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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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