I. Assessment and Entry
Disputants file a case by calling or emailing UMS or by filling out the Intake form and submitting it either in person or by email. A mediation session with two (2) trained UMS mediators will be arranged by the Director of Cases, as long as both parties are willing and at least one is a student at UVa. Before the mediation can proceed, both disputing parties must fill out an Agreement to Mediate form expressing their voluntary consent for the mediation to be performed.
II. Introduction
In the introductory phase, the mediators will state the purpose of the mediation, explain their role as mediators, and ensure confidentiality. They will also explain the process and establish ground rules (e.g. refraining from abusive language and speaking one at a time). The purpose of the introduction is to establish trust and open, honest rapport while setting a positive structure for resolution of the conflict.
III. Storytelling
Each party gets the chance to tell his or her version of the dispute and explain the effect it has had on him or her:
- The disputant who initiated the case describes the situation uninterrupted from his or her perspective while the other disputant listens.
- A mediator paraphrases the content and emotions briefly, but with empathy.
- The second disputant describes the situation as he or she sees it.
- A mediator paraphrases the content and emotions for the second disputant.
- The mediators will offer each person opportunities to add further details and clarification or invite the disputants to ask questions of each other.
- The cycle is repeated as many times as necessary in order to identify the issues, note commonalities, and focus concerns.
The main goal for the storytelling phase is to enable the parties to understand one another, both the facts and the feelings, and to identify the issues causing the dispute.
IV. Problem Solving
With the help of the disputants, the mediators create a list of problems or issues of concern and then prioritize the list (when appropriate). The disputants then brainstorm possible solutions to the issues, which the mediators will record and help assess. It is important to note that, while the mediators may offer solutions, the disputants ultimately make the decisions about solutions appropriate for them.
V. Agreement
The parties and mediators review the agreement, if reached, to see that it is clear, realistic, balanced, and specific, in terms of both what will be done and when it will be done. Written agreements can help prevent future misunderstandings as to who agreed to do what and address handling possible future problems. Both parties sign the final written agreement, and each party receives a copy.
If the mediation session ends without resolution of the conflict, the case is open for re-mediation or students may choose to consult another source, such as Student Legal Services or the Office of the Dean of Students, for dispute resolution.
VI. Implementation and Follow-up
Two weeks after the mediation session, the Director of Cases sends an evaluation form to the disputants requesting feedback about the mediation and mediators. And if the problems persist, the parties may re-mediate or consult other resources on Grounds (see part V).
