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IEG-7300 v1

Educational Conflict, Mediation, and Resolution

Week 2 Resources

Required Resources / Curated OER

International Arbitration - the Meaning of Arbitration and Its History
Ahmedi, B. (2021). International arbitration - the meaning of arbitration and its history. Vizione, 36, 129–143.
The author details the history of arbitration from the first recorded case of international arbitration that took place in the third millennium BC in Mesopotamia to the treaties and conventions of modern times that govern arbitration from an international perspective. 

Seven Benefits of Mediation Programs in Higher Education Institutions
Matthews, K. (2019). Seven benefits of mediation programs in higher education institutions. Mediate.com. 
This resource will be helpful if your area of emphasis in IEG is higher education. 

IDEA Special Education Mediation (2020) CADRE
Video: IDEA special education mediation (2020) CADRE. 
While specific to mediation in U.S. Special Education cases, this short video provides a good overview of the mediation process and the considerations that should be made when deciding upon mediation.

The New York Convention
Video: The New York Convention
This short video overviews the 60+ years of the New York Convention from its origins in the Geneva Convention to present day.  This multinational agreement in arbitration is often referred to as the most successful treaty in private international law. 

The National University Academic Success Center (ASC) provides students with assistance in many areas (including APA)  through self-tutorial, group sessions, and 1:1 coaching. 

Optional Resources

This section includes a variety of topics areas to help you narrow your scenario search depending on your specialty or interest area in IEG. Note that the general topic areas of each article are in bold.

Campus Conflict Resolution: The Time Has Come for Mandatory Mediation
Bienstock, J. E. (2019). Campus conflict resolution: The time has come for mandatory mediation. Journal of Business & Behavioral Sciences, 31(1), 36–47.
Some universities have incorporated voluntary mediation into their campus conflict resolution process, yet many have not. The author suggests going a step further and explores the possible advantages and disadvantages of utilizing a mandatory mediation process to resolve disputes addressing the interests of both the student and university mitigating the risk of avoidable litigation. The author proposes research to study whether universities would consider making student enrollment in the university conditioned on agreeing to submitting all campus conflicts to mediation.

Utilizing Mediation to Resolve Campus Conflict: The Sky Is Not the Limit
Brown, A. L., Bienstock, J. E., & Swid, A. (2021). Utilizing mediation to resolve campus conflict: The sky is not the limit. Journal of Business & Behavioral Sciences, 33(1), 118–129.
Universities have turned to mediation as an alternative conflict resolution tool: a tool that affords both parties the ability to resolve their conflict in an environment where confidentiality may be preserved, and relationships salvaged. Mediation affords disputants the opportunity to voluntarily formulate win/win outcomes addressing their respective needs. However, mediation is not suited for all disputes arising on campus. For instance, in cases involving criminal assault, searching for a mutual agreement between the victim and the perpetrator is not feasible. Similarly, where a university expels a student for cheating or plagiarism, the university may have an institutional interest in proceeding to court so that it may vindicate its position and establish a precedent for future disputes. 

Predicting Factors of Trust on Community-Based Dispute Resolution: Evidence from Azad Jammu & Kashmir
Khan, M. F., Akram, M. B., Abbas, Z., & Khan, M. A. (2021). Predicting factors of trust on community-based dispute resolution: Evidence from Azad Jammu & Kashmir. Ilkogretim Online, 20(6), 448–455.
This article exemplifies the need for Alternative Dispute Resolution in Pakistan for community-based dispute resolution. 

Hidden in Plain View: The Impact of Mediation on the Mediator and Implications for Conflict Resolution Education
Malizia, D. A., & Jameson, J. K. (2018). Hidden in plain view: The impact of mediation on the mediator and implications for conflict resolution education. Conflict Resolution Quarterly, 35(3), 301–318.
Middle and high school students trained to be peer mediators experience improved communication skills, increased empathy, enhanced self‐esteem, and improved academic performance. Yet scholars have not examined whether these benefits extend to mediators in other contexts. This article presents empirical evidence and theoretical support for the inference that mediation training and practice have a positive impact on the emotional well‐being of the mediator. Given the documented increase of mental health challenges in today's society, this largely untapped potential of mediation to improve the well‐being of the mediator has significant implications for conflict resolution education.

The Evolution of Alternative Dispute Resolution Practices by Residential Conduct Officers
Miele, A. N., & Hamrick  F. A. (2019). The evolution of alternative dispute resolution practices by residential conduct officers. Journal of College & University Student Housing, 45(2), 14–29.
This article highlights the evolution, use, and efficacy of ADR model in university-level residential student settings.  If your interest is in higher education and/or student support, this article may be relevant to your created scenarios.

Mediation in Education for Harmonization of International Relations in a Multicultural Environment of Krasnoyarsk Region
Smolyaninova, O. G., & Popova, J. V. (2019). Mediation in education for harmonization of international relations in a multicultural environment of Krasnoyarsk Region. ARPHA Proceedings, 1215.
This article examines the Krasnoyarsk (Russia) schools' use of mediation procedures. The problematic aspects of the introduction of mediation in the multicultural educational environment of the region were characterized. The deficiencies of teacher education in terms of the development of migration processes in Russia were identified, among which the most acute is a shortage of mediation techniques use for the prevention and resolution of intercultural conflicts at all levels of education due to the lack of mediation specialists and practitioners. 

The Center for Appropriate Dispute Resolution in Special Education
CADRE is funded by the Office of Special Education Programs at the US Department of Education to serve as the National Center on Dispute Resolution in Special Education. CADRE is tasked with delivering high-quality technical assistance, informational support, and other services primarily to state education agencies, early intervention lead agencies, and federally-funded parent centers. CADRE also offers TA to local education agencies, early intervention providers, dispute resolution practitioners, families, and other stakeholders. While CADRE is U.S.-specific, special educators should be aware of the materials available here as there are many resources that can be used in U.S. schools and elsewhere.

Scheinman Institute on Conflict Resolution - An Overview
Scheinman Institute on Conflict Resolution - An Overview (May, 2020) 
The Scheinman Institute trains more students in mediation and arbitration than any other US School. On this site you can find an area dedicated to mediation and arbitration in education.