of Ms. Simmons’ story:
Ms. Simmons is a concerned student who likes to
receive feedback from her professors and has been seeking feedback from Prof.
Henry. She has begun to feel uncomfortable with Prof. Peterson’s treatment when
assisting her and has wondered if Prof. Peterson was interested in more than
assisting on assignments. She is concerned with the issue of sexual harassment
and does not want to become a victim. She was only interested in seeking
assistance from Prof. Peterson to become better educated through his class.
Clarifying Questions asked by Professor Peterson:
Professor Peterson asked, “I
only wonder why she has never discussed her concerns with me?” Ms. Simmons’
reply stated that she was nervous about it and was afraid that it would affect
her grade. Professor Peterson concluded by stating that he was under the
impression that he and Ms. Simmons were to be honest with one another.
Summary of Professor Peterson’s story:
Professor Peterson shared that he is a professor of
education who loves his job. He greatly enjoys working with students and has
had much success as a teacher. He prides himself on being available for his students
and that Ms. Simmons was one student who often needs his help - which he was
happy to give. As both had spent more time together, Professor Peterson had
become more comfortable in the relationship with Ms. Simmons. Ms. Simmons, in
fact, reminded him of a friend of his daughters who was very pretty. Professor
Peterson had complimented Ms. Simmons on her looks and had felt that ladies
these days are sensitive to certain compliments. A few weeks ago, he noticed
that Ms. Simmons had become standoffish. Ms. Simmons stopped coming to his office
for help and speaking to him in casual situations. He is surprised to be
summoned to the mediation session. He is concerned about the implications this
situation/accusation could have on his tenure at the university and his career.
During this time, Ms. Simmons referred to a conversation
held between herself and another student, Monica, whom the professor had
contact with. Monica informed Ms. Simmons that she had had the same issue with
Professor Peterson. In Monica’s situation, Professor Peterson invited Monica
back to his place. Ms. Simmons voiced concerns of this address being made to
her and did not understand why Professor Peterson would display those actions
toward Monica. Professor Peterson adamantly stated that he did not think it
appropriate to discuss another student without the student’s presence at the
mediation session. Professor Peterson did inform the group that his relations
with Monica were “much much more than just a friendly banter” and that “what
happened between Monica and I is a completely different circumstance.”
Possible Solutions Offered by Disputants:
Ms. Simmons stated that she
can be more honest with Prof. Henry and discuss any concerns that she may have
with the relationship.
Professor Peterson stated
that he will try to stop using pet names with his students.
Ms. Simmons has the idea for
both parties to audio record the sessions when they meet. Professor Peterson
agrees Ms. Simmons idea.
Statement of the Resolution Package:
Both parties agreed to be
honest and communicate. There would be no more pet names. Also, sessions
between professor and student would be tape recorded by both parties. Both
parties answered yes to this solution.
Narrative Critique of the Mediation:
Mediation is a complex process. The case at hand,
concerning sexual harassment, was not easily resolved. It is difficult to
alleviate hurt feelings and misunderstandings. Overall, the mediation went well
and was resolved. There were a few instances that proved somewhat difficult.
We began the mediation with an introduction by the
mediator addressing the reason for the mediation and what hopefully would be
accomplished through the mediation. Both disputants were asked to agree to
certain rules before beginning as a hopeful reminder of the respect that is
required through the process. After this agreement, the mediator asked for a
volunteer to go first. Ms. Simmons volunteered to state her case first. This
did not take Ms. Simmons long. She expressed her concerns of sexual harassment
upfront. Professor Peterson then wondered why this issue was not made known to
him by Ms. Simmons. He felt that there was a lack of honesty in the matter. Ms.
Simmons expressed why this was so by stating she was nervous about it and was
worried that her grades would suffer.
Professor Peterson then took the opportunity to relay his
side of the story. He expressed his love for teaching and concern for his
students first. He made it known that he takes his job very seriously. He also made
it known that he was not afraid to give a compliment to a pretty girl. He stated
that he may be old-fashioned in the fact that compliments are taken as
something negative/threatening in the present day and that compliments can
cause misunderstandings. Ms. Simmons rebuked his story by bringing in an
acquaintance’s (Monica’s) accusations against Professor Peterson. Ms. Simmons
was genuinely concerned that what happened to her friend, Monica (being asked
to spend the night), could happen to her. Professor Peterson became agitated in
the fact that another student was brought into the matter without her presence
at the mediation session. This was a difficult moment in the mediation session
because other parties and their experiences with the accused should not have
been mentioned, though they were an honest concern of Ms. Simmons. The mediator
was asked the rules on this matter and stated that the goal of the session was
to resolve the conflict at hand between the two disputant present. Though what
happened to her friend was a concern of Ms. Simmons, it should not play a role
in the mediation session. Professor Peterson avidly pointed out that Ms.
Simmons did not know both sides of the story and that it was basically none of
her business. He did make it known that his relationship with Monica was of a
different kind than his relationship with Ms. Simmons.
The story of Monica is a natural concern for Ms. Simmons
but should not have been addressed in this mediation session. This could have
been improved by stating in the rules at the beginning of the session to agree
to speak only of the conflict between the two parties present at the mediation
session. The situation with Monica may require the attention of other
professionals to resolve the issues between all three parties. Perhaps another mediation session is needed
between Monica and Professor Peterson to address the issues in that situation.
After agreeing to leave Monica out of the session, the
two were able to honestly address their concerns. Both stated several options
for solutions and agreed upon being honest with each other, no pet names and
audio recording sessions when Ms. Simmons needed to meet with Professor
Peterson for extra help. The solution went very smoothly. Both had kind words
for the other and agreed rather quickly. Overall, the conflict between Ms.
Simmons and Professor Peterson seemed to be resolved quickly and smoothly.
For this case, the role of the mediator took on a
facilitative manner. Foster informs us that “the
facilitative mediator asks questions; validates and normalizes parties’ points
of view; searches for interests underneath the positions taken by parties; and
assists the parties in finding and analyzing options for resolution. A mediator
using this style is completely neutral. He or she does not give advice,
recommendations or opinions.” The mediator takes on a quiet role, allowing the
disputants to offer their own solutions to the problem.
References:
MEDIATION LOG
Pat: This mediation session has been called to help resolve
the conflict between Ms. Valerie Simmons and Professor Peterson.
Pat: My name is Pat Urbane and I have been assigned to your
case through PeaceWorks, Inc.
Pat: We will be discussing the harassment accusations at
hand in this case. We have a few guidelines that participants must abide by
during this mediation session.
Pat: Please answer yes if you agree to abide by the
following rules - No interrupting, no name calling or put downs, be honest and
agree to solve the problem
Prof. Henry: Yes, I agree
Valerie: Yes
Valerie: I will begin!
Prof. Henry: Ok
Pat: Great. Please state what happened, why it is a conflict
and how you feel about it.
Valerie: Ok, I have always been a student that likes to
receive a lot of feedback from my professors in order to become a better
student and better educated.
Valerie: When I began Prof. Henry's class, there were times
where I needed some feedback and some help on some of the assignments that I
was given.
Valerie: At first, Prof. Henry seemed to be just another
genuine guy, however during the past few meetings, I have begun to feel
uncomfortable with how he was treating me.
Valerie: He has referred to me as a sweet and beautiful girl
too many times. I am starting to wonder if he is interested in more than just
assisting me on my assignments.
Valerie: I am concerned about this because I know that
sexual harassment is a very common thing these days and I do not want to become
a vicitim of it.
Valerie: The only thing that I am interested in with Prof.
Henry is seeking his assistance to become better educated through his class.
Valerie: Is that enough to state my side?
Pat: Yes, Ms. Simmons that will be fine. Let me restate your
concerns.
Pat: You are a concerned student who likes to receive
feedback from your professors and you have been seeking feedback from Prof.
Henry. You have begun to feel uncomfortable with his treatment when assisting
you and have wondered if Prof. Henry was interested in more than assisting on
assignments. You are concerned about sexual harassment and do not want to
become a victim. You are only interested in seeking assistance from Prof. Henry
to become better educated through his class
Valerie: Yes, that is correct. Perfectly restated!
Pat: Prof. Henry, Ms. Simmons has stated her case and
feelings on the matter at hand. Do you have any questions for Ms. Simmons to
clarify any statements she has made?
Prof. Henry: I only wonder why she has never discussed her
concerns with me
Pat: Ms. Simmons would you like to address this?
Valerie: Honestly, I think I was a little nervous about it.
I guess I was afraid that it would affect my grade, which probably sounds
stupid.
Pat: Prof. Henry, does this answer your question and would
you like to comment?
Prof. Henry: Yes, this answers my question well enough. My
only comment is that I was under the impression that Valerie--Ms. Simmons and
we able to be honest with each other. I'm sorry that I intimidated you.
Prof. Henry: *Ms. Simmons and I were*
Prof. Henry: Pardon me, I'm still getting used to all these
computers everywhere
Pat: Thank you Prof. Henry. Would you please, from your
point of view, state what has happened between Ms. Simmons and yourself, why it
is a conflict and how you feel about it
Prof. Henry: Sure, I'd be happy to
Prof. Henry: I have been, over the last 25 years, working
very hard at become the best professor I am capable of. I love education and I
love teaching. Working with students is one of the greatest joys of my life,
and something I feel I'm pretty good at, as my success in the education field
will no doubt attest to.
Prof. Henry: Part of my success relies on, in a large part I
think, being available for my students. Ms. Simmons is a student who often came
in for help, and I always was available to help her.
Prof. Henry: As we spent more time together, we became more
comfortable in our relationship, or so I thought. She reminded me of a friend
of my daughter's from many years ago.
Prof. Henry: Just like my daughter's friend, Ms. Simmons is
an extremely pretty young girl, and I guess I figured that there was little
harm in telling her as much.
Prof. Henry: You know, when I was first teaching, we always
had pet names for our students and no one ever thought anything of it--it was a
term of affection, of friendship between a teacher and a student. These days,
however, I am coming to understand that the ladies are just so sensitive to
names like that.
Prof. Henry: Anyway, a few weeks ago, I started noticing
that Ms. Simmons became a bit standoffish. I wasn't sure what the problem was,
but I never fancied it had anything to do with me since we seemed to be on good
terms with one another.
Prof. Henry: She stopped coming to my office for help, she
stopped saying hi to me in the lecture halls and classrooms, and the next thing
I know, I being summoned to a mediation session.
Prof. Henry: Having worked so hard on my carreer and being a
professor that the student enjoy learning from, I worry a great deal about the
implications this could have on my tenure here at the university as well as my
career as a professor.
Prof. Henry: And that pretty much is my case. Have I been
clear enough, or do you need clarifications?
Pat: Thank you Prof. Henry. Let me briefly restate what you
have said and we will ask Ms. Simmons if she has any questions.
Prof. Henry: Ok,
Pat: You have shared that you are a professor of education
who has loved his job. You greatly enjoy working with students and have had
much success as a teacher. You pride yourself on being available for your
students and that Ms. Simmons was one student who often needed your help -
which you were happy to give. As you both spent more time together, you had
become more comfortable in your relationship. Ms. Simmons, in fact, reminded
you of a friend of your daughters who was very pretty. You complimented Ms.
Simmons on her looks and felt that ladies these days are sensitive to certain
compliments. A few weeks ago, you noticed that Ms. Simmons had become
standoffish. Ms. Simmons stopped coming to your office for help and speaking to
you in casual situations. You were surprised to be summoned to this mediation
session. You are concerned about the implications this situation/accusation
could have on your tenure at the university and your career.
Prof. Henry: That is exactly it. Well stated!
Pat: Ms. Simmons, do you have clarifying questions for Prof.
Henry?
Valerie: I do.
Pat: please ask when you are ready
Valerie: Instead of coming to discuss this with Prof. Henry,
I chose to talk to an acquaitence of mine, Monica. She has had Prof. Henry and
she informed me that she has had the same issue.
Valerie: However, in her situation, Prof. Henry actually
invited Monica back to his place. I am petrified of this happening with me and
I do not understand why he would do that.
Pat: Prof. Henry, would you like to comment on this?
Prof. Henry: I would
Prof. Henry: First and foremost, I am disappointed that
someone as bright and business minded as you are, Ms. Simmons, would only look
at once side of a story before reaching a conclusion.
Prof. Henry: Next, I am hesitant to talk about what happened
between Monica and I during this mediation session, since the current problem
is between you and I, Ms. Simmons, not her and I. In fact, Ms. Urbane, what are
the rules regarding this matter? I certainly have nothing to hide, though I
feel a bit uncomfortable talking about a student who is neither present, nor
aware of the course of our discussion.
Prof. Henry: If you don't mind, I will wait for a reply
before continuing.
Pat: The purpose of this mediation session is to agree to
solve the problem at hand between the two disputants present.
Prof. Henry: Then I will generally state this, and I do hope
it will suffice: what happened between Monica and I is a completely different
circumstace, of that I assure you. It was much much more that just a friendly
banter.
Pat: Ms. Simmons do you have any more questions for Prof.
Henry?
Valerie: No.
Pat: Okay. Well let's continue with our goal of this session
- to come to an agreement.
Ms. Simmons, what can you do to resolve the parts of this
conflict that you are responsible for?
Valerie: Well, I can be more honest with Prof. Henry and
come discuss any concerns that I may have with the relationship that we have.
Pat: Okay. Prof. Henry, what can you do to resolve the parts
of the conflict that you are responsible for?
Prof. Henry: I come from a different time. I guess I have
been so focused on growing as a professional that I have negelcted to
acknowldge that I can no longer use pet names with my students. The last thing
I ever wanted to do was to make Ms. Simmons uncomfortable. So I will try to
stop using pet names with my students.
Pat: Overall, what do you both think will be the best plan
of action? Ms. Simmons states that she can be more honest and discuss concerns
she has directly. Prof. Henry states that the use of pet names are not
appropriate. Any other thoughts?
Valerie: I have what I would consider a very reasonable
request.
Prof. Henry: Please share it. I would like to continue being
a trusted professor.
Valerie: If in fact Prof. Henry does not have any other
intentions other than doing the best that he can at his job, I would like to
audio record our sessions when we meet.
Valerie: But to be fair, I would like for both of us to have
a tape recorder so neither one of us can cheat the other.
Pat: Okay. What do you think about this Prof. Henry?
Prof. Henry: I would absolutely agree that this is a great
plan. I would be more than willing to record our sessions. And I appreciate
that Ms. Simmons is not only concerned with being fair, but also that she is
willing to continue receiving help.
Pat: Excellent. Anything else? If not, I will summarize our
solution.
Prof. Henry: She always has been such a fair-minded,
professional student.
Valerie: Thank you for doing this Prof. Henry! You have no
idea what a relief it has been.
Prof. Henry: Nothing else, I am satisfied with our solution.
Thank you as well Ms. Simmons. I am truly sorry to have given you the wrong
impression.
Prof. Henry: I have always looked forward to our
discussions--your way of thinking has challeneged me and helped me grow, I
would have hated for these sessions to end.
Valerie: You have been an outstanding teacher and I feel
honored that we can continue to learn from each other.
Pat: Great. You have both agreed to be honest and
communicate. There will be no more pet names. Also, sessions between professor
and student will be tape recorded by both parties. Please answer yes if you
agree to this solution.
Prof. Henry: That means a lot, Ms. Simmons
Prof. Henry: Yes, absolutely
Valerie: Absolutely!
Pat: Great! I feel that this mediation session was very
productive. Thank you both for being cooperative and respectful!
Congratulations!
Valerie: Thank you!
Prof. Henry: Thank you much, Ms. Urbane, for helping us in
the conflict--I am happy that Ms. Simmons and I can continue our discussions.
Thanks for your time!!
Valerie: Yes, thank you for being here to help us discuss
our issues without any hostility and disrespect.
Pat: Thanks to you both!