UNIVERSITY MEDIATION SERVICES
University of Virginia

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UNIVERSITY MEDIATION SERVICES BY-LAWS

Article I. Name

These articles shall be the Bylaws of University Mediation Services of the University of Virginia, Charlottesville, Virginia.

Article II. Authority

A. University Mediation Services is empowered to mediate conflicts as specified in Article II of the Constitution of University Mediation Services.

B. University Mediation Services is empowered to co-mediate conflicts within Residence Life of the University of Virginia.

Article III. Organization

A. University Mediation Services is composed of all student mediators and educators. The mediators are responsible for mediating cases and the educators are responsible for educating the University community about the uses and tools of mediation, as well as University Mediation Services. Both mediators and educators shall fulfill the duties required of them by the Executive Committee.

B. Both mediators and educators shall be selected according to the procedure specified in Article VI of the Constitution of University Mediation Services.

C. All mediators shall be trained according to the process outlined in Article VII of the University Mediation Services Constitution. Educators shall be trained as the Executive Committee and general body deem necessary.

D. The Executive Committee shall follow the selection process and adhere to the duties specified in Article V of the Constitution of University Mediation Services.

1. The Executive Committee must be elected by a majority vote at a meeting that meets quorum. Quorum constitutes one fourth of the members of University Mediation Services.

E. If an Executive Committee member can no longer fulfill his or her duties or resigns from office, a new officer must be selected by a majority vote at a general body meeting that meets quorum.

1. The new officer must be deemed a member in good standing by standards set by the executive committee.

2. Until a new officer can be selected, the other members of the Executive Committee shall fulfill the duties of the vacated position.

Article IV. Case Procedure

A. The procedure for cases filed with University Mediation Services shall be as follows:

1. Upon initial contact with University Mediation Services, a member of University Mediation Services shall complete a "Case Intake" form.

2. After notification, the case will be under the jurisdiction of the Director of Cases, as specified in Article V, section A, of the Constitution of University Mediation Services.

3. If the case reaches mediation, the disputants shall complete an "Agreement to Mediate" form expressing their voluntary consent for the mediation to be performed.

4. The mediation will be performed by two mediators of University Mediation Services with an allotted two hour session. If the mediation is not completed at the end of the two hours, the disputatns may choose to continue for a longer interval, to reschedule, or to terminate the mediation process, in accordance with the availability of the mediators. In both the options of continuing the session or rescheduling it, the two mediators on the case must remain the same.

5. If at the end of the mediation, the disputants wish to have their agreement in writing, they may sign a "Memorandum of Agreement," which will be written with the aid of a mediator and will detail the terms of the agreement.

a. The disputants may waive their right to complete or sign the "Memornadum of Agreement."

b. If the disputants wish, they may seek outside counsel before signing the "Memorandum of Agreement."

c. As an affliated organization with the University Judiciary Committee at the University of Virginia, University Mediation Services is vested with the authority of the University of Virginia. Therefore all contracts of University Mediation Services have the authority of the University of Virginia and as such may be used in legal proceedings.

6. After the mediation session, an evaluation process shall be undertaken by University Mediation Services.

a. The mediators who facilitated the session shall compose a debriefing immediately following the session. The debriefing shall include, but not be limited to; duration of the mediation, the stages completed, whether a written agreement was drafted, the initial source of conflict, if it exists, and the overall impressions of the mediators. The Director of Cases shall then file the debriefing.

b. The Director of Cases shall complete a "Case Referral Form" if the case was referred from another department within the University of Virginia.

c. Two weeks following the mediation session, the Director of Cases shall send an evaluation of the mediation and mediators form to the disputants.

B. Cases co-mediated with Residence Life, as granted in Article II, section B, of the bylaws of University Mediation Services, shall follow as detailed for all other cases; however, an intake form unique to Residence Life shall be used.

Download: By-Laws

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Copyright, The University Mediation Services 2009

Last modified: September 2009