BAADR REPORT 2006
 
Meeting with His Excellency Ambassador John Beyrle
08.02.2006
Peer Mediation
In the beginning of 2004 BAADR - Plovdiv with the financial support of USAID developed an entirely new approach to dispute resolution in education through mediators in schools.


This new approach does not eliminate the existing means for dispute and controversy resolution in education. It adds to and enriches the possibilities available in schools to ensure the necessary conditions and to create a suitable environment for a possible best quality education.

Since 2004 50 students aged from 14 to 18 from various schools in Plovdiv have been trained under this program.

Since the beginning of 2006 Dragan Manchov Secondary School in Plovdiv has had its own team of mediators. In that school disputes between students, teachers and parents are solved through mediation. 20 mediators - teachers and parents - have been trained and acquired the qualification of mediators according to the established standards and have been registered in the Unified Mediators Register at the Ministry of Justice.

The SCHOOL MEDIATOR makes it possible to resolve disputes regarding education with the help of a NEUTRAL TO THE DISPUTE and INDEPENDENT FROM THE PARTIES PERSON - THE MEDIATOR, who UNBIASLY helps the parties to reach MUTUALLY ACCEPTABLE AGREEMENT in a VOLUNTARY and CONFIDENTIAL PROCEDURE, in which the parties have EQUAL POSSIBILITIES to defend their interests and satisfy their demands.


With the active participation of all interested groups /students, teachers, parents, principals, counselors/ each school can determine according to its own needs the scope of issues to be referred to mediation, and the principles for the choice of a mediator for each specific dispute.


WHO IS "THE SCHOOL MEDIATOR"?

The school mediator is a SPECIALIZED MEDIATOR - one who mediates in disputes related to or originated during the process of education among people participating in it.

In their work mediators apply the general principles of mediation:
- GOOD WILL - the parties participate voluntarily and are free to put an end to their participation, or to reach a voluntary agreement on their dispute.
- NEUTRAL BEHAVIOR - the school mediator does not take parts or impose an agreement, he just helps the parties to reach such an agreement.
- CONFIDENTIALITY - issues discussed during mediation are confidential and can be made public only if the parties agree to that, or in cases stipulated by the law.
- EQUALITY - the school mediator provides equal possibilities for the parties participating in mediation.
- UNBIASED ATTITUDE - the school mediator is unbiased as to the position of each party and treats them with equal respect, does not show any preference or give any advice.
- INDEPENDENCY - the school mediator does not depend on any of the parties as to administrative, family, contract or any other way.

The school mediator works under SPECIFIC CONDITIONS:

- SUBBORDINATION BETWEEN THE PARTIES - one of the parties may have administrative or parental/governor authority over the other. The mediator, who is to provide equal position for each party in the dispute, should neutralize this misbalance.
- UNDERAGED ARE PARTIES IN THE DISPUTE - this imposes the need of special preciseness and attention in the approach, so that the difference in maturity and experience be taken into consideration and the principles of equal, unbiased and neutral attitude be applied.
- THE AIM IS A BETTER QUALITY COMMUNICATION AMONG PARTICIPANTS IN EDUCATION - the procedure is aimed at making education easier, not more difficult. It is to solve issues that do not have a simple solution according to regulations and should be solved by a party in the dispute. /When one of the parties in the dispute is bound by a compulsory superior regulation working in conditions of operational independence, the one providing the regulation should be institutionalized as a party in the dispute/.


WHO CAN BE A SCHOOL MEDIATOR?

A school mediator can be an able person with the necessary for a mediator qualification. The mediator should meet the requirements of the Law on mediation and be registered in the Unified Mediators Register at the Ministry of Justice. Knowledge of the specific nature of relations at school and experience in work with underage people are necessary.


The mediator chosen to resolve a particular dispute should be approved by both parties and should not have a personal interest in the subject of the dispute.

WHAT KIND OF DISPUTES CAN BE RESOLVED THROUGH A SCHOOL MEDIATOR?

- Disputes regarding administration of education - relations in cases not stipulated by compulsory regulations.
- Disputes regarding labor relations.
- Interpersonal disputes.
- Disputes regarding custodial rights - between a student and a parent; between a parent and a teacher.
- Antisocial behavior of an underage person - in cases not comprising general crime.

SURVEY RESULTS

/carried out in February 2004, participated 292 students from different schools - professional high-schools, language high-schools and comprehensive high-schools in Plovdiv/

Question 1: What kinds of disputes occur in your school?

- between a teacher and a student 56%
- between students 38%
- all types 11%
- financial 4%
- personal 4%
- no disputes, don't know, did not answered 12%
- other 11%


Question 2: How do you resolve disputes?

- we do not resolve them 33%
- through conversation and persuasion 26%
- through arguments and fights 20%
- with the help of mediators /principals, parents, etc/ 14%
- other 2.5%
- do not know, no answer 10%


Question 3: Is there an efficient procedure to resolve school disputes?

"Yes" 23%
"No" 67.5%
no answer 10%

Question 4: Do you know of any other ways to resolve disputes besides in court?

- YES - through discussion and compromise 27.5%
- YES - through arguments and fights 16%
- YES - with the help of mediators 6%
- YES - other 3%
- YES - not specified 16%
- NO - 21%
- No answer 2.5%


Question 5: Would you use such ways to resolve disputes?

- YES /discussion and mediators/ - 58%
- YES /arguments and fights/ - 12.5%
- NO - 17.5%

Question 6: Would you use a neutral mediator to resolve a dispute?

- YES - 65%
- NO - 24%
- No answer - 11%

Zoya Gerasimova


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