handbook abscm 2014

SOCIAL AND COMMUNITY MEDIATION IN EUROPE EXPERIENCES AND MODELS

Helena Neves Almeida Cristina Pinto Albuquerque Clara Cruz Santos (orgs. ) University of Coimbra Faculty of Psychology and Education Sciences – Observatory of Citizenship and Social Intervention

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SOCIAL AND COMMUNITY MEDIATION IN EUROPE EXPERIENCES AND MODELS

Helena Neves Almeida Cristina Pinto Albuquerque Clara Cruz Santos (orgs. ) University of Coimbra Faculty of Psychology and Education Sciences – Observatory of Citizenship and Social Intervention

CREDITS

TITLE HANDBOOK PROJECT COORDINATION

PROJECT COORDINATOR ORGS. GRAPHIC DESIGN PROOFING FIRST EDITION ISBN LEGAL DEPOSIT NUMBER PUBLISHING RIGHTS

Social and Community Mediation in Europe. Experiences and Models.

Project 201 2–1 –PT1 –GRU06–1 21 64—Advisory Bureau for Social and Community Mediation (ABSCM)—Long Life Learning Grundtvig Program Faculty of Psychology and Sciences of Education, University of Coimbra (FPCEUC) Rua do Colégio Novo, 3000-1 1 5 COIMBRA—PORTUGAL phones: +351 239 851 450 · +351 239 247 41 0 fax: +351 239 851 462 · +351 239 851 836 http://www.uc.pt/fpce · http://www.uc.pt/fpce/ocis Helena Neves Almeida (FPCEUC/OCIS) Helena Neves Almeida, Cristina Pinto Albuquerque, Clara Cruz Santos (FPCEUC/OCIS) Vítor de Matos profvitorprof@gmail.com Helena Neves Almeida, Vítor de Matos Coimbra, September, 201 4.

000-000-000-000-0 (pdf) 0000000 © 201 4, THE FACULTY OF PSYCHOLOGY AND SCIENCES OF EDUCATION—UNIVERSITY OF COIMBRA (FPCEUC)—PORTUGAL; HEALTH PSYCHOLOGY MANAGEMENT ORGANIZATION SERVICES (HP—MOS)—UNITED KINGDOM; INSTITUT SAUMUROIS DE LA COMMUNICATION (ISC)—FRANCE; GINGKO/PUBLIC UNIVERSITY OF NAVARRE (PUN)—SPAIN; SAARLAND UNIVERSITY’S CENTER FOR LIFELONG LEARNING (CFLL)—GERMANY; “SOLTAR OS SENTIDOS” (ASOS)—PORTUGAL; UNIVERSITY OF APPLIED SCIENCE—BACHELOR & MASTER IN SOCIAL WORK (HESSP/VALAIS)—SWITZERLAND; CENTRO STUDI E FORMAZIONE VILLA MONTESCA (CSFVM)—ITALY.

CONTRIBUTORS Name

E-mail

Institution/project

ana.r.mosca@gmail.com carmenfonseca@gmail.com claracruzsantos@fpce.uc.pt crisalbuquerque@fpce.uc.pt

info@montesca.it fransalesse@gmail.com info@montesca.it h.giessen@gmx.net helena.almeida@fpce.uc.pt jesusharistu@gmail.com jorge.pinho@hevs.ch karine.darbellay@hevs.ch info@montesca.it info@montesca.it mercy.maclean@hp-mos.org.uk michel.schaillee@gmail.com info@montesca.it info@montesca.it vera.joaquim@gmail.com info@montesca.it

ASOS—Portugal ASOS—Portugal FPCEUC—Portugal FPCEUC—Portugal HP-MOS—United Kingdom HP-MOS—United Kingdom CSFVM—Italy ISC—France CSFVM—Italy CFll/Saarland University—Germany FPCEUC—Portugal Ginko/UPN—Spain HES.SO/ Valais - Switzerland HES.SO/ Valais - Switzerland CSFVM—Italy CSFVM—Italy HP-MOS—United Kingdom ISC—France CSFVM—Italy CSFVM—Italy ASOS—Portugal CSFVM—Italy

Javier.dominguez@ua.es jorge.Barbosa@idt.min-saude.pt jorge.ferreira@cm-coimbra.pt jorge.topa@idt.min-saude.pt liliana.sofia.carvalho79@gmail.com pmunuera@trs.ucm.es

U. Alicante (UA)—Spain SICAD/IDT—MS—Portugal CMC—DEA | RS Coimbra—Portugal SICAD/IDT—MS—Portugal InPulsar—Portugal U. Complutense Madrid (UCM)—Spain

Partnership contributors Ana Mosca Carmen Fonseca Clara Cruz Santos Cristina Pinto Albuquerque David Baines David Luigi Fuschi Fabrizio Boldrini Françoise Salesse Grazia Paciullo Hans Giessen Helena Neves Almeida Jesús Hernández Aristu Jorge Pinho Karine Darbellay Maria Chiara Locchi Maria Rita Bracchini Mercy Maclean Michel Schaillée Sara Alimenti Valentina Raparelli Vera Joaquim Virginia Marconi

External contributors Francisco Javier Domínguez Alonso Jorge Barbosa Jorge Ferreira Jorge Topa Liliana Carvalho María Pilar Munuera Gómez

CONTENTS

FOREWORD

I.

15

FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

1. THE STUDY DESIGN

19 21

I Object of Research II Main Goal III Methodological Options

22 22 23

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

26

2.1 FRANCE

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

Case study 1 —The French Urban Riots Case study 2 —Les Grands Frères Case study 3 —The Night Mediators Case study 4 —Sam Case study 5 —The Hmong's House: The integration ofan Asian Community in a Small Village

26 27 28 28 29 30 30 32 37 39 43 44

2.2 GERMANY

2.3 ITALY

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

48 49 51 52 52 53 53

Case study 6—Political Mediation On a Road

56

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

58 60 63 64 66 68 68

Case study 7—Interpreting and Intercultural Mediation in Italian Healthcare Settings Case study 8—Cultural and Religious Pluralism and Interreligious Dialogue: The "Grammar for Dialogue" Project Case study 9—Participation in the Council: Project towards the Political Representation ofForeigners in Umbria

2.4 PORTUGAL

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

70 75 76 77 78 81 82 84 86 88

92 Case study 10—Closing the Gap Through Mediation Case study 11 —Mediation to Obviate and Co-Build Social Bonds 95 Case study 12 —Projecto Nós & Os Laços (Us and the Bonds, Project) 99 Case study 13 —Individualized Accompaniment ofSchool Course, of 1 03 Children from Ingote Plateau—Neighbourhoods ofRose and Ingote

2.5 SPAIN

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

Case study 14 —Intercultural Participation and Mediation Project in Castejón (Navarre, Spain)

2.6 SWITZERLAND

2.7 UNITED KINGDOM

1 06 1 07 1 08 1 08 1 08 110 110 112

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

1 20 1 20 1 23 1 25 1 25 1 27 1 27

I II III IV V VI VII VIII

Conceptions Context of Mediation Legislation Mediation Fields Mediation Procedures The Role of the Mediator Training Profile of Mediation Case Studies

1 40 1 41 1 43 1 47 1 47 1 48 1 49

Case study 15 —Association Vaudoise pour la Médiation de Voisinage 1 31 Case study 16—Cabinet de Médiation Pr 1 35 Case study 17—Conflits.Ch 1 37

Case study 18—Community Mediation By Bcms in the UK Case study 19—Social Mediation—Neighbourhood Dispute Over Noise Levels by UK Mediation

3. CONCEPTUAL ROADMAPPING OF SOCIAL AND COMMUNITY MEDIATION Helena Neves Almeida

1 56 1 58 1 61

II.

Training Courses: The project ABSCM in action

1 67

1. MEDIATION AND SOCIAL WORK: INTRODUCTION —TOOLS—PRACTICES

1 69

2. SOCIAL AND COMMUNITY MEDIATION. A TRAINING PROPOSAL FOR MEDIATORS

1 71

3. TRAINING COURSES ON INTERCULTURAL MEDIATION (ITALY)

1 78

4. ASOS—THE 1 ST CYCLE OF WORKSHOPS IN SOCIAL AND COMMUNITY MEDIATION

1 86

5. BASIC TOOLKIT FOR THE SOCIAL AND COMMUNITY MEDIATOR

1 92

6. OVERVIEW OF SOCIAL AND COMMUNITY MEDIATION IN THE UK

1 96

7. SOCIAL AND COMMUNITY MEDIATION: TRAINING AT THE SERVICE OF THE COMMUNITY

202

Karine Darbellay; Jorge Pinho

Jesús Hernández Aristu

Fabrizio Boldrini; Maria Rita Bracchini; Virginia Marconi; Sara Alimenti; Maria Chiara Locchi; Valentina Raparelli; Grazia Paciullo

Vera Joaquim; Ana Mosca

Françoise Salesse; Michel Schaillée

David Baines; Mercy Maclean; David Luigi Fuschi

Helena Neves Almeida

III.

APPROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

1. A THEORETICAL APPROACH ON SOCIAL AND COMMUNITY MEDIATION Helena Neves Almeida

I II III

What means Social and Community Mediation? The theoretical approach Comparing Social and Community mediation Social Mediation Final Remarks Bibliography

2. MEDIATION AS TRADITIONAL FORM OF CONFLICT-SOLVING AND LIVING TOGETHER IN TRADITIONAL SOCIETIES Hans Giessen

References

3. ETHICAL ASSUMPTIONS IN A SOCIAL AND COMMUNITY MEDIATION PROCESS Cristina Pinto Albuquerque

I II III

The ethical sense of community and social mediation Objectivity and reflexivity as ethical assumptions of the role of social and community mediator Practice of social and community mediation—Ethical Assumptions Bibliography

21 1 21 3

21 4 21 8 221 222 223 225 226 227 230 233 233

4. FAMILY MEDIATION AND FORENSIC SOCIAL WORK Clara Cruz Santos

Introduction I Social Work and Forensic Social Work II What about Portugal?

III Brief conclusion Bibliographic References

5. MEDIATION IN THE JURIDICAL AND ECONOMIC SYSTEMS: ARBITRATION, MEDIATION AND CONCILIATION

Fabrizio Boldrini; Maria Rita Bracchini; Virginia Marconi; Sara Alimenti; Maria Chiara Locchi; Valentina Raparelli; Grazia Paciullo

I Arbitration II Mediation III Conciliation

6. SOCIAL AND COMMUNITY MEDIATION: CONTEXTS OF INTERVENTION Mar铆a Pilar Munuera G贸mez

Foundation I Social and Community Mediation II Conclusions III Bibliography

235 235 235 237 240 241 242

243 244 248 251 251 253 258 259

7. RE-BOUNDING, FACILITATING RELATIONSHIPS: THE ROLE OF COMMUNITY MEDIATION Francisco Javier Domínguez Alonso

I II III

Introduction The Society Around Us, The Community We Live In Community Mediation: A Commitment To The Improvement of Coexistence 1 . Towards a community mediation definition 2. What are the objectives of community mediation? What does it intend?

IV A Couple Of “Broken Bounds” Cases a) First case: Juan, a teenager in a protection centre b) Second case: mother-daughter conflict, rebuilding the family life Bibliography

8. SCHOOL: PEER EDUCATORS OR CONFLICT MEDIATORS Vera Joaquim

Bibliography

260 260 261 263 263 265 265 265 267 268 270 273

9. SUPERVISION IN THE TRAINING OF MEDIATORS Jesús Hernández Aristu

I II III IV V VI VII VIII IX X XI XII

Mediation in complex societies Areas of conflicts Requirements to be a mediator Training programme for mediators: core knowledge / supervision Definition of Supervision Objectives of supervision Methodology Stages of supervision Aspects to be taken into account in supervision Reference framework of supervision Organization of a session Number of sessions Bibliography

274 274 274 274 275 275 275 275 276 276 276 277 277 277

AFTERWORD

279

ANNEXES

283

I

The Project Advisory Bureau for Social and Community Mediation (ABSCM): Synthesis

285

II

ABSCM Partnership

289

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FOREWORD

In the last decade the study and the practice of mediation has expanded in various fields, revealing different profiles and claiming for complex and renewed professional competencies and action strategies. In line with European Union concerns and guidelines, we have witnessed, in fact, the value of mediation as an alternative mode of conflict resolution, whose aims and processes are as diverse as the areas of focus.

The reasons for its renewed interest and social, political, educational and cultural prominence are associated mainly with the complexity of today's problems, expectations, policies and systems. The deepening of the democratic system, economic globalization and the development of information and communication technologies have given, effectively, new impetus to social and economic relations, stressing the transformation of relations between citizens and between them and the services and businesses.

This Handbook intends to translate the results and reflections conducted in the European Project ABSCM (Advisory Bureau for Social and Community Mediation). The project involves the creation of an Advisory Bureau for Social and Community Mediation (see annex 1 ) which is inscribed in a multidisciplinary and participatory logic under the coordination of local and national partners, stemming from the nature and multidimensionality of interpersonal, social, economic and political conflicts and the actors involved. This factor enhances a variety of target audiences in terms of training, research and intervention, which is an asset for the ABSCM implementation.

It integrates partners with different features—Universities, Associations, Training Institutes, and a staff of Professional/Academic people (see annex 2) and consolidated knowledge (theoretical and operative) in the field of mediation, coming from different countries: England, Italy, France, Switzerland, Germany, Spain and Por-

16

FOREWORD

tugal. The coordination was assured by the University of Coimbra.

The project was based on two main questions: What conceptions, experiences and models of social and community mediation are developed in Europe? How can this partnership contribute to the building, training and dissemination of knowledge in the field of Social and Community Mediation?

The creation of a network that promotes cross-sharing of knowledge with different background information from different countries and exchange of information of experiences in developing and applying innovative approaches to lifelong learning is on the centre of this project. This network brought together stakeholders from relevant sectors, providing a forum or platform for joint reflection and cooperation in the field of promoting innovation and good practice. The construction of this Handbook and the interactive platform, structure the knowledge about the topic, crossing theoretical and methodological approaches from different contexts (economic, social, cultural and political). This is a good contribute to the development and comparison between perspectives, making possible the analysis and reflexing about the future of social and community mediation, and the dissemination of a culture of peace.

This handbook itself has been designed in three parts: I. Features of Social and Community Mediation in Europe: Diversity in Similarity.

Here are described the main guidelines of the study design and the finding research results. Are explored conceptions, contexts, legislation, the fields of mediation, the mediator’s role, the mediation procedures and information about training profile in mediation, in each partners’ country. It presents case studies, with experiences of mediation in community contexts, and ends with a global analysis, building a conceptual road mapping of Social and Community Mediation.

II. Training Courses: The project in action. This part aims to explain the contribution of each partner to the education and training in Social and Community Mediation. Using total autonomy in what concerns the topic of training, each partner decided what was more appropriate to the development of skills and knowledge in this field. Being a transdisciplinary knowledge that surmounts the perspective more traditional of Alternative Dispute Resolution, each partner, according to the diversity and specificity of their own socio-economic and political reality, decided the main profile of training courses. Balancing between description and evaluation, the second part of this handbook introduces also a proposal on mediation training, trying to identify common knowledge, independently of contextual dimensions.

FOREWORD

17

III. Approaches on Social and Community mediation: Linking Theory and Practice.

This third part aims to cross theoretical knowledge with practice and axiological dimensions. Linking theory and Practice, mediators, teachers and researchers were invited to reflect about the conceptions in presence when the mediators are in action, analyzing different approaches on social and community mediation, great ethical issues, new fields of research on mediation, the linkage between social work, education (peer education) and mediation, the re-bounding and facilitating relationships in community mediation, and some analytical dimensions on mediation supervision.

This handbook reflects the work produced during two years (from September 201 2 to July 201 4) of a project which has been funded with the support of the European Commission. This publication [communication] reflects the views only of the authors, and the Commission cannot be held responsible for any use which may be made of the information contained therein.

Coimbra, the 25 th of September, 201 4.

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I.

FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

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1. THE STUDY DESIGN

The diverse and complementary concepts of mediation are grounded in operational models that attribute intentionality beyond the resolution of conflicts.

Without wishing to make a comprehensive and in-depth topic highlight, among others, three of the current conceptions associated with the transforming nature of this process: 1 ) Bush and Folger (1 996 ) advocate a transformative model of mediation, to the extent that it aims to change the institutional or interpersonal relationship, your focus is not conflict resolution but rather a “relational processing”. Through this intervention model is intended that citizens are able to develop skills such as: sense of responsibility, participative attitude and acceptance, achieving promoting an effective change in the forms of relationship. Mediation, attentive communication, priority is maintaining links, and for this the subject should be able to be involved and to find the best way of living ( ibid, p.277 ) .

According Warat when we are facing a situation of conflict resolution “is because the parties involved were able to rebuild it symbolically, could turn it by having it played in the reconstruction” (1 998, p.1 0 ) . Still, according to the author mediation “would be a proposal for transforming the conflict does not seek its decision by a third party , but rather to its resolution by the parties themselves , who receive assistance from the mediator to manage it . Mediation is not concerned with the dispute, ie, with the formal truth contained in the records. Nor has the sole purpose of reaching an agreement” (2001 , p. 80).

2) To Sara Cobb, mediation is achieved through communication, that is, from the verbal (content) and nonverbal (gestures, expressions) that subjects report their truths, and it is impossible not to communicate. We are here before the circular model of narrative mediation. This model is intended, through the narratives, a circular communication, ie, through a continuous process of questioning, active listening and

22

FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

reflection, change the meaning of the story and the conflict so that the subjects were able to position in another's place, and have a more comprehensive view of the situation. Only thus will it be possible a real change in the interaction between subjects, achieving reach a solution, proposed by both, to their conflict. In this context, the mediation meet the problems presented by the parties in a systemic, rather than individual, seeking to involve the parties in understanding and recognition of the various dimensions that comprise a relationship so that they can change behaviour and attitude towards others , rather than focusing their role and position.

3) Mediation enables the creation of ties based on cultural and historical representations, contributing to the transformation of the phenomenon of conflict and adjacent relationships between litigants, “relying on a commitment voluntarily assumed and defined between the parties” and that is to make society. And promotes communication between the parties, facilitating dialogue, understanding and acceptance of the other, as the lack of communication and therefore understanding potentiate episodes of conflict of diverse nature (Bonafé—Schmitt, 1 988, 1 992, 2009).

Mediation is a process of reconstruction symbolic that the parties involved in a conflict situation, the reconstruction of the conflict, giving them power to resolving them find solutions with the help of a mediator, as Sousa says “a means of seeking agree that the people involved are helped by an expert who guides the process”—the mediator (Sousa , 2002, p. 1 9).

Considering the importance of the sociocultural, economic and political environment in the emergence and enhancement of the practices that involve persons, structures and resources, it has been defined the following problem of research: What conceptions, experiences and models of social and community mediation are developed in Europe?

I—Object of Research Organizations, Activities and Projects, using the procedures set out and incorporate the logic of resolving conflicts and problems in a holistic conception of social intervention and community, tending to the reconstruction of social relations.

II—Main Goal The first goal of this research is to establish a database (mapping resources and projects) that crosses different contexts and experiences of social and community mediation in all country partners. This goal stems from the proliferation of a mediation culture among professionals and organizations in communitarian context. At same

THE STUDY DESIGN

23

time it was done a bibliographic and documental research so that all partners create a point of departure to understand the social and community mediation in each country, establishing a condition to develop a conceptual map on this field of knowledge and practice. The second goal was to identify, describe and analyze different cases or episodes of social and community mediation to illustrate the differences and commonalities in each country of partnership. This two objectives allow to produce a better understanding in what concerns the topic of study in Europe.

III—Methodological Options The research follows 2 phases for data collection:

A— Data Collection This study began with a bibliographic and documental research to understand the conceptions in use, and with the identification of different kinds of public, methods and conceptions of mediation, social mediation and community mediation.

Knowing the influence of the context in every type of intervention, it was defined to research about the theme in every country where the partners come from, and the signalization of specific experiences of social and community mediation. Every partner compiled information about, at least 2 case studies for each one.

A.1—Conceptions of Mediation The first challenge has been the building of knowledge about mediation, to identify differences and commonalities comparing the reality, and the use of mediation conceptions in each country. So, it has been constructed a form named “Features of Social and Community Mediation in Europe”, to be fulfilled on each country partner.

This form includes 8 sections, and different questions in each of them, in a whole of 1 6itens (table 1 ).

Each partner research information and data doing bibliographic and documental research: Books, papers, reviews, legislation and personal contacts with mediators working in the community.

A.2—Study of Mediation Practices The study of mediation practices intends to present different conceptions

Table 1 — Features of Social and Community Mediation in Europe”: Form Sections and Questions I – EXPLORE CONCEPTIONS q1 – what is mediation ? q2 - what are the main differences between social and community mediation?

II - DESCRIBE THE CONTEXT OF THE MEDIATION EMERGENCY AND DEVELOPMENT IN YOUR COUNTRY (MEDIATION / SOCIAL AND COMMUNITY MEDIATION). q3 – when did it began? q4 - what are the main reasons to value it? q5 – what is the political context linked to the emergency and development of social and community mediation? q6 – what is the principal legislation on this field? (if available)

III – GIVE INFORMATION ABOUT MEDIATION FIELDS IN YOUR COUNTRY. q7 – what are the different practice fields on mediation?

IV – GIVE INFORMATION ABOUT MEDIATION PROCEDURES IN YOUR COUNTRY. q8 – what are the main tools / resources used by the mediator? q9 – what kind of activities does the mediator? q1 0 – there is a mediation code? what are the main values in mediation process?

V -

DESCRIBE THE MEDIATOR’S ROLE

q1 1 - what are the expectations about the mediator’s work? (according to the legislation

VI - GIVE INFORMATION ABOUT THE MEDIATION TRAINING IN YOUR COUNTRY. q1 2 - who trains mediators? q1 3 - who is reconized to train mediators? q1 4 – what are the main contenus of mediation training

VII - STATISTICS (Ifavailable)

and in practice)

VIII – Other Information

25

(If available)

and practices of mediation in the social and community field, to strength the conceptual analysis made inside the project. To achieve this main goal, was created a matrix to do the identification and characterization of the mediation's initiatives (under the form of projects, informal propositions or formal organizations), and to analyze different experiences of social and community mediation, without any intention of Table 2 — Social and Community Mediation Case Study - Research Axes a)

Objectives: the main goal and specific objectives of organization, project and activities

b)

Attended Population: characteristics of cible-population (age, problems)

c)

Developed actions: Identification of developed activities

d)

Typology of Conflicts and Social Problems: Identification of conflicts and problems in the course of

actions e)

Resources: Affected and mobilized resources (economic and human resources)

f)

Functioning: Levels of work (Individual work, family work, group work, animation work, community

work); Kind of people involved (Professionals, stakeholders, citizens); the Administration Role; Channels of participation; Team work; partnerships; social frameworks g)

Social and Community Mediation: Logics and Processes implemented

h)

Process of Evaluation: weakness and strengths of organizations, projects and activities.

showing good or best practices, only different kind of practices on social and community mediation. To uniform the information, however respecting the differences, it was elaborated a guide (table 2) to join the information

B—Reversion of data to Community Reversion of research results, in open sessions or meetings with professionals and stakeholders, in order to analyze and debate about social and community mediation.

Procedures: The partners could option among three ways: 1 ) Identify organizations, professionals and stakeholders, propose a meeting and develop a strategy of participation in the analysis of practices; 2) Integrate information in scientific or professional seminars, presenting papers or posters; 3) Disseminate results near the community organizations by newsletters or other kind of products.

FRANCE

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.1 France Françoise Salesse

fransalesse@gmail.com

I—CONCEPTIONS OF MEDIATION MEDIATION In mediation (sometimes known as conciliation) a neutral facilitator, appointed jointly by the parties, provides a safe place for the parties to seek a solution on a ‘without prejudice’ basis. The parties retain control. This is a voluntary process and it does not compromise the rights of the parties in any way: one or other of them can terminate the mediation process at any stage, they can later attempt mediation again, or they can proceed to litigation. Mediation may fail; usually it leads to a settlement or to an agreement which becomes binding when the parties formally record their agreement and sign a settlement document.

Mediation has a very high success rate.

Mediation is cheap and quick, and the parties remain in control of both cost and outcome.

Solutions that go beyond the remedies available through the new HE Ombuds or the courts can be arrived at by mediation.

Mediation provides a route to ‘a win-win solution’ in which the institution and the student or member of staff can save face. It can help with the situation where a student or member of staff has an obsessive grievance because it gives parties the psychological benefits of their ‘day in court’, an opportunity to vent feelings and say what they want, and generally ‘to clear the air’. All in total confidence and ‘without prejudice’.

Mediation does not compromise the position of either party if it fails and litigation or some other dispute resolution route is pursued.

Mediation takes place on a ‘without prejudice’ basis, which means that the

27

discussion and any documents cannot be used or referred to in subsequent proceedings. A mediator regards himself/herself as bound by a duty of confidentiality to each party both during and after the mediation.

SOCIAL MEDIATION Social Mediation is distinguished from the judicial mediation. It has been defined by European experts in Créteil in September 2000 as a mean “to create or restore the social fabric by preventing or resolving conflicts through the intervention of a neutral and [Independence|independent] third party who guarantees communication between partners”.

Through this process, citizens assume the responsibility of resolving their conflicts. By establishing an access device to the right of mediation as a process of creation and repair of social fabric, a process to restore proximity relations and a mean of access to law as a way to amicably resolve disputes, the AFPAD has built a global project and has established a set of actions.

II—CONTEXT OF MEDIATION HISTORICAL AND SOCIOLOGICAL CONTEXT MEDIATION

together.

January 2007 • Birth of the association Social mediation in France following an assessment asked by the government.

March 27th 2008 • Creation of France Médiation, a network of actors in Social mediation which aim is to allow all the associations working on Social Mediation to work

December 201 0 • Culture et Promotion in association with France mediation has initiated a collective action to evaluate what are the actions of the social mediation in France.

201 2 • The University of Lyon organized the first National diploma of family mediators.

FRANCE

RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

28

FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

FRANCE

SOCIAL AND COMMUNITY MEDIATION • •

Social and community mediation is a vague concept.

Free mediation is not a common concept in France

POLITICAL CONTEXT With the crisis, that’s more and more a subject of actuality.

The French government works on it and try to find a solution to help poor people who can’t pay a lawyer or a therapist.

Except for family mediation.

There are a lot of associations to help families.

• 1 989: creation of the Association Pour la Médiation http://fr.wikipedia.org/w/index.php?title=Association_Pour_la_M%C3%A9diation_F amiliale&action=edit&redlink=1 Familiale (APMF), and Fédération Nationale de la Médiation Familiale (FENAMEF) which gather many associations such as the first created : Parents-Enfants-Médiation in Montpellier.

• Many Universities propose degree (Master) to become a family mediator.

• Lodging for women victims of violence There are “Régies de quartier”, associations which aim is to help people in the difficult suburbs of cities.

III—LEGISLATION MEDIATION In France we have many kinds of mediators but most of the time conflicts are treated by the court.

SOCIAL AND COMMUNITY MEDIATION Social mediation is very new and use mediation for both social and community mediation.

IV—MEDIATION FIELDS •

Between individuals: neighbours, joint owners...

29

• Between inhabitants and institutions: family and school...

• Collective conflictual situations: between residents and a high school, among syndical joint owners, between tenants and landlords or young and inhabitants...

V—MEDIATION PROCEDURES TOOLS NLP, active listening, prevention.

ACTIVITIES 1 . Provide mediation and conflict resolution services at no cost or on a sliding scale.

2. Hold mediations in neighbourhoods/communities where disputes occur.

3. Schedule mediations at a time and place convenient to the participants.

4. Provide mediation at any stage in a dispute.

5. Mediate community-based disputes that come from diverse referral sources, such as community organizations, police, faith-based institutions, courts, community members, government agencies, and the centre's outreach activities.

6. Educate community members about mediation and conflict resolution.

7. Work with the community in governing community mediation programs in a manner that is based on collaborative problem solving among staff, volunteers and community members.

8. Provide conflict resolution services to community members who reflect the community’s diversity with regard to age, race, gender, ethnicity, income education, and geographic location.

VALUES In France, professional mediators have created an organization to develop a rational approach to conflict resolution. This approach is based on a “scientific” definition of a person and a conflict. These definitions help to develop a structured mediation process. Mediators have adopted a code of ethics which guarantees professionalism.

FRANCE

RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

30

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VI—THE ROLE OF THE MEDIATOR The role of the mediator is to facilitate. The mediator has no authority to impose a solution. His role is to assist the attempts of the parties to discover a basis for agreement. It is crucial that, at the outset, the mediator establishes with the parties: what the dispute is about; how it arose; why it has not been possible to negotiate a settlement; and what the parties really want. He ensures that the parties have a clear understanding of their own respective positions and of one another’s positions, and seeks to avoid confusion and misunderstanding. The mediator establishes the priorities of each party. He looks for areas of common ground. He encourages the parties to look at aspects or areas of potential agreement or compromise not previously considered. He may be able to suggest face-saving devices. The mediator can use a certain amount of pressure to get the parties to agree by reminding them of the expense and uncertainty of continuing with litigation. He can ‘test reality’ with the parties. The mediator’s control of expressions of emotion by the parties should allow some brief periods of ‘flare-up’ at the discretion of the mediator. He seeks to prevent loss of face by helping the parties to see a proposal in a positive light and not as a climb-down.

The mediator helps the parties to ‘own’ ideas which emerge in private sessions. He saves the parties from boxing themselves into a corner. He keeps things moving and helps the parties keep to the point.

VII—TRAINING PROFILE OF MEDIATION There are many courses to become a familial mediator but to be a social mediator the principal Centre is France Médiation, but there is no diploma of social or comminatory mediator. That’s an example of a course organized by France Mediation.

General program: The basis of mediation Ethic and deontological position Role and responsibilities of the mediator limits of his/her intervention the process of mediation and its general dynamic The first interview : objectives and realization The mediator’s behaviour Settle down a trusty relation Active listening

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Understand the non-verbal communication Be able to understand what is not said How to realize a mediation interview Mediation and psychosocial risks the psychosocial risks in companies The frame of legal obligations The prevention Difficult personalities and cases Better understand personnel behaviour Discover the interactions between people; use them in mediation in a constructive way The mediation and the fear to changes Be able to manage difficult situations in mediation STATISTICS According to France mediation, we have 1 2000 persons who are said to be Mediators.

Other Information Mediation with peers was tried with what was called ‘les grands frères”. In order to help people communicate (migrants and people in suburbs, the government had employed young from the cities and asked them to be mediator in their own area.

They knew the public and they speak the same language. Young in the cities could have trusted them.. Unfortunately, they were not trained and it was a real disaster.

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VIII—CASE STUDIES CASE STUDY 1—THE FRENCH URBAN RIOTS Françoise Salesse

fransalesse@gmail.com

The French urban riots are urban violence which are recurring in France since the beginning of 1 970s.

A dozen crimes and offences arisen in the large sets of Lyon is evoked in the television news between 1 969 and 1 981 .The narrative is accompanied almost always with an attempt of explanation by the living conditions these buildings, according to an explanatory spectre which evokes the urban shape, the left to its own devices La Grappinière à Vaulx-en-Velin youth, the social difficulties.

1970-80 The first urban riots happened in 1 979 in la Grappinière in Vaulx-en-Velin, in the suburb of Lyon: Young people face law enforcement and set on fire cars.

The events of 1 981 , always in the suburb of Lyon, know the first large-scale media coverage. Gaston Defferre, then Home Secretary, recommends a police firm answer.

During Summer 1 983, hard confrontations bring into conflict policemen and young people. During these confrontations, Toumi Djaïda, the young President of the association SOS Avenir Minguettes, was injured and driven to hospital in emergency.

Rodeos, car burnt, urban degradations, Track races with the police, are again filmed and, widely taken back in the press. Minguettes locks itself into an image of ghetto and to live badly.

On June 8th 1 987, following the death of the young Aziz Bouguessa con-

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frontations will burst into suburb of Lyon

The 1990's After the death on October 6th 1 990, of Thomas Claudio, passenger of a motorcycle which had overturned at the level of a police roadblock, new riots burst in Vaulx-en-Velin. Confrontations with the police and the shopping mall is plundered.

The media make immediately the link with the events of 1 981 , and notice the “problem of suburbs”.

In October 1 992 in Vaulx-en-Velin, Mohamed Bahri, 1 8, is killed by a policeman while he tries to force a roadblock at the wheel of a stolen BMW.. Three nights of confrontations, shots on a police station and thirty three burned or damaged vehicles. On October 30th 1 993 at Saint-Fons in the suburb of Lyon, Violent skirmishes burst, after the death of Mourad Tchier, 20 years, killed by a policeman at the end of a rodeo aboard a stolen car.

January 27th, 1 994, violent riots burst in the district of the fir trees of Rouen4 in answer to the death of Ibrahim Sy shot down by a gendarme while he was in a car, together with two other young people.

He got ready, it seems, to commit a theft on the parking lot of a hotel of Val-de-Reuil. The images of the riots are partly used for the generic of the movie La Haine.

On April 1 8th 1 994 in Bron Rhône, in the suburbs of Lyon, Khafif Amamra, 20, chased by the police, kills himself at the wheel of a stolen Golf. Violent incidents.

In April 1 4th 1 994 in Vaulx-en-Velin, Bron and Rillieux-la-Pape. Two young are killed in a crash of a stolen BMW The riots will last one week. Two gymnasiums burned, attempt of fire of a school. The police station of Bron is attacked with a carram. A pharmacy is attacked with Molotov cocktails.

On October 1 st 1 995, in the suburb of Lyon, an agitated night follows the death of Khaled Kelkal.

The fires started in Vaulx-en-Velin where about two hundred young face enforcement, then quickly the movement spreads to the city :.. 36 vehicles burned and1 9 questionings.

In November 1 997, during the night between the 2 and 3, violent riots burst in the district of La Duchère in Lyon after the death of Fabrice Fernandez, 24, killed on December 1 8th 1 997, with a bullet right in the head fired at point-blank range, while he was handcuffed questioned, sat, in the premises of the commissionership of the ninth district of Lyon, rue Berjon à Vaise.

On December 1 7th, in Fontainebleau, a man is killed by the police of a bullet

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in the head to have forced roadblock with his friend. The passenger would have gone out of the car having seen his friend died in front of him and he would have been struck until a motorist will stop the police. It will follow one week from riots to Dammarie-lès-Lys, in the suburb of Melun, from where the victim is native.

In January, 1 998: riots in the shopping mall of the Part-God, 300 to 400 young people come from suburbs and quoted from Lyon face law enforcement. Result: fifteen questionings, seven people slightly hurt by stony jets, among which four police officers and an old 77-year-old man, five shop windows, Quick, a perfume shop, a restaurant, stores of shoes and clothes for children were broken, as well as windows of doors of access to the shopping mall and a tower of offices.

December 1 3th, 1 998, Habib Ould Mohamed says “Pipo”, dies from consequences of a smudge, during a flagrante delicto of car theft, in Toulouse. Violent confrontations follow between rioting demonstrators and MEMBERS OF THE FRENCH RIOT POLICE and will last from 1 3 till 22 December. More than hundred cars will be burned and the premises of the Family allowance fund and the commissionership of district will be destroyed by fire At night of January 31 st, 1 999, a car explodes on a parking lot of Vénissieux, after a skirmish in the district of Minguettes, Six of the fire brigades come to stop the disaster are seriously injured, among whom one has a torn away leg. The phenomenon of the urban violence is the object of a very attentive follow-up. In the department of the Rhône, 1 790 facts of urban violence were counted during the 1 st half-year 1 990.

La Rue Caillié in Paris

2005 at all.

Examples of huge incident happened in the suburbs of big cities are not rare

Beginning 2005, a riot burned out in the ‘ quartier de la Goutte-d'Or ‘in Paris (1 8e arrondissement), following an error from the police : car in fire, and trash can, bicycles knocked down spilled in the street. During this night 1 4 young are arrested.

In June 20th 2005, a kid is killed by a bullet during a shooting between two

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rival bands in the city 4000 in La Courneuve. Nicolas Sarkozy, home minister, says during his visit he wants to «clean the city with a kärcher».

On October 25th, during a visit in Argenteuil, Nicolas Sarkozy speak about «racaille». What is felt by certain inhabitants of districts perceptible as a humiliating insult, the impression that we assimilate all the inhabitants to some delinquents and criminals, a provocation and an incitement in the violence and in the exclusion. For other inhabitants it is about a promise of taking into account their suffering.

In October, 2005, following the death in a transformer of EDF of two teenagers who had been pursued by the police while they returned at home after a match of football, burst riots in the city suburbs of all France. This event replaces suburbs in the heart of the debate. This event questions the social politics, the politics of the city, and the educational politics and the integration led in France On November 25th, 2007, take place the riots in Villiers-le-Bel: further to the death of two young people having collided a police car in this municipality, a new fit of urban violence is born, with in particular 40 policemen and fire brigades hurt on November 25th, and at least 60 on the 26.

On Wednesday, July 8th, 2009, remains calcined of vehicles show of a first night of riot to Firminy, suburb of Saint-Etienne, after Mohamed Benmouna's suicide attempt, age 21 , to the commissionership of Chambon-Feugerolles, locality is placed next. At three nights of riots to Firminy and in the nearby cities. The shopping mall is set on fire, and a call for calm of the family will be heard by the south suburb of SaintEtienne

2010 Grenoble

In July, 201 0, confrontations burst between the police and the "young people" of Grenoble following the death of a local resident of the Villeneuve of Grenoble during a track race

Villeneuve in Grenoble

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with the police while he came, with an accomplice, to antagonize the casino of Uriageles-Bains on July 1 6th. The riots are not very important (between 30 and 60 young people according to sources, but the police was targeted at two or three occasions by firearms. These events will be triggers of a change of the prefect of Isère and a security political speech on behalf of President Nicolas Sarkozy which with the subject of the “Roma” will mark the policy in France during summer, 201 0.

Trappes

In July, 201 3, the identity check of a woman entirely veiled degenerate into riots in Parisian suburb, in Trappes: she and her husband are arrested and placed in detention. Violence bursts then in front of the police station. Hundred MEMBERS OF THE FRENCH RIOT POLICE are sent as additional help. 4 policemen are hurt and 6 people were questioned. The husband, accused of having tried to repress a policeman is placed on probation. Further to this incident, Manuel Valls announces a strengthening of 300 additional policemen in the cities of this sector, where the tension rises.

Some figures

According to a survey on the violence in France: 1 3 000 thefts, 2 000 aggressions and 200 rapes a day.

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CASE STUDY 2—LES GRANDS FRÈRES Françoise Salesse

fransalesse@gmail.com

The different experiences such as «les grands frères» appear in the 90's . As their name indicates it, the method consists in bringing in “elder' son”(“brothers”) of a district to reason with the “younger children”(“juniors”).

That must bring solutions to problems of reassurance of the public places, the closeness of these new agents with the people with whom they have to intervene allows them “to realize that the institutional agents do not any more manage: to get in touch with the young people”.

The housing association calls on to a guarantee society the manager of which is native of the city and respected in his various districts. The latter is in charge of overseeing a team of «agents of citizenship» the only skill of which is to be “older brothers” of the districts in whom they are supposed to practice. But basing on the "natural" authority of their young employees, neither the person in charge of the team, nor the HLM Company define explicitly their missions. Result: the mediation works actually with the “younger brothers”, with whom the big appear as justifiable. For other, only the muscular arguments of the licensed “bosses” make effect. The squat of the halls, which is a question of putting an end, does not disappear, but moves in places not covered by these agents. Other skids followed who confirmed that the strong closeness of such a plan did not allow to restore a link between the aimed populations and the housing association or the other institutions and that it was, on the contrary, only the law of

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the district strengthening.

In the same trail of the “older brothers” can be evoked the implementations of the other plans of mediation. Making a choice different from that of the private housing association, the RATP (PARIS PUBLIC TRANSPORT SYSTEM) passes in 1 994 by means of an association «To bring in intermediaries who avoid the rise of the tensions and the violent incidents in situations where the encounter of the young people and the staff or the older clientele would risk to slip». More significant still, from the point of view of the importance of a problematic professionalization and an institutionalization, because marked with the seal of the precariousness, is the development of the activities of social mediation and the implementation on all the French territory of local agents of social mediation, encouraged by the law “Nouveaux Services-EmploiJeunes” of 1 997.

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CASE STUDY 3—THE NIGHT MEDIATORS Françoise Salesse

fransalesse@gmail.com

We are sat in a very warm room, when the night mediators' team arrives.

They are wearing a red jacket on which is written: correspondant de nuit.

It's 7.30 PM and they come to start they job.

The team is almost total except Abdel Karim who is not there the evening of our visit.

For them, the work starts every day at 7.30 PM to finish at 2 AM, from October to March, two of them begin at 5.30 PM. The team of la Roseraie, sensitive neighbourhood situated at the South of Angers, is composed with 6 night mediators and 1 coordinator. In this area, there are two teams of night mediators managed, at the same time, by the city and the housing associations.

How do they work: One of the night mediators stay in the office, to take the phone calls. These calls are after transferred to his/her colleagues who are in the streets ready to react.

But, there are not policemen and they must not, under any circumstances, take the place of the police. They work on a population of about 4000 to 5000 housings for 7 mediators including a chief of unit.

If the trouble needs a particular intervention, the night mediators must call the coordinator. This last will take the decision to involve or not the police.

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Technical and social watch Their job, at the beginning, consisted in taking account of the complains for night uproars, neighbourhood conflicts or conjugal conflicts, squat of the buildings halls. They are also in charge of a technical watch and any degradation in the area is reported.

But their involvement doesn't stopped here any longer, they are really integrated in the life of the neighbourhood and often they help the lonely people. They are a real social link organized around the régie de quartier.

Who are those «night mediators» and how did they got involved in this job?

ABDEL: I was born in Morocco, I arrived in Angers when I was 1 4. My first job was to be a cook. One day, I became aware of the state of insecurity of my district and I didn’t want my children to grow up in those conditions. I did voluntary work a lot and I was recruited to make of the night mediation by a social housing association.

At that time, the night correspondents, with their current functioning did not exist. It has been now 1 4 years since I perform this function.

At the beginning, it was difficult and I lived rather hard moments because I was not trained.

Since I followed numerous trainings on the alcoholism, the distress, the depression, the psychology, the solitude, the ethnic groups .J' managed to obtain my diploma.

With Lahcen we went to Paris, where we worked with Bernard Schwartz (The ‘creator’ of the social mediation in France). It was very enriching.

I consider as a social link with the newcomers and 'French' already well settled.

LAHCEN: I was also born in Morocco.

And my job was to be a plumber. I found myself unemployed and the person in charge of my file directed me to this job. I especially wanted to help the young people.

I had no knowledge in this domain and the debuts were very difficult but as

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my colleague has just said it , we went to Paris and Bernard Schwartz really helped us by letting us participate in the discussions. I am very proud to have been able to meet him and to contribute to the professionalization of this job.

I also sat my diploma after several years, as many I was formed on the ground. But the trainings I followed, such as in Ethno-sociology, in alcohol science, in communication and in office automation really allowed me to evolve and to find my place in this post.

VALERIE: I have a rather atypical route. I was born in Normandie. I had travelled a lot pushed by the desire to discover new horizons. I made full of ‘casual jobs’ especially in the social: organizer for children, social remedial courses, social organizer. And as I had two children, I needed stability, I came to Angers to work at the régie de quartier. But, first I refused the post as the schedules seemed to me insuperable with my very young children. And then, the coordinator meant looking for me, I thought about his proposition and I accepted. I managed to get organized. I learnt to have a nap!

This job brings me all I was looking for: autonomy, freedom of actions, the work with various public, with various ages. It is very enriching.

In brief, since 2002, I was formed and I obtained my diploma too.

YOUSSIN: I'm 23. My professional project is to become sports an organizer. I was looking for a job and I have been proposed a ‘contrat d'avenir’ at the régie de quartier. That's my district. I, of course, knew the night mediators, I often saw them in the streets. We are sometimes perceived as ‘tosses’ but it is false, we are there to help people. What touches me and surprises me too, since I have this job, is that many of my friends have sent their resume to work as I do.

It’s valorising to know that we are an example for the others. I know each street by heart, many of the inhabitants too as I’ve been living there since I was 2.

ELODIE: For me, it's a little different. I started with the training. Now, I study in Nantes to become a mediator and here I do my training period. I discovered that the job was night mediator was really a social link. The atmosphere is agreeable and I

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like the idea to go and meet people.

That's different from the social mediation where you have to wait in an office. But, I think that for me it’s a little too calm.

I don't know if I will work as a night mediator, but I'm sure I want to be a social mediator… correspondents…They have different names according to the city. They are neither policemen, nor justice representatives. Their job consists in walking in the streets of the city, in the dark night, to reassure the population, exchange and solve the problems of the everyday life.

All agree to say that the fact of living in the district is not a problem that a training is necessary to be better prepared to face the problems and know how to act in certain situations which can very fast degenerate. They are known and recognized and in the street, each greets them and matters on their reassuring presence.

The concept of the night mediators was born in 1 994 in France and was developed in the West of France. The financing is assured by the social housing associations.

The diploma in France is called AMIS : Animateur Méditeur d’Intervention Sociale (“amis” in French means friends) Night mediators, night correspondents, night mediation

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CASE STUDY 4—SAM Françoise Salesse

fransalesse@gmail.com

To avoid the car crashes which are the first cause of death beyond young people, the government has created:

Who is Sam ?

It is a French campaign against the drink-driving, targeting the young drivers with the slogan “the one who drives, it is the one who does not drink”. It was launched for Christmas and New Year holidays 2005. Sam, character decked out by a big head, but stayed sober, returns his /her alive friends by car, (as Bob in Belgium or Bob in the Netherlands and in Germany).

We often speak about the social and community mediation as a solution for violence and integration in big cities but for once we would like to present you an example of integration of a small community in a small village.

Several actions like this one are done all over France.

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CASE STUDY 5—THE HMONG’S HOUSE: The integration of an Asian community in a small village Françoise Salesse

fransalesse@gmail.com

Montreuil Bellay héberge is since 1 978 one community Hmong.

But a little let us go back to understand how people of the Loas arrived in our village.

Miao is the fifth ethnic group in terms of population among 56 “nationalities” of China. The Chinese inventory of 1 989 estimated their number at more than seven millions, and that of the 2000 about nine millions.

Hmong living in Laos represents 7,9 2 of the Laotian population, that is approximately 438 300 people. They are a member of 49 ethnic groups listed by the Laotian government on 1 989.

Today, although the hmong people are integrated into the Laotian life, a not quantifiable part of Hmong is taken refuge in the jungle, in the zone of Xaysomboun, pursued by the Laotian and Vietnamese armies, to have helped the French people during the War in Indochina then the Americans during the Vietnam War. In 2005, they are no more than 8 000, against more than 30 000 decade there earlier.

During the last decades, a strong population of Hmong emigrated in the United States, in Australia, in New Zealand, in Canada, in Germany, in Japan, in Argentina and in France (estimation in 30 000 according to Chô LY, on 2004), of whom approximately 2 000 in Guiana.

The largest part still lives in South-East Asia: China, Vietnam, Laos, Thailand and Burma.

In 1 978, avoiding the repression quibbles of very numerous Hmongs exiled themselves in France. They arrived for a big part to Limoges. And have then were dispatched almost everywhere.

Why Montreuil Bellay?

Because it is an agricultural region and because Hmongs, inhabitants of mountains are farmers. They found in this village of the work, and housing.

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As shows the graph below, during period 1 978-1 987, we can distinguish a first wave (1 978–1 981 ) during which arrive 1 48 individuals (45 adults, 1 03 children, either 1 9 families), followed by a period of total stop of the arrivals, followed itself by a resumption of the migration (1 986-–1 987) much lower that time (5 adults, 1 5 children, or 3 families).

But the integration was not easily made. There was numerous clashes and even a murder.

These people had abandoned, quite left everything to look for a ground of refuge. Everything, here, was foreign to them: the climate, the language, the culture, the skin colour. They withdrew on themselves and it was necessary to wait for three generations so that they open to the inhabitants.

The fact that Hmongs born in France went to the school opened a little the doors of their universe thanks to the capacity to communicate, but only the children spoke French. Numerous attempts were made so that Hmongs follow French courses but the women had no access Graph n°1 : hmong families arrived in to the reading or the writing and theMontreuil-Bellay (1 978-1 987) re was a refusal hidden from the head of the clan. Then some marriages of love and reason allowed a more important insertion. However, it is the totally different world which we have discovered.

Jocelyne Martin here photo with her grandson, born from a mixed marriage.

We were able to take advantage, during a week of the big photos representative les Hmongs in traditional costume on every street corner.

Typical dress of white Hmongs and green Hmongs We were invited to discover their dances, their songs and their cooking, their history and their culture. There is from now on a building: the traditional house of Hmongs, built by the members of the association Tcha which redraws their history.

This musical instrument has a very particular function. When the child born in Laos, the placenta is buried at the foot of the mast which supports the house for a boy, under the bed for a girl. During the death, the music emitted by this instrument

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has to lead the soul up to its born house. Sometimes it can last twelve hours, confided us an old man Hmong, the soul has to cross all the countries to return at her home (with her). For those who were born in France, we do not know where is the placenta, then we send the soul to the hospital.

French young lady inte-

grated into a family Hmong, which speaks their language and shares their customs

Typical Hmong Dance Initiation into the dance of hands for some inhabitants of the municipality As Marc Bonin said, new Mayor of Montreuil: “in the last century, the history pushed these people,

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these women and these children to settle down in our city and we shall write together from now the history of Montreuil Bellay.�

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2.2 GERMANY Hans Giessen

I—CONCEPTION OF MEDIATION Mediation is a structured voluntary procedure for constructive resolution of conflicts. The parties to the conflict need the support of a third party (the mediator) to reach a common agreement that meets their needs and interests. The mediator does not involve with own decisions, but is only responsible for the procedure.

Mediation thus is seen as a process to minimize or even solve conflicts in order to avoid spending much money (as do other legal, formal and informal forms of conflict solving for example in front of courts) or, of course, before harm develops The aim is that conflict parties should solve their problems and a get on living together peacefully by understanding the other party‘s position, clearing their relationship and developing ways on how to go on together.

CONCEPTION OF SOCIAL MEDIATION Social mediation tries to solve social conflicts before they get a judicial dimension by the parties so that they can be cleaned up.

CONCEPTION OF COMMUNITY MEDIATION Community mediation deals with conflicts between private and public interests and conflicts between several public as well as between private interests. It is also called “Mediation in the public sector”, bridging the gap between political, economic and social issues. Frequently, the authority appears as a sort of guardian of the public interest or for the public interests that it is responsible on its own initiative.

However, the mediation in this context is not intended to create acceptance for the

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authorities planned projects.

Social mediation is very common in Germany. It is important in the field of social work. Nowadays it is even part of legal education (juristic studies) In 201 1 , thus in very recent times, an important event occurred in Germany that was regarded as a breakthrough of political mediation: The conflicts about „Stuttgart 21 ”, the new railway station in Stuttgart that was highly controversial (with this new railway station, connections to Munich will be some minutes faster, but it costs millions and means bottlenecks in the city centre for years). Community or political mediation is seen as important tool to reduce the influence of central governments, decision makers (it is also a symbol for the loss of reputation of the political system).

Other areas of community or political mediation are, for example, new streets, new swimming pools, or, on the negative side, the closure of institutions because of the financial problems of communities, environmental conflicts, and so forth.

II—CONTEXT OF MEDIATION HISTORICAL AND SOCIOLOGICAL CONTEXT MEDIATION Roots go back until the time even before the triumph of Christianity: Celtic and Germanic tribes lived as traditional segmentary societies that were akephal (without king or government), equal and in a reciprocal way. As there existed no way (except maybe personal charisma of certain influential people) to enforce rules or decisions, consensus had to be reached. The institutions to get this were so-called “things” in traditional Germanic societies, later on “Geraide” in our region.

History to a certain degree can be described as the (very long-term) process of central institutions (church, government) aiming to reach control over the individual. The Church and/or the government built schools, get control of the legal system, and so forth. Extreme points of this process were for example France since Louis XIV (at the time the Saarland region belonged to France), or Germany under fascism.

Nowadays trends became more and more important to reduce governmental (or religious) influence in order to reach more flexibility. Mediation as one of the means in this process, which is one of the reasons why mediation becomes more and more important in a post-modern (post political) society.

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Germany and the Scandinavian and other ‚northern‘ countries belong to a group of societies where this process begun already in the early 80s. Here, mediation is accepted since then (one of the earliest countries in Europe).

For example, family mediation is offered freely since the eighties by governmental, communal, local, and church institutions.

Mediation in its current form evolved from the practice of extra-judicial conflict resolution. In Germany, the procedure has increasingly established since about 1 990 and has also been empirically evaluated.

SOCIAL AND COMMUNITY MEDIATION In historical times, community mediation was the only way of conflict solving as with ancient Germanic and Celtic tribes, no “state” existed. So a highly respected third party mediated dispute for disputes between people, families, or clans. Core case is the avoidance of blood revenge between neighbouring clans through victims compensation.

POLITICAL CONTEXT It was stated that until the late 1 990's, general interest in mediation methods has been relatively modest (Proksch 1 998).

To my opinion, this is not the case. For example, already a first German initiative regarding mediation was made in the context of a conference held in 1 977, and later published in the JahrbuchfürRechtssoziologie und Rechtstheorie (“Yearbook for Legal Sociology and Legal Theory”; Balnkenburg et al. 1 980).

Anyhow, the impression might have occurred as there exist several difficulties resulting out of the fact that the German constitutional law divides regimentation between the federal state and the Länder, the Länder being responsible for Learning, but also for Professional Regimentation. Thus, we indeed have few to none actions on the federal level. Indeed, general legislation on mediation on the federal level started only in this century.

MEDIATION In Germany mediation is regulated on the levels of the federal Länder.

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Community mediation is a voluntary process in which all of the politically relevant stakeholders search for a common, long-term solution. The decision-making remains with the politics and administration.

III—LEGISLATION As of 1 January 2000, Germany's Federal Government of Germany introduced a new law that permits all German Länder to allow mandatory court-connected mediation in regard of civil disputes. This Introductory Law of the Code of Civil Procedure (“EinführungsgesetzzurZivilprozeßordnung” or “EGZPO”) had several primary goals. On the one hand, the Federal Government wanted the law to promote mediation as a dispute resolution method among disputants. However, also other aspects were important, not least the desire to reduce costs and the case load at the courts.

However, as the German constitution gives the right to introduce interior legislation according to regional traditions (such as the local disputing culture), there exists no common mediation model.

The first Land to initiate mediation has been Lower Saxony. Already in 2002, a project called “court-related mediation” was introduced. The project was considered a success, and the Lower Saxony Ministry of Justice organized a promotional exhibition “New Ways of Dispute Resolution” in order to bring in particular the benefits of extra-judicial mediation into the public consciousness.

In Hesse, mediation was made possible since 2004. Since 201 0, internal court mediation is practiced everywhere in the first and second instance in the Hessian Social justice system.

In the same time, Bavaria, too, enabled experiments and pilot projects in the fields of civil jurisdiction and in social justice.

Germany did also implement the European Parliament's Directive 2008/52/EG from 2008 on mediation. The Federal Cabinet adopted on 1 2 January 201 1 a draft law submitted by the Federal Ministry of Justice. The bill was passed by the Bundestag on December 1 5, 201 1 in third reading. On 26 July 201 2, the Law on Mediation was introduced on the federal level. The law's goal is to promote mediation and other methods of alternative dispute resolution.

MEDIATION Each federal Land in Germany regulates mediation in it's specific way.

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SOCIAL AND COMMUNITY MEDIATION As community mediation is a voluntary process and decision-making remains with the politics and administration, there is no general legislation GERMANY

IV—MEDIATION FIELDS Mediation historically begun as family mediation. Meanwhile, an increasing diversification of application fields can be observed: • Mediation in the family environment, i.e. in cases of separation and divorce or inheritance disputes; • School mediation; • Business mediation with applications to intra-and inter-enterprise in the field; • Community mediation

V—MEDIATION PROCEDURES TOOLS exist.

As it is a process beyond (or before) a judicial procedure, no fixed tools ACTIVITIES

1 Clarification First, the parties will be informed of the mediation process, sometimes a mediation agreement is concluded and agreed to proceed together.

2 Themes Collection.

The parties present their points of disagreement, so the topics and areas of conflict can be structured for further processing.

3 Clearing the Positions The problem solving process begins with the decision on the first issue to be treated. Important at this stage is mainly the clarification of underlying interests.

4 Assessing solution options solution options to the problem are collected in the way of brainstorming.

Possible solutions are evaluated and negotiated.

5 Closing Agreement

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Finally, the results are fixed (usually in written form).

As the goal of mediation is the solution of a conflict, the question of values or a possible fault is not in the foreground. Mediation has to be an „open end“ process. It must not be clear in the beginning what the final result will be. Especially in social mediation, it is essential that the process has to be conducted in a strictly confidential way. Participants have to be free to participate or to leave. Mediators are not party but have to behave in a strictly independent way (which might even cause ethical conflicts for example if you as a mediator know for an ethically problematic behaviour of one of the participants).

VI—THE ROLE OF THE MEDIATOR It is extremely important that the mediator is not partisan; so his role is to avoid a role.

VII—TRAINING PROFILE OF MEDIATION Also, the training of mediators differ from Land to Land. It is important to keep in mind that the German Länderare not even obliged to legislate on mandatory training. Mediator is not a protected professional description; thus, everyone can work as a “mediator” as long as conflicting parties accept him/her. However, especially in the field of legal mediation, all Länder adopted a kind of university training for lawyers that applies to the Code of Conduct for Lawyers.

Germany and the Scandinavian and other ‚northern‘ countries belong to a group of societies where this process begun already in the early 80s. Here, mediation is accepted since then (one of the earliest countries in Europe).

For example, family mediation is offered freely since the eighties by governmental, communal, local, and church institutions.

Only in some cases mediators have a special form of (further) education as “mediators”. At some universities you can gain “Master of Mediation”; at other universities (among them Saarland University), it is part of the education in the departments of social work, law, or education sciences. There are also modulized forms of education offered by professional associations. However, it is not required to have a specialized education in order to work as a mediator. It is a “free profession” in Germany.

GERMANY

VALUES

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FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

GERMANY

There exists a new federal German mediation law from 201 2 that says that courts can ask for mediation before taking over a case. This means that mediation is generally accepted in Germany. It is seen as an important part for example in the legal system.

The job title of a mediator is not protected by law in Germany, there is no statutory regulation of mediation training. A mediator gains about 1 00 Euros the hour.

Still, mediation is cheaper as a court process. On the other hand, this is an interesting way of earning money even for lawyers. As said, mediation is included as part of the studies of law student‘s according to Saarland University‘s legal department curriculum.

On the other hand, only 43 % of the Germans had already heard of the concept of mediation (57% haven’t heard of it, source: Statistical Germany 201 3).

Bundesverband Mediation is the professional organisation of mediators – however, it is not compulsory to be member. So just to give you an impression: BM has a little bit more then 2000 members (in comparison: Germany has 82 Mio inhabitants).

There exist no hard statistical facts about how many mediations are conducted in Germany. Reason is mainly the legal situation. Mediators who do not come from the legal profession have (for now) no right to testify in court. To protect their customers, these mediators usually destroy all documents after completion of mediation. It is the only way to be able to say truthfully in court (if the mediation process fails, to be able to say) not to have to say anything about this mediation process. It goes without saying that under these circumstances any number of reputable surveys to mediation in Germany is impossible.

All of this means that, in spite of the general acceptance in the political and public sphere, the concept still is not commonly known about. However, we suspect that this refers to the “name” of mediation – the concept is wider known.

Problems However, legal mediation remains with lawyers, not with psychologists. In consequence, new problems occur.

Legal Mediation is defined in the Code of Conduct for Lawyers. It is not a legal service but considered as a pure brokering. For lawyers who work as mediators, § 7a of the Professional Code of Conduct declares that they may only be described as mediators if they can prove appropriate training. This is considered an important development as it leads to a certain professionalization of mediation. Secondly, mediation thus is acknowledged as a part of the field of legal practice.

However, when the Professional Code of Conduct declares that a lawyer

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who acts as mediator is subject to the rules of professional law, it is clear that even when acting as a mediator, the lawyers have to foremost accept their own profession's standards, an important part of them being the duty of confidentiality. He, however, has to follow the rules of mediation at the same time, regarding the terms of confidentiality and the prohibition on the perception of conflicting interests.

Now, the mediator's obligation of neutrality forbids a lawyer who is connected with a case (for example, when he had previously been asked for a lawyer) to take over mediation. Similarly, a legal advice is forbidden even if mediator and lawyer is one and the same person, and has legal knowledge.

Even if a lawyer has previously represented one of the parties to the mediation lawyer in another case, difficulties arise. The professional legal problem of representing conflicting interests does not arise; nevertheless the neutrality of the mediator might be questioned.

References

Blankenburg E. et al (1 980), “Alternative Rechtsformen und Alternativen zum Recht”. In: Jahrbuch für Rechtssoziologie und Rechtstheorie, Volume 6, Köln 1 980.

Proksch R. (1 998), “Mediation in Deutschland – Stand und Perspektiven außergerichtlicher Konfliktregelung durch Mediation”, In: Zeitschrift für Mediation Vol. 7 No 1 , 1 998

GERMANY

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VIII—CASE STUDIES CASE STUDY 6—POLITICAL MEDIATION ON A ROAD GERMANY

Hans Giessen

h.giessen@gmx.net

If you want to drive from Saarbrücken to Stuttgart or Munich, the shortest way is Bundesstraße 1 0 passing through the Palatinate Forest. Not only travellers from Saarbrücken appreciate this route. Every day, almost 1 8,000 cars pass B1 0, including 3400 trucks. The popularity of the route thus is a problem. Should B1 0 be extended into a highway? Or would an expansion attract even more traffic that plague residents and affect ,Palatinate Forest Natural Park’?

Back in the eighties, there was an attempt to convert the B1 0 in an A8, a German Autobahn or motorway, as part of the European transport axis Paris - Prague. At that time, the project was opposed especially the southern Palatinate, where “a highway through the Palatinate Forest” was seen as a thread. Palatine is touristical region, part of a UNESCO Biosphere Reserve. A first compromise was found: B1 0 was expanded to three or four lanes, where the mountainous landscape enabled this, and tunnels were built.

However: the tunnels themselves have only two lanes and were designed for a maximum of 1 5,000 cars daily, including 300 trucks. Thus, B1 0 is now officially a “motorway-like high-performance federal road”. So discussion enflamed again. Critics fear a “salami tactics” to still enforce the formerly prevented highway. In fact, the expansion supporters, mainly from the structurally weak, somewhat remote region of Pirmasens, offensively fight for a “proper” highway.

The critics say that it is precisely the expansion from the Eighties that made the route so attractive for long-distance traffic. The battle lines have hardened. “Insolence and impertinent” are the expansion opponents, declared Pirmasens Mayor Bernhard Matheis (CDU ) in January 201 3. The industries from Pirmasens would need a freeway access, otherwise the region would decline even more.

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In 201 2, the Greens entered the Rhineland-Palatinate state government, together with the Social Democrats. SPD accepted that a political mediation took place, modelled after the negotiations at the Stuttgart train station . The mediation process got its own budget and a prominent leader, the former president of the Protestant Church, Eberhart Cherdron. Cherdron was accepted to have free hand: he could invite all experts he felt necessary, and set the agenda. The only restriction: in winter 201 2/201 3 the mediation process has to be completed so that the state government can proceed, in whatever direction. This date was given by Berlin, as the federal government that finances the federal highways needed a date for the budget, not later than autumn 201 3.

But it was precisely this time pressure that invited the opponents to try some procedural tricks. Cherdron, for example, wanted to talk about noise protection.

Erich Weiss from Pirmasens, refused. When the topic came on the agenda, he and his friends simply left the podium. The result: Cherdron split this topic from the general agenda. Although he was able to organize a hearing, its results were outside the official mediation. There was no time to think about alternative projects, too - like a better integration of Pirmasens to another highway at Kaiserslautern. Thus the question occurred whether mediation is a useful mean to resolve such conflicts.

Despite all odds , at least a temporary compromise was reached. The road is to be widened to four lanes where this is smoothly possible. A four-lane expansion of the tunnel is too expensive, so here the road is left at three or two lanes. Has the mediation process thus achieved the goal?

On the one hand, it has made public what in other circumstances would have been discussed by the politicians behind closed doors—including the procedural tricks, and the defeats. On the other hand, politicians fear that this undermines public reputation. Thus, in another case, the Moselle bridge of Urzig, even the Greens have decided against mediation.

GERMANY

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2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.3 ITALY Fabrizio Boldrini

ITALY

I—CONCEPTIONS OF MEDIATION MEDIATION Free, consensual and informal method of dispute resolution, conceived as an alternative to the formal justice system in a wide range of environments (social, community, family, criminal, work, etc.) and aimed at giving those involved a space for communication and the way to reach agreements.

As regards intercultural mediation, however, this definition needs further clarification since it is a type of mediation undoubtedly directed to operate also in conflicting situations—specifically of cultural origin —but which, in general, aims at a complete integration of immigrants in the host country, facilitating access to essential services (see “concept of social mediation”).

SOCIAL MEDIATION Social mediation is a tool for managing insecurity and widespread social unrest in cities and in different types of community life, as well as for crime prevention which can stem from a poorly managed conflict. The areas affected by social mediation are manifold, e.g. the school, the workplace and the family.

In Italy, a crucial area of intervention for the mediator is represented by the cultural linguistic and religious aspects linked to migration: the cultural and linguistic mediator, in fact, plays a key role in the integration process of immigrants, primarily by facilitating their access to the use of basic services.

Since the first experiences in the field a mediator is both an interpreter and a translator working on the transformation of linguistic codes, at times with an vaguely

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assimilationist approach by translating the rule expressed by the service in order to be understood and respected also by a foreigner; in this way, the correct reading of the needs of the latter ends up being a secondary issue. In any case, the orientation-disclosure functions of mediation are defined through interpreting which in some services ends up answering the needs of the operator and of the user (e.g. offices, registry offices, police offices, information desks). It is important to underline the fact that, due to the low investment in training and support of the operators who work with the mediators, today interpretation services are still frequently the only function required of mediators also for services such as healthcare which could instead benefit from a more significant contribution. The lack of indications about the added value that a professional mediator can provide, as well as the lack of supervision of both the professional and personal relationship established between the mediator and services operator, combined by a very high pace of work, often relegates the mediator to the role of “translator�. In reality though, the levels can be manifold. Often, the simple interpretation and service orientation is immediately set alongside a supporting and accompanying service to users, frequently designed on the identity/similarity of personal experiences and therefore on the activation of a kind of empathy between the mediator and the user.

The process of recognition between the two is therefore fundamental: the sharing of a migratory path, however different it may be, recognizing oneself in the words of another, the difficulty of living in a new and unsettling context are all active and effective features in the process of accompanying and taking charge of the user.

In this sense, mediation expresses also the detection, reading and transfer of needs otherwise destined to remain unexpressed or to be interpreted in a strictly mono-cultural perspective. The demand expressed by migrants to services is often a complex and manifold one which hides a need to take charge and covering many interrelated features (health, social, relational and professional).

Effective mediation helps the migrant to express his/her needs so that services can supply the answer. A cultural mediator may also perform other important tasks, such as the promotion of information and cultural interventions aimed at the host population, in order to increase a degree of knowledge on the phenomenon of immigration and to prevent the spread of negative stereotypes and/or attitudes of rejection and discrimination. A mediator can also encourage among migrants the conservation of their own culture.

Particularly important is the role of the mediator in the social and health care sectors, especially with regard to the issue of female genital mutilation. In this context a strictly cultural conflict emerges and the mediator can intervene to prevent those acts which could be considered criminal under the host country’s legislation.

ITALY

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COMMUNITY MEDIATION This is a form of local community social action: it fosters communication and interaction and helps to transform and redefine relationships and social bonds. Community mediation encourages the active participation of individuals, social groups and local realities in the management of conflicting issues and critical areas on the territory and fosters a sense of belonging and active care from the citizens in the area where they reside. In this way, it contributes to the construction of a participant community or a cohesive community, supportive, open, and able to propose and practice positive solutions and design, along with the local government, a living environment more responsive to the needs of both the individual and the group.

ITALY

II—CONTEXT OF MEDIATION HISTORICAL AND SOCIOLOGICAL CONTEXT MEDIATION The strong presence of the law in Italian culture and society has led to the rise of mediation and, paradoxically, at the same time it delays theoretical reflection on the phenomenon.

On the one hand, in fact, the emergency due to the delay of the Italian Civil Justice system has certainly been a stimulus for the development of the first experiences of mediation.

On the other hand, strong hostility towards mediation by certain professions related to the world of law (e.g. lawyers) has also arisen.

SOCIAL AND COMMUNITY MEDIATION First form of social mediation: family mediation. Since the Divorce Law the number of marriages has halved and in the last twenty years that of separations has tripled. Every year in Italy the number of homicides committed within the house walls has increased compared to episodes of organized crime. The response of the justice system is not enough: there are uncontrollable conflicts which can suddenly erupt and need the assistance of other professionals beforehand. In this context, family mediation is an important resource since it can prevent or reduce conflicts and create the

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ideal conditions for the emergence of the figures of both the defender and the judge.

The first studies in Italy on family mediation where set by psychologists and legislators in the 1 980s (see Cesabianchi, Quadrio e Scaparro, Maturare la separazione, in Il Bambino incompiuto, 1 985).

The basic concept is that separation is not the conclusion but the starting point for app civil relationship between the couple, above all in the interest of the children. In 1 988 the GeA (Genitori Ancora) was born; this is an association which shows the first experiences of family mediation and conciliation.

The Italian legislation began to address the issue of mediation only in 2006 with the Law on joint custody. However, there is still no comprehensive legislation regulating this sector and consequently this activity is mainly entrusted to psychologists and also to operators who have been trained with only a few hours of simulation. A strong obstacle continues to be the lack of a professional register of mediators, specific fee table, and a code of ethics, shared guidelines and clear competences.

Currently in Italy there is a “peppered� situation: certain areas have mediation centres of absolute excellence whereas the same cannot be said for others.

The linguistic-cultural mediation was born in Italy at the beginning of the 1 990s as a creative and often self-organized response to the need to take responsibility of immigrant users by public service operators (schools, healthcare, social services) in a number of large cities in northern Italy (mainly Turin and Milan which were the destinations of the first migratory flows in our country). Some truly pioneering and innovative experiences were carried out by organisations such as the Naga in Milan, Cospe in Bologna with its the Health Centre for Foreign Women and their Children operating since 1 991 , with an intercultural welcoming centre managed by cultural female mediators, the Centro Alma Mater in Turin operating which, since 1 990, trains and employs as cultural female mediators for the reception of foreign women.

In this period the mediator was defined as a professional figure and carried out a number of functions which often were negotiated with the services by the professionals themselves or their associations.

On closer inspection, this plurality still remains and is better understood and defined by theorists/scholars, but it is often present in an unconscious way and not organised in the daily work. Gradually, due to the intensification of migratory flows and the increased impact of foreign residents on services (mainly due to family reunification, which introduced women and children in a scenario previously only male dominated), the linguistic-cultural mediation rapidly became widespread, although in a completely irregular way among the different regions, among the cities of the same region and sometimes in areas and services of the same city. In many regions of Cen-

ITALY

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FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

tral and Northern Italy, hospitals, healthcare centres, schools and municipal offices can rely on the presence, either programmed or occasional, of linguistic- cultural mediators.

The local community mediation is not part of a general plan; it usually consists of individual projects carried out by municipalities focusing mainly on intercultural mediation. The challenge of these projects is to foster a sense of common citizenship regardless of religion, ethnicity or colour through knowledge and the sharing of community rules.

POLITICAL CONTEXT ITALY

MEDIATION Civil mediation

The timing of civil justice in Italy is a well known problem: according to recent monitoring by the European Commission (March 201 3) Italy was third from last, followed only by Cyprus and Malta in the European ranking on the length of judicial proceedings. In this dramatic context, the development of civil mediation under the law of 201 0 was seen as an important step, although strong hostility was immediately expressed by some sectors of the legal world who requested that civil mediation should be carried out exclusively by legal professionals.

Further concerns were raised only two years after as a result of the sentence by the Constitutional Court which annulled the norm which introduced mandatory civil mediation before appointing the ordinary courts, with the risk of shooting down mediation even before it had taken off the ground.

The positive effects of mediation are evident: being mediation 'mandatory', legal proceedings have significantly decreased by at least 1 3%. It is therefore very important that the objections are overcome by the Court in order to restore mandatory mediation. In this direction the Italian government has recently taken steps with the c.d., “Decreto del fare� (DL 69-201 3) reinstating the status you ante.

SOCIAL AND COMMUNITY MEDIATION Family mediation

Traditionally, family mediation has caused strong hostility: many lawyers and psychologists consider family mediation as an uncomfortable and cumbersome competitor to their role as advocates and advisors. Luckily, today there are now significant signs of openness towards mediation by a substantial part of advocacy, which begins

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to believe mediation as a resource and not as a dangerous rival.

Today we can witness the development of the foundations for a culture of sensitivity on mediation. Universities and especially associations operating alongside the Social Services of the Local Authorities, are trying to pass a message that can be of hope for those who want to leave behind their own experience in failed marriage in favour of an agreement for the sake of their children, who were before considered barter material by separating couples when there was nothing but resentment for the former partner who may have met another person and therefore wished to build a new life.

MEDIATION Civil mediation

• Law Decree 28-201 0, which governs civil mediation.

• Sentence 272-201 2 by the Constitutional Court, which declared unconstitutional the rule providing for mandatory mediation by excess of legislative delegation.

• Law Decree 69-201 3, which reintroduced, with some corrections, states that civil mediation be mandatory for some specific matters.

SOCIAL AND COMMUNITY MEDIATION Family mediation

• Law 54-2006 which reformed some rules about family law, providing that the judge may inform the parties, i.e. the couple ready to separate or divorce, about the possibility of undertaking a course of family mediation in order to find a shared agreement, acceptable to both regarding the guardianship of the children. Before going to the Judge there will be a preliminary step at a public or private mediation centre where, helped by an expert, the couple will try to find a path towards conciliation in order to come to a separation agreement shared by both. This "passage" should not be viewed as mandatory but as an obligation offered to couples who have decided to end their marriage bond.

• Some Italian regions have adopted specific laws on family mediation, establishing and funding centres or training courses in family mediation.

• Sentence 1 31 -201 0 by the Constitutional Court: the norms adopted by the Lazio region defining and regulating the professional figure of the family mediator

ITALY

III—LEGISLATION

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and which have established the Regional book of family mediators at the Regional Office responsible for social policies are unconstitutional. The professional Register, and the definition of the requirements for access to them, is in fact the responsibility of the central government.

Intercultural mediation

ITALY

• The first appearance of the term "linguistic-cultural mediator" in a legislative text dates back to 1 990: it is the circular letter by the Ministry of Education No. 205 (26 July 1 990), "Welcoming and integration of foreign students into the Italian school system", dealing with the use of native mediators to facilitate communication within the school and between school/family. The figure of the mediator is not further described, nor are defined roles and responsibilities.

• Law Decree 286/98 (“Consolidated text of provisions governing immigration and the status of foreigners”): at last the figure of the linguistic and cultural mediator is to be found in a legal text. Articles 38 and 42 explicitly mention the use of cultural mediators, describing also the possible also the operational solution, which will in fact become the most frequent agreements between public and private social associations. What should be stressed is that for the first time the term “qualified” mediator implying that such functions cannot be carried out by improvised volunteers, but by specifically trained professionals. However, the ambiguity remains, since some articles quote the term “qualified mediators” and others quote “intercultural mediators” without specifying the difference. The subsequent evolution of the national legislation on immigration (Law 1 89/2002, the so-called “Bossi-Fini”) does not introduce any new developments on the subject. At national level, therefore, the figure of the cultural mediator is characterized by a strong uncertainty and confusion in its definition.

• Some regions and local governments, in the face of a substantial national legislative vacuum, have emanated laws and regulations on the subject, to lay down definitions, functions, pathways at least valid for their territory. The result is a highly diversified mosaic, showing wide differences from region to region and an obvious difficulty for mediators to have their acquired qualifications recognized when moving from one region to another for professional reasons. There are currently 1 0 regions that have emanated laws on linguistic and cultural mediation (9 regions and the autonomous provinces of Trento and Bolzano).

IV—MEDIATION FIELDS Civil mediation: working on the resolution of conflicts between private par-

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ties relating to their available rights. The aim is to make the parties come to conciliation through the work of a mediator, i.e. a professionally qualified figure and third party who helps the conflicting parties to settle a dispute. The mediator helps the parties to come to an amicable agreement for the settlement of a dispute and in the formulation of a proposal for its resolution. Areas of civil mediation: real rights (distances between buildings, usufruct and right of way, etc.), division, inheritance, family agreements, leases, extended loans, rental of companies, compensation for medical malpractice, compensation for libel, insurance, banking and financial contracts, condominium disputes, disputes arising from road accidents. this supports and facilitates the reorganization of parental s - and, more in general, among the members of the same family - as part of a procedure for the separation of couples and families which can bring about a change in personal relations between the parties. In a structured context the family mediator, a neutral third party holding a specific training, requested by the parties, guaranteeing confidentiality and independent from judiciary, endeavours that the parties develop firsthand a satisfactory separation program for themselves and for the children, within which the parental responsibility can be jointly exercised.

Intercultural mediation

An intercultural mediator operates in the fields of: healthcare, education, social security; justice (police, prisons, and courts), administrative practices (application for residency permits at police offices, declaration of residency with the local authorities); labour market.

Company mediation

designed to handle conflicts that may arise within the workplace and to search for a possible solution. Some of the areas in which the company mediator operates are for example: mobbing, the difficulties arising from ethnic, linguistic or religious diversities or all those problems which make difficult, if not impossible, an easy and fruitful collaboration without becoming a matter for judicial or trade union disputes.

Penal Mediation

this type of mediation occurs between the victim and the offender: the two parties may, with the help of a third impartial party, discuss and find a solution to the problems which have arisen from the commission of the offence. This procedure allows the parties to discuss together and the offender to become more aware of the

ITALY

Family mediation

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act committed, and, for the victim to find the right reparation to the damage under an economic or symbolic form.

V—MEDIATION PROCEDURES TOOLS Research: build knowledge about the social context or the individual situation in which the mediator will have to operate. The resources can be individually tailored interviews, assembly meetings, and analysis of databases, questionnaires administered to groups or circumscribed contexts.

ITALY

Communication and counselling techniques: communication has no doubt a key role in the activity of mediation (between the parties, between the mediator and the parties) It can be both verbal and nonverbal. In-depth knowledge of communication techniques favours the activity of the mediator and fosters cooperation between the parties and between them and the mediator.

Emotional personal resources: it is essential that the mediator has the ability to listen and to relate with the other starting from self awareness and own life experience.

Specific knowledge regarding the intervention techniques: e.g. in the context of family mediation, elements of psychodynamics of family relationships, family law and criminal law.

Mediation techniques and methodologies ACTIVITIES Preliminary steps

es.

•

The mediator studies the case and makes direct contact with the parti-

• Opening • The mediator introduces him/herself to the parties and describes the nature and rules of proceedings; indicates the order of intervention by the parties allowing them to give vent to the feelings (release phase), poses questions for clarification and collects the necessary information.

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Initial Session

• The mediator establishes a relationship of trust with each of the parties and collects sensitive information, ensuring its confidentiality.

Private Sessions

• The mediator encourages a cooperative approach and shows his/her ever increasing conviction about the positiveness of a shared agreement by both parties.

Joint sessions

Facilitates a constructive negotiation and helps to formalize the final

With specific reference to intercultural mediation, there are 4 areas: monitoring and verifying the relationship between users and services, implementation of the accompanying plan, identification and analysis of needs and resources of the immigrant user, preparation of the accompanying plan and assistance. It is, therefore, a "broadband" activity aimed at understanding the ability to provide further insights, making sure that the user and the operators are able to properly interpret the respective communication codes, or to interpret the cultural codes, to facilitate communication of the parties involved in the relationship. It may also discover unknown skills such as the ability to support the development of improvement of services, depending on the specific needs expressed by the foreign user. What clearly emerges is the possibility of development of this professional figure which does not necessarily carry out its actions in micro-context of the intervention with the user, but acts also at a higher level by engaging in developing activities of to be shared with the a team of Italian operators, planning permanent amendments to the services in order to improve the welcoming procedures for foreign users, acting as a consultant for the activation of individualized care plans.

VALUES As regards civil mediation Law. Decree 201 0 outlines a number of ethical and professional obligations of the mediator: confidentiality, professional secrecy, prohibition to accept rewards directly from the parties, the signing of a declaration of impartiality, prohibition to take on rights and obligations directly or indirectly connected with the case.

In relation to other areas of mediation, in the absence of a structured and

ITALY

• agreement.

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organic legislative framework, ethical and professional profiles are dealt with by individual associations of mediators. In general, the main values and ethical standards for mediators should refer to the following: commitment to assist the parties in order to find a solution to the conflict by facilitating communication, promoting mutual understanding, assisting them in identifying possible common underlying interests, working in a creative way to make sure that the procedure is as responsive as possible to the needs and interests of the parties; independence, impartiality and neutrality, commitment to continuously update preparation techniques for conflict management in the context of a mediation process.

VI—THE ROLE OF THE MEDIATOR ITALY

In general, the mediator is a professional figure who manages a process in which two or more parties in conflict or dispute each define a reality of its own which does not allow the possibility of identifying common elements.

In particular: • The civil mediator is a professional who intervenes in disputes assisting the parties in order to come to an amicable agreement and formulating a proposal for the resolution of the dispute. It can be a person or a panel of people working for a public or private organisation appointed and controlled by the Ministry of Justice; • The family mediator: deals with mediation concerning separation and divorce when conflicts arise between spouses. He/she does not aim to find an agreement between the parties in order to prevent separation or divorce, but to minimize the negative effects of the conflict, to re-establish communication between the spouses and to facilitate the reorganization of relations between parties in order to take into account the needs of each family member, starting with those of their children.

VII—TRAINING PROFILE OF MEDIATION Civil mediation: to enter the profession, a civil mediator must have at least a three year degree in any discipline; it is not necessary therefore to come from legal studies. Alternatively, also non-graduates may become mediators provided they are enrolled in a professional register such as a chartered accountant. In both cases, the would-be mediator must attend and pass a of 50 hour special training course provided by institutions appointed by the Ministry of Justice.

To exercise the profession he/she must register with the appointed organisation for conciliation. Enrolling up is a simple process: handing over the course certificate and own curriculum vitae, paying the enrolment fee. Once the application

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has been accepted the mediator can begin exercising the profession.

Outline of course contents: introduction to mediation principles and nature of ADR (Alternative Dispute Resolution); national and international laws and regulations; techniques for dispute resolution both judicial and extra-judicial; assessment mediation and facilitative mediation; mandatory or voluntary mediation assigned by the court; methodology of negotiations and conciliation procedures; application for mediation (form and contents); joint and separate application.

Role of the mediator, the parties and lawyers in the proceedings; techniques of conflict management and of communication interaction; the Agreement (how to draws up a conciliation contract and the conclusion of the procedures); effects of the application of the mediation and conciliation agreement. Responsibility of the mediator: obligations and ethics, practice exercises with simulations of conciliation, the advantages of conciliation.

Family mediation: in the absence of an official register for the professional figure of the family mediator, there are currently a number of master and professional courses run by universities, training institutions and associations of mediators.

Outline of course contents: family conflict and its implications in relation to the couple; models of family mediation; family mediation techniques, child development, separation and divorce and reunion of family; laws regulating family relationships; knowledge of procedures and functioning of the judicial institutions; managing the family budget and taxation; knowledge of elements of sociology, psychology, pedagogy and psychotherapy relating to family mediation.

Intercultural mediation: in some regions and local administrations, due a law vacuum at national level, have emanated laws and regulations on the subject in order to lay down definitions, functions, pathways at least on their own territory. The result is a highly diversified mosaic, with large differences from region to region and an obvious difficulty for mediators who travel the country for professional reasons, to see their qualification recognized.

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VIII—CASE STUDIES CASE STUDY 7—INTERPRETING AND INTERCULTURAL MEDIATION IN ITALIAN HEALTHCARE SETTINGS Fabrizio Boldrini Maria Rita Bracchini Virginia Marconi

Sara Alimenti Maria Chiara Locchi Valentina Raparelli

Grazia Paciullo

info@montesca.it

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Sociolinguistic studies on dialogue interpretation suggest that the interpreters in healthcare settings play a double role: they interpret and coordinate communication: for this reason, interpreting is considered a form of intercultural mediation. Based on the analysis of 55 tape-recorded conversations in Arabic and Italian in public healthcare services in Italy, in this case are pointed out the forms of intercultural communication promoted by the mediators and the linguistic aspects of mediation, discussing how the relevance of the migrant patients' voices in medical encounters is connected with the use of specific conversational resources by the mediators. Starting from the observation of actual and naturally-occurring interactions in intercultural healthcare services, herein it is suggested how an analysis of intercultural mediation may provide an empirical-based route to create guidelines for effective mediation practices.

Intercultural Mediation (IM) is a practice primarily used by institutions to encourage foreign groups to access public facilities, especially those related to healthcare, social integration, education, justice and job assistance. IM is of growing interest to Italian public services, whose users now include an increasing number of migrants.

Communication may be considered as the basic social process that gives meaning to either the interlocutors' “cultural reality” and their intercultural relationships. In this perspective, the cues of these meanings are observable in the interaction. Cultural differences are highlighted inside communication processes where the participants show and orient to different relevant values, different forms of contribution and different expectations about the results of communication. Any such difference in the medical system may, for instance, concern treatments of illnesses and expectations about both doctors' competent performances and patients' motivation to adapt to the doctor's suggestions.

We can borrow definitions of IM as applied to different social contexts. IM

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means “finding a common view, coming to an agreement, favouring compromise. It’s the creation of bridges and networks” (Ceccatelli Gurrieri, 2003, p. 1 5), IM is “a way of getting closer, facilitating contact, including, favouring interaction and exchange” (Favaro, 2001 , p. 1 0).

To have a working definition of IMt, the observation of communication processes involving institutional providers, migrants and a cultural mediator plays a crucial role.

IM can be seen as a special kind of interaction defined as “interpreter-mediated” (Wadensjö, 1 998). Specifically, IM is considered as a triadic interaction (Mason, 1 999, 2001 ; Wadensjö, 1 998) involving two primary participants (service provider and service user) and a third one (the interpreter-mediator), who has to allow the user to access the service by translating from the user’s language to the agent’s language, making both aware of each other’s differences, and also allows the service provider to provide the user with the service requested.

The interpreters' activities can be seen as primarily oriented to the joint construction of meaning through interpreting both what is said and what is implied.

Interpreters, therefore, need to consider the meanings and purposes that are achieved through a conversation and, thus, play a double role: they interpret and coordinate communication. For this reason interpreting may be understood as a form of mediation. The interpreter-mediator is the only participant in the interaction who is able to understand everything that the others in the conversation say. Therefore, s/he can define the context of the encounter, draw attention to the production of shared topics, and manage misunderstandings.

The most important function of the interpreter-mediator is not simply the faithful translation of what the participants say, but has to do with the promotion of a shared knowledge and with coordination.

In healthcare settings, the interpreter can act as a gatekeeper, i.e. a pre-filter that evaluates the importance of the patient's contributions before translating them. In other words, the interpreter is not a “linguistic parrot”, but an independent agent, responsible of a flow of information and medical evaluations. In fact, the interpreter is involved in a preliminary diagnostic process. In this respect, we can see the mediator as an active participant and evaluate the effects that her/his action determines on the orientation of the communication. To simplify, in intercultural terms we can hypothesise that through translation and coordination activities the mediator builds intercultural communications, promoting the active participation of the people involved in the interaction, while at the same time gate keeping, i.e. acting as a filter in the information flow.

This paper focuses on the dual role of IM, as interpreter and as mediator, as

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it emerged from analysis of conversations between interpreters, patients and doctors in an Italian setting.

The situations herein analyzed are three: 1 ) The inhibition of patients' active participation in medical encounters. Selectivity in the translation: zero-renditions.

The most common types of IIM action that exclude the voice of patient from the medical encounter are reduced renditions or zero renditions of patient’s and doctor’s turns of talk, cutting out some (reduced renditions) or all (zero renditions) of their contents from the translation. Mediator actions such as zero renditions make medical encounter proceed faster toward the diagnosis and prescriptions phases, thus apparently supporting the functionality of the system. However, we may ask what kind of system's functionality is supported by these actions. Recent researches confirm the efficacy of this type of mediator action in keeping the interaction coherent, for instance, censoring a part of the medical discourse that might not be comprehensible or manageable by the patient, or a part of the patient's discourse which might be irrelevant to healthcare treatment. But the same research shows that these types of mediator action hinder the trust building process between patient and healthcare provider. Since they create more distance between the principal participants, zero and reduced renditions pose risks to the therapeutic process and, paradoxically, compromise the core values (e.g., self-determinism and informed decision-making) of the medical system.

2) The promotion of active participation in the medical encounters. The support of the voice of patient in dyadic sequences.

Mediators' actions encourage patients' self-expression, giving voice to their concerns, doubts, needs and requests, thus promoting their active involvement in the medical encounter. Mediators may promote patients' active participation through different interactional practices, depending on the nature of the interaction: either dyadic (patient-mediator) or triadic (patient-mediator-doctor). In dyadic interactions, the mediator supports the voice of the patient through back-channelling, using short conversational markers such as feedback tokens and continuers, or echoing, to manifest attentiveness to, and involvement in, prior patient turns and contributions. The mediator expresses her attentiveness and understanding through feedback tokens (“Ah”, “mmh”, “Ah I understand you”). The mediator encourages the patient to express her concerns, making her participation relevant to the medical encounter, as a person with specific needs and worries rather than a generic sick person expected to provide current symptoms. In this excerpt, the mediator systematically encourages the patient to express her doubts about the therapy, thus promoting her participation in the medical encounter. Being empowered as an active participant, the patient is confi-

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dent enough to finally advance a request for clarification.

3) Affective formulations that re-include the doctor in the interaction The main difference between dyadic and triadic interactions consists in the way in which the doctor re-enters the interaction, which in turn depends on the mediator’s actions. The main conversational resource whereby mediators may involve doctors in the interactions are formulations of patient contributions. Mediator's formulations consist of translations which follow patient-mediator dyadic sequences, adapting their contents for the benefit of the doctors. Through formulations, mediators build, expand, and recreate the meanings of prior dyadic sequences according to presuppositions and orientations for which they are responsible. Formulations are not word-for-word translations of contributions in prior dyadic sequences, but they rely on the mediator's discursive initiative and willingness to create a common ground between patients and doctors. In this way, the mediator acts as a coordinator of the medical encounter.

Specifically, formulations are conversational resources available to the mediator in order to: a) provide a translation which highlights content from prior sequences of turns; b) make what is thought to be implicit or not clear in the prior turns of talk explicit; c) propose inferences about presuppositions or implications of the participant's contributions.

We focus on a type of formulations, affective formulations, which may be understood as discursive initiatives undertaken by the IIM to give voice to patients' emotions, which in most cases manifest themselves implicitly. Patients rarely talk about their emotions directly and without prompting. Instead, patients provide interlocutors with clues for their feelings, thus providing “potential emphatic opportunities” (Beach & Dixson, 2000). Affective formulations focus on the emotional point of patients’ utterances, giving the possibility to the doctor to share and get involved in the affective dimension of interaction. In this way, doctors are made aware of patients’ concerns, and patients assume a local identity that goes beyond the generic social role of being sick.

Through affective formulations, the IIM brings to the fore the patient’s emotions, which have remained implicit up to that moment, making them a topic for communication and a concern for the doctor. The IIM's discursive initiative capitalises the potential emphatic opportunity offered by the patient. Affective formulation reveals the IIM not as a neutral conduit but as an active interpreter of the preceding talk. In particular, the IIM's active participation concerns the patient's implicit, difficult, and embarrassed emotional expressions, providing a way for inclusion of such expression in the triadic sequence and for its treatment in a patient-centred interaction involving the doctor. A direct consequence of the active participation of the IIM is that there

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seems to be an overlap between interculturally and interpersonally oriented communication. Effective third-party coordination produced by IM promotes effective interpersonal communication enhancing personal expressions. In other words, intercultural coordination is not necessarily, and very often not at all, related to the emergence of cultural differences in the interaction. Our data suggest that third-party coordination is intercultural if and when it promotes both opportunities to express perspectives and emotions and sensitivity for these perspectives and emotions. Thus, a coincidence maybe suggested between effective translation and effective intercultural coordination.

On the base of an analysis of empirical data, starting from the observation of the interactions that takes place within public services between the patient, the doctor and the mediator, data suggests that the possibility for the voice of patient to become relevant in medical encounters largely depends on the IIM’s actions. On the one hand, it was observed how IIM-reduced renditions and zero renditions may exclude the patient or the doctor from relevant healthcare information. On the other hand, translating patient’s turns of talk including their interpretation of implicit content (primarily emotions) improved the emotional rapport between patients and doctors.

Thus taking the medical encounter well beyond a mere exchange based on standardized roles.

The Italian study on IM herein exposed is in agreement with respect to the final objective of IM: the construction of “bridges” between cultures through the promotion of intercultural dialogue. Italian literature considers IM a pivotal strategy of a multicultural society (Colombo, 2002), to be employed to cope with difficulties connected with transnational, migration differences (Melotti, 2004; Zanfrini, 2004).

Facilitating the access to, and use of, public services, the IM should create the prerequisites for the migrant's integration into the new society, thus developing multicultural citizenship for a multicultural societies.

The kind of IM that the Italian literature describes involves facilitating communication and understanding between people belonging to different cultures and eliminating misunderstandings between the migrant and the social agent mostly caused by different cultural codes and values. In summary, the ultimate purpose of the IM is to allow every party involved in the communication to access the other party’s “cultural imagination” (Fiorucci, 2000).

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CASE STUDY 8—CULTURAL AND RELIGIOUS PLURALISM AND INTERRELIGIOUS DIALOGUE: THE ‘GRAMMAR FOR DIALOGUE’ PROJECT Sara Alimenti Maria Chiara Locchi Valentina Raparelli

Grazia Paciullo

info@montesca.it

In a first phase, the Laboratorio Sì association, leader of this project, organized a series of public meetings in the city of Perugia, in order to explore some theoretical aspects related to interreligious dialogue. In particular, special attention was given to the history, geopolitics and anthropology of Islam (with a dedicated meeting with Moustafa El Ayoubi, chief editor of the magazine “Confronti” (Comparisons), a publication on faith, politics, and everyday life and, at the same time, a cultural centre on the topics of dialogue between faiths and cultures, pluralism and peace education.

In a second phase, the association organized, together with the “GMI”—“Giovani Musulmani d’Italia” (Young Italian Muslims) a workshop on interreligious dialogue, focused on the topic of religious festivals. (GMI is an independent, non-profit, youth association that aims at shedding light on the reality of young Italian Muslims, who often come from a migratory background and then straddle two languages, two cultures, two worlds. The workshop was divided into a series of public meetings, with the participation of people living in Perugia (Italians and foreigners), of different religious groups as well as non-believers; these focus groups were mediated and facilitated by young researchers of the University of Perugia. In each meeting there was a mixed group of persons – from a national, ethnic and religious point of view – and people had the occasion of meeting each other in an environment conceived as a space for mediation, dialogue and public debate. The participants reported their religious experiences, starting from the narration of rites and symbols and mutually asking questions and clarifications. The meetings were highly attended among both social workers and Italian people interested in a new relationship with immigrants who live and enjoy the same space and services in the city.

After the laboratory phase the association organized a public conference on “Secularism and religions in the pluralistic city” with Enzo Bianchi, who is prior of the Christian monastic community of Bose (in the North of Italy) and considered to be one of the most influential Italian thinkers on the topic of interreligious dialogue.

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Fabrizio Boldrini Maria Rita Bracchini Virginia Marconi

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CASE STUDY 9—PARTICIPATION IN THE COUNCIL: PROJECT TOWARDS THE POLITICAL REPRESENTATION OF FOREIGNERS IN UMBRIA Fabrizio Boldrini Maria Rita Bracchini Virginia Marconi

Sara Alimenti Maria Chiara Locchi Valentina Raparelli

Grazia Paciullo

info@montesca.it

ITALY

The project has been inspired by the stresses that emerged during a public conference on the same topic. As it is known, in Italy non-EU foreigners who reside legally and permanently are not granted with the right to vote, even in local elections; only a law approved by the national Parliament could introduce such a right. To overcome this serious deficit of democracy, many municipalities in Italy have established various means of political participation of an advisory nature (eg. advisory councils for immigration and / or foreign local councillors without the right to vote in the council), which however cannot respond to the democracy request. Even if the main political and legal goal is the recognition of the right to vote to non-EU foreigners, the basic idea of the project is that those forms of political participation that are alternative to the consolidated representative democracy have a vital role which must be recovered and implemented. In fact, the traditional tools of democratic representation (above all, the vote) now seem to be exclusionary, from many points of view, even in respect of those subjects - such as national or EU citizens - which formally enjoy the rights to vote and to be voted in local and European consultations. Then, in this context it was designed and facilitated a bottom-up, participatory practice, aimed at empowering non-EU foreign residents in the municipality of Perugia. The Laboratorio SĂŹ Association organized several meetings involving representatives of the City and citizens of Perugia, Italian and non-EU foreigners, in a discussion on the existing instruments of political representation at the municipal level (Council for immigration and municipal foreign councillors), in order to assess their possible re-examination or upgrading. In particular, they read together, analyzed and discussed the current Regulation of the Municipal Council for Immigration; for each article some changes have been proposed and then a final text, amending the regulation in force, was drafted and later handed over to the City Council (authority responsible for a possible formal review).

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.4 PORTUGAL Helena Neves Almeida

I—CONCEPTIONS We can identify 3 CONCEPTIONS: A—AN ALTERNATIVE DISPUT RESOLUTION: a process to find a solution or stop a conflict.

B—A PROCESS OF SOCIAL REGULATION: a process that allows the coconstruction of norms or rules to live in peace, regulating social, political and economic relations.

C—A CONCEPTION AND MODEL OF ACTION IN SOCIAL INTERVENTION. Mediation is a process that empowers people to resolve or find solutions for the existing conflict, with the help of a mediator. It creates relations that promote social change and sometimes the transformation of contextual conditions.

According to the Portuguese Law (Law nº 29/201 3, 1 9th april, artº 2.º: a) "Mediation" forms of alternative dispute resolution, undertaken by public or private entities, through which two or more parties to a dispute attempt voluntarily reach an agreement with the assistance of a conflict mediator.

SOCIAL AND COMMUNITY MEDIATION Social and community mediation, is an innovate answer to social problems and interpersonal conflicts (neighbourhood's conflicts and of small claims), between

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MEDIATION

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citizens and organizations, between organizations and between them and the community; It is present in the processes of social and labour integration of different target-populations, including (for instance): persons with special needs, victims and offenders, children and young victims of abuse or without conditions of life, unemployed people. Access to the law, access to organizations, the inter-institutional and network intervention, neighbourly relationship, social and family relationship, social and cultural movements, youth group organization, processes for psycho-social monitoring, processes of social integration, multicultural contexts, may be topics of divergent interest, potential conflict and social problems, and constitute the framework of social and community mediation.

II—CONTEXT OF MEDIATION PORTUGAL

HISTORICAL, SOCIOLOGICAL AND POLITICAL CONTEXT MEDIATION The practice of mediation becomes more significant from the 80's, first in the United States and then in different European countries, including

Portugal.

In the 90's, through different initiatives oriented public and private institutions and through partnerships with local intervention, begins to mediation as a response to the “crisis of justice” and the criticisms to the legal system for its slowness and procedural inefficiency arises mediation in the early 90's (Campos, 2009).

The integration of Portugal in the European Union (June 1 986) has also facilitated the use of this method, by means of access to international projects, using mediation as a key strategy in achieving their goals (Oliveira & Gallego, 2005; Oliveira, 2009).

In Portugal, mediation presents also closely linked to the public sector, which favours alternative dispute resolution, to be a faster, cheaper and more satisfying than going to court. In what concerns the introduction of mediation in the legislation (1 999-2001 ), highlighting the following times and legal initiatives: •

Introduction of mediation, particularly in the process of regulating the

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SOCIAL AND COMMUNITY MEDIATION The practice of social mediation is still incipient. In 2001 was created the legal status of socio-cultural mediator in order to “improve the relationship between families and the school when it was felt necessary because of the existence of different cultural codes or social exclusion.” However, this law has been insufficient, because it is restricted to ethnic minorities not considering social cohesion as a comprehensive concept.

Law No. 29/201 3 only refers to mediation as an alternative dispute resolution, neglecting once again the breadth of activity of mediation, including mediation in the context of community, school and family.

However, in Portugal there are still a long way to be done in developing the skills of mediation and its applicability.

Given the specificities and contexts of mediation and conflict, the need arises within civil society, by institutions and private entities to sensitize the State, the market and their peers to use this instrument as a path of prevention education and 1 https://www.portaldocidadao.pt/PORTAL/entidades/MJ/GRAL/pt/ORG_gabinete+para+a+resolucao+alt

ernativa+de+litigios.htm?tab=1 , acedido a 30 de Dezembro de 201 2.

2 http://www.redecivil.mj.pt/index.php?option=com_content&view=article&id=1 78&Itemid=73, acedido a 30 de Dezembro de 201 2.

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exercise of parental authority, inside the practice of family mediation; • Creation of GRAL (Gabinete para a Resolução Alternativa de Litígios) 1 where are integrated the Court of the Peace (Julgados de Paz), the Centres for Arbitration of Consumer and Commercial Disputes (Centros de Arbitragem de Conflitos de Consumo e Comerciais), and Systems for Family and Labour Mediation (Sistemas de Mediação Familiar e Laboral) 2.

GRAL is created to promote mechanisms to ensure access to the law and the courts, particularly in the fields of information, legal advice and help, the creation, dissemination and operation of non-judicial ways of dispute settlement.

The Court of the Peace is extrajudicial, endowed with operating characteristics and organization of their own, have a mediation service itself, and configures itself as an alternative to the traditional court proceedings.

In turn, the Arbitration Centres aim resolving disputes through non- jurisdictional, being financially supported by the Ministry of Justice.

You can only have recourse to mediation by agreement of the bodies in conflict.

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acting in conflict, adjustment and (re)establishment of the ties, promoting the transformation and social harmony.

Currently, there is no knowledge in a systematic way about acting projects in the area of mediation in national territory. Nevertheless, there are already experiments school mediation, through the creation of Offices for Student and Family Support (Gabinetes de apoio a Alunos e Famílias, GAAF). These offices were created by the Institute of Child Support (Instituto de Apoio à Criança, IAF) in order to “contribute to the harmonious and overall child’s growth, promoting a context more humane and facilitating the social integration at school”. In what concerns to intercultural mediation, there are not experience in training community mediators and family mediation through GRAL and private institutions.

Political factors that enhanced mediation

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It can be identified macro and meso factors with impact in the micro-level: the life of individual and family.

Macro factors regard to the European Influence, such as Standards and policy guidelines. An example are the guidelines in the family field.

CEPEJ (2007) 1 4–European Commission for the Efficiency of Justice (CEPEJ), Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters.

Another important document is European Code of Conduct for Mediators.

Meso factors provide the background for emergency of conflicts and sociocultural development.

Increasing of migrations: The youth unemployment, carried out in times of economic and social crisis, had impact in the family life and created a flux of emigration to and from other countries. The intercultural relations increased and multiethnic contexts were arising, giving visibility to ethnic minorities issues.

Urban development: The movement of people searching work and better conditions of life increased the urban development, sometimes without the best social context. The peripheral zones in great towns, brought difficulties to the territory management, and neighbours’ relations.

Changes in family structure: Monoparental and composite families emerging due to the increasing of conflituality and divorce. Societies don’t be prepared to social development and and change.

Increased visibility of conflicts at school and social: Schools are structures for socializing and learning. When the family support fails due to incompetence in relati-

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ons, in economic or cultural fields, the community and the school transform themselves in the fundamental contexts where conflicts arrive sooner. To prepare parents for new roles and functions, to prepare teacher to manage conflict situations and to promote the culture of peace among peers, is a great task for which the community and professionals must be attached.

III—LEGISLATION

• Law 1 33/99 of 28 August (OTM)—Makes the fifth amendment of the Decree -Law n. 31 4/ 78 of 27 October, in the field of civil juvenile and introduces mediation, particularly in the regulatory process the exercise of parental authority.

• Law No. 78/2001 , of July 1 3—Approves the organization and functioning of the Justices of the Peace; • Law No. 1 05/2001 , of August 31 —Establishes the legal status of the mediator Sociocultural; • Decree 1 1 1 2/2005, 26 October—Reorganization of the mediation services of the Justices of the Peace • Law No. 21 /2007, of June 21 —creates the rules for mediation; • Order No. 1 8 778/2007, of August 22 - regulates the activity of the family mediation (SMF • Law n. º 61 /2008, of October 31 —Amends the legal divorce, introducing family mediation and proceeds to change the Civil Code, the Code of Civil Procedure, the Code of Civil Registry, the Decree-Law Nr. º 272/2001 of 1 3 October.

• Law n. º 29/2009, of June 29—Approves the Legal Process Inventory.

With the approval of this law shall be inserted in the Code of Civil Procedure (CPC), articles relating to the pre-judicial Mediation and suspension of deadlines (Article 249. º–A of the CPC), Approval of the agreement reached in mediation pre-judicial (Article 249. B of the CPC), the Confidentiality (Article 249. C of the CPC) and the system of suspension for determination of the judge (Article 279. º– A of the CPC ).

• Law No. 29/201 3 of April 1 9, which establishes the general principles applicable to mediation conducted in Portugal, as well as the legal systems of civil and commercial mediation, mediators and mediation public In what concerns social and community mediation: • Law No. 1 05/2001 , of August 31 —Establishes the legal status of the mediator Sociocultural.

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LEGISLATIVE FRAMEWORK OF MEDIATION AND SOCIAL MEDIATION IN PORTUGAL (1 999-201 3)

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IV—MEDIATION FIELDS

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Family Mediation : extrajudicial process for regulating the parental exercise where mediators must be specialized (Family Mediators).

According to the Office of the Secretary of State for Justice Order No 1 8 778/2007, August 22 (Article 2) these are the Principles of family mediation: 1 —The SMF is active in ensuring voluntariness, speed, proximity, flexibility and confidentiality.

2—Family mediation can take place in any location, is suited for this purpose and has been made available by public or private parties in the conflict.

For that, mediators need the following Material Competence (Article 4): The SMF is competent to mediate conflicts within relationships family, including the following matters: a) Adjustment, alteration and failure of the exercise regimen of parental responsibility; b) Divorce and separation of people and goods; c) Conversion of legal separation into divorce; d) Reconciliation of separated spouses; e) Assignment and modification of food, provisional or definitive; f) Deprivation of the right to use the surname of the other spouse; g) Authorization to use the surname of a former spouse or house address family.

What is a Family Mediator? Whose are their functions?

Family mediators (Article 7) 1 —The family mediator is a specialized professional who acts devoid of the power to impose, in a neutral and impartial clarifying the parties of their rights and duties due to the mediation and, once obtained their consent, develops mediation to support the parties in reaching a fair and fair to end the conflict that opposes them.

2—In performing its functions, the family mediator notes the duties of impartiality, independence, confidentiality and diligence, shall, at any stage of the mediation process, then to check that, for legal reasons, ethical or professional conduct, their independence, impartiality or exemption may be affected, request replacement.

3—It is not allowed to intervene family mediator for any form, namely as an expert witness or agent, in any procedures subsequent to family mediation, regardless the way there through the mediation process, and even if such intervention is only indirectly related with the mediation performed.

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The Law n. º 61 /2008 of 31 October (Assembleia da República) alters the legal regime for divorce (Article 1 774. º), introducing the Family Mediation: Prior to the beginning of the divorce proceedings, the civil registry office or the court must inform the spouses about the existence and objectives of family mediation services Labour mediation : Protocol between the Ministry of Justice and the Confederation of Portuguese Industry (CIP), Confederation of Trade and Services of Portugal (CCP), the Portuguese Tourism Confederation (CTP), Farmers Confederation Portugal (CAP), the General Confederation of Portuguese Workers - Inter national (CGTP - IN) and the General Union of Workers (UGT). Since the start of operations of SML on December 1 9, 2006, more than 80 organizations have joined this form of mediation, including professional associations, employers and unions reference on the national scene. This protocol creates the system of labour mediation.

Law 21 /2007 of 1 2 June established a system of mediation, in implementation of Article 1 0 Council Framework Decision No 2001 /220/JHA of the Council of 1 5 March, on the standing of victims in criminal proceedings. (Under the c ) Article 1 61 of the Portuguese Constitution), defining the subject (Article 1 ): This law creates the system of mediation process criminal), the scope (Article 2): 1 - Mediation in criminal proceedings can take place in proceedings for an offence for which the procedure depends on complaint or private prosecution.

2 - Mediation in criminal proceedings may take place only in proceedings for an offence that depend only complaint in the case of a crime against persons or crime against property.

3 - Whatever the nature of the crime, Mediation in criminal proceedings can’t take place in following cases: a) The type of crime provides for imprisonment of more to 5 years; b ) In proceedings for an offence against freedom or sexual self-determination; c ) In proceedings for an offence of embezzlement, corruption or influence peddling; d ) The victim is under 1 6 years; e) Be applicable case summary or accelerated.

4- In cases where the victim has no insight to understand the scope and significance of right of complaint or died without renounced the complaint, the mediation can take place with intervention of the complainant rather than offended.

5 - In the cases referred to in the preceding paragraph, the references made

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Penal mediation :

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in this Act to the victim shall have been made by the complainant.

School mediation :

and intervention projects.

There are not any regulation, but territorial experiences

Socio-cultural mediation :

Law 1 05/2001 , of 31 August.

Civil and commercial mediation : Law No. 78/2001 , of July 1 3—Approves the organization and functioning of the Justices of the Peace. Portaria n.º 282/201 0, 25thmay—Approves the procedures for selection of conflict mediators to work in in “Julgados de Paz” and in the field of family abd laboral mediation. This normative revogated Portaria n.º 479/2006, de 26 de Maio.

V—MEDIATION PROCEDURES PORTUGAL

TOOLS The Law No 1 05/2001 , of 31 August, article 1 , establishes the legal status of the socio-cultural mediator: Socio-cultural mediator

1 —It’s created the profile of socio-cultural mediator, which has the function of supporting the integration of immigrants and ethnic minorities, in order to strengthen dialogue intercultural and social cohesion.

2—The socio-cultural mediators exert their functions, namely, in schools, institutions social security, health care institutions, the Service for Foreign People and Borders, the Institute for Social Reinsertion in local services and agencies and public in the performance of their duties and when this became necessary.

The Law n. º 29/201 3, of April 1 9, establishes the general principles applicable to mediation conducted in Portugal, as well as the legal regimes of civil and commercial mediation, mediators and public mediation. According to Article 2º (definitions), for the purposes of this Act, the following definitions apply: b) “Mediator conflict“ a third, impartial and independent, devoid of the power to impose the mediated assists in the attempt to construct a final agreement on the subject of the dispute.

ACTIVITIES According to Law n. º 29/201 3, April 1 9, Article 1 2 º, the parties may provide a Mediation Agreement:

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1 —The parties may provide, under a contract, that future disputes arising from this legal relationship contractual undergo mediation.

2—The agreement referred to in the preceding paragraph shall adopt a written form, considering this requirement satisfied when the agreement recorded in a written document signed by the parties, exchanges of letters, telegrams, faxes or other means of telecommunication which leaves written evidence, including electronic means of communication.

3—It is null the mediation agreement signed in violation of the provisions of the preceding or Article earlier.

4—The court in which the action is proposed on a matter covered by a mediation agreement shall, at the request of the defendant deducted to date in which it presents its first articulated on merits of the dispute to stay proceedings and refer the case for mediation.

• Impartiality and neutrality—the mediator shall not represent any party, nor should interfere to impose solutions. It is now legally provided that “the parties should be treated equally throughout the mediation process; the mediator of conflict manages the procedure to ensure the balance of power and the ability of both parties to participate in it. The conflict mediator is not an interested party to the dispute; the parties must act in an impartial throughout the mediation.”; • Confidentiality—ensures confidentiality to the parties involved and confidence so that they can, in an open, exposing the problems. Currently, this principle is legally pronounced, with the following presentation: “The mediation procedure is confidential, and should keep the conflict mediator confidential all information supplied to it under the mediation procedure, and can’t make use of them in own benefit or that of others. The information provided in confidence to the conflict mediator by one party may not be disclosed without your consent, other parties to the proceeding. The duty of confidentiality on the information concerning the content of the mediation may be terminated only for reasons of public policy, in particular to ensure the protection of the best interests of the child, in cases involving the protection of the physical or psychological integrity of any person, or where such necessary for the implementation or execution of the agreement reached through mediation, the strict measure of what, specifically, is necessary for the protection of those interests. Except in the cases specified in the preceding paragraph or with respect to the agreement reached, the content of the mediation sessions can not be valued in court or seat of arbitration”;

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VALUES

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• Willingness—both parties must voluntarily participate in mediation / conflict resolution. “The mediation process is voluntary, and must obtain the informed consent of the parties to conduct the mediation, and they shall have responsibility for the decisions taken during the procedure. During the mediation process, the parties may at any time jointly or unilaterally revoke their consent to participate in that procedure. The refusal of the parties to initiate or continue the mediation procedure does not constitute a breach of the duty of cooperation.” (Sousa, 2002; Mourineau 1 997 apud Oliveira & Gallego, 2005, p.23) • Independence —“The conflict mediator has a duty to safeguard the independence of his duties,” “should conduct themselves for independence, free from any pressure, this is a result of its own interests, personal values or external influences” and “is responsible for his actions and is not subject to subordination, technical and professional committees, professionals from other areas, without prejudice, in the context of public mediation skills of the managing bodies of these systems.”

• Competence and Responsibility—As regards the competence “conflict mediator in order to acquire the necessary skills to perform their activity, can attend training activities that confer specific skills, theoretical and practical training course including conflict mediators performed by training organization certified by the Ministry of Justice.” Now when it comes to responsibility “the mediator of conflicts that violates the duties of the respective exercise activity, including those contained in this Act and in the case of mediation in the public system, the incorporation of regulatory or public systems of mediation, is civilly responsible for damages under general law.”

• Enforceability—mediation “is enforceable without court approval, the mediation agreement: a) that relates to litigation that may be subject to mediation and for which the law does not require court approval b) In the parties have the capacity to its conclusion; c) Retrieved from mediation conducted pursuant to law; d) whose content does not violate public order and e) in which participated conflict mediator inscribed in conflict mediators organized by the Ministry Justice.” (Added by Law n. º 29/201 3 of 1 9 April)

VI—ROLE OF THE MEDIATOR Legal status of the socio-cultural mediator

The Law No 1 05/2001 , of 31 August, article 2, establishes mainly their powers and duties: 1 —The socio-cultural mediator promotes dialogue intercultural, encouraging

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However only the Law n º 29/201 3, of April 1 9 (article 2º,b) defines “mediator conflict" a third, impartial and independent, devoid of the power to impose the mediated assists in the attempt to construct a final agreement on the subject of the dispute, through phases, and also determines the mediation procedure (article 1 6º) saying: Article 1 6 º

Start of procedure 1 —The mediation procedure comprises a first contact for scheduling the pre – session - mediation with an informative nature, in which the mediator conflict explains the functioning of the mediation and rules of procedure.

2—The parties' agreement to continue the procedure mediation is manifested in the signing of protocol mediation.

3—The protocol mediation is signed by the parties and the mediator, and it must contain: a) The identification of the parties; b) The identity and address of the professional mediator and, if applicable, the operator of the system mediation; c) A statement of consent of the parties; d) A statement of the parties and the mediator of respect for confidentiality; e) A brief description of the dispute or object; f) The rules of procedure of mediation agreed between the parties and the mediator; g) The timing of the mediation procedure and definition of the maximum

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respect and better understanding cultural diversity and social inclusion.

2—The powers and duties of the mediator socio-cultural, inter alia: a) Collaborate in the prevention and resolution of conflicts socio- cultural and defining strategies social intervention; b) Cooperate actively with all stakeholders’ intervention processes and social education; c) To facilitate communication between professionals and users of different cultural background; d) To assist users in relation to professional and public and private services; e) Promote the inclusion of people of different social and cultural backgrounds on equal conditions; f) Respect the confidential nature of the information concerning families and populations covered for his action.

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duration of the mediation, even subject to future changes; h) The definition of the mediator's fees pursuant Article 29 thereof, except in mediations conducted in systems public mediation; i) The date.

The more recent Mediation Law (201 3) includes an extensive list of mediator duties in its Article 26. Beyond the intrinsic duties inherent to the mediation process itself, such as impartiality, independence, confidentiality and diligence, Article 26 also provides that mediators must:

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a) Inform the parties as to the nature, finality, fundamental principles, and procedural phases of mediation, as well as the rules to abide by; ‘Rebooting’ the mediation directive 1 09 b) Refrain from imposing any agreement on the parties, or from making promises or giving guarantees about the result of the process. The mediator must adopt a responsible attitude of true collaboration with the parties; c) Ensure them that the parties have legitimacy and may properly participate in the mediation process, through obtaining their informed consent; d) Guarantee the confidentiality of information they will obtain through the process; e) Suggest to the parties to use or seek advice from experts whenever such clarification may be necessary or useful; f) Reveal any information or relationships that may call into question their independence and impartiality, and not carry on with the mediation in such cases; g) Only accept mediations in which they feel they have the required personal and technical skills according to the principles and norms they adhere to; h) Ensure the quality of the service and their training and qualification level; i) Act with decency towards parties, those managing the public mediation systems, and towards other mediators; j) Not interfere in mediations that are being handled by other mediators, save in the case they are asked to, in case of co-mediation, or in otherwise justified cases; k) Act in accordance to the ethical deontological norms provided by the European Code of Conduct for Mediators.

VII—TRAINING PROFILE OF MEDIATION “In Portugal, private parties provide mediation training. Indeed, generally,

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mediators are not directly certified or accredited; instead, the Ministry of Justice approves certain mediation training courses as providing the training needed to be a mediator in the public mediation systems. Thus, mediators are not certified, and are usually called mediators simply if they take one of the mediation courses approved by the Ministry of Justice. Generally, such courses include 1 90 hours, which are divided into an initial standard mediation training of 40 hours, followed by 1 50 hours of specialized training in family, labour or penal mediation. The ICFML—Instituto de Certificação e Formação de Mediadores Lusófonos, has created the first Portuguese mediator certification course which may lead to IMI (International Mediation Institute) certification in addition to recognition by the Ministry of Justice.” (European Parliament. Directorate general for internal policies. Policy department C: citizens' rights and constitutional affairs, 201 4, 1 08).

1 —It is training specifically geared to the profession of conflict mediator frequency and achievement in courses offered by entities forming service certified by the Ministry Justice defined by decree of the Government member responsible for justice.

2—The member of the Government responsible for the justice by ordinance approves the certification scheme entities referred to in the preceding paragraph.

3—The certification of training providers by service referred to in n. 1 , either expressed or implied, is reported to central authority of the ministry responsible for vocational training within 1 0 days.

4—Must be supplied by the certified service of the Ministry of Justice under n. 1 : a) Conducting training activities for mediators conflict prior to its completion; b) The list of graduates who obtain use these training activities, within 20 days after completion of the training action.

5—The training given to mediator’s conflict by non-certified training providers under this article does not provide training regulated for the profession of mediation.

6—It is defined by the member of the Government responsible for the justice authority for the application of Law no. 9/2009, of March 4, as amended by Law n. º 41 /201 2 of 28 August, as regards applications for recognition of qualifications submitted other member states of the European Union or the space European economic nationals of member states formed under national law.

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In what concerns Education and training providers, according to Law n.º 29/201 3, of April 1 9, Article 24 º,

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Actually, the mediation training is developed in two directions: • Professional competences and research development. Small courses are provided by social organizations to motivate people for the importance of mediation in relationship conflicts with impact in the individual, family and community development; Universities or certified centres (for instance, Portuguese Institute for Family Mediation) provide also specialized mediation training in the field of family, school, commerce or other, namely Conflict Mediation (regulated by the Ministry of Justice); and there are also courses of mediation, oriented to deep knowledge and research inside bachelor courses and master courses degree.

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• The University of Coimbra (201 4-201 5) has credited a Master degree in Social Work (MSW) where a curricular unit designed Theory, Models and Contexts of Mediation is provided and a line of research has been created; In the same university, it is provided knowledge about mediation in the master course of Social Intervention, Innovation and Entrepreneurship (since 2009); The Politechnic Institute of Leiria has also a master degree in Intercultural Mediation and Social Intervention.

Other universities provide also teaching on mediation inside Bachelor degree or Master degree (University of Minho, in Education Bachelor Degree).This training is credited by the Education Ministry.

References ALMEIDA, Helena, ALBUQUERQUE, Cristina e SANTOS, Clara (201 3).

“Cultura de Paz e Mediação Social. Fundamentos para a construção de uma sociedade mais justa e participativa”. Revista MediacionesSociales.UniversidadComplutense de Madrid (Qualis B1 ). ISBN: 1 989-0494.

ALMEIDA, Helena (201 3), “Mediação Social e Gestão de Casos:abordagens, processos e competências cruzadas na agenda do conhecimento em serviço social, In Almeida, H., Santos, C. E Albuquerque (Org.). Serviço Social: Mutações e Desafios Actuais, Imprensa da Universidade de Coimbra, pp. 1 5-63, ISBN: 978-989-26-0266-0.

CARDOSO, Pedro e ALMEIDA, Helena (201 3). Empreendedorismo Social, Mediação e Cidadania Activa: Complementaridades e significados, In P. Cunha et al.

(Orgs.). Construir a Paz: Visões Interdisciplinares e Internacionais sobre Conhecimentos e Práticas, Vol. 3, págs. 441 -445. Porto: Edições Universidade Fernando Pessoa. ISBN: 978-989-643-1 05-1 .

ALMEIDA, Helena, ALBUQUERQUE Cristina & SANTOS, Clara (201 3).

Mediação e Cultura de Paz em Contextos Plurais, In P. Cunha et al. (Orgs.). Construir a

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Paz: Visões Interdisciplinares e Internacionais sobre Conhecimentos e Práticas, Vol. 1 , págs.

1 93-1 98. Porto: Edições Universidade Fernando Pessoa.ISBN: 978-989-643-1 05-1 .

ALMEIDA, Helena (201 2),“Social and community mediation. A conceptual and operative tool in the process of empowerment”, E-book Advanced Research in Scientific Fields, pp. 953-956. Slovakia: EDIS- Publishing Institution of the University of Zilina. ISBN 978-80-554-0606-0 and ISSN 1 338-9831 [com peer review].

ALMEIDA, Helena, ALBUQUERQUE Cristina & SANTOS, Clara, (201 2).

Dinâmicas processuais e estratégicas da mediação em contextos de conflito e de mudança social. VIIIthInternational Conference oftheWorldMediationForum,“Tiempo de mediación, Liderazgo y Accion para el Cambio”, Valência, 1 8-21 Outubro 201 2, Ponências de Expertos enMediación, Libro Digital, Vol. II, El Mediterráneo y la Mediación: Punto de encuentro multicultural, Venezuela. pp.1 07-1 1 3, ISBN: 978-980-1 26075-2. [com peerreview].

ALMEIDA, Helena (2009). “Um panorama das mediações nas sociedades.

Na senda da construção de sentido da mediação em contexto educativo” (Capitulo 6), in Veiga Simão, A. M., Caetano, A. P. & Freire, I. (orgs). Tutoria e Mediação em Educação. Lisboa, EDUCA, pp.1 1 5-1 28. ISBN: 978-989-8272-03-4.

ALMEIDA, Helena (2001 ). Conceptions et Pratiques de la Médiation Sociale. Les modèles de médiation dans le quotidien professionnel des assistants sociaux, Coimbra, FundaçãoBissaya-Barreto/Instituto Superior Bissaya-Barreto, 2001 , 439 pag. ISBN: 972-95935-8-2.

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VIII—CASE STUDIES CASE STUDY 10—CLOSING THE GAP THROUGH MEDIATION Jorge Barbosa

jorge.Barbosa@idt.min-saude.pt

Jorge Topa

jorge.topa@idt.min-saude.pt

The context PORTUGAL

The Local Council of Social Action (Conselho Local de Ação Social - CLAS) is a Social Network body, with territorial scope at the municipal level. The Social Network is a platform for the articulation of different public and private partners, with the aim of fighting poverty and promoting social development, among others (Decree-Law No. 1 1 5/2006 of 1 4 June).

The Operational Plan for Integrated Response (Plano Operacional de Respostas Integradas - PORI) is a national structural measure that promotes integrated intervention within Addictive Behaviours and Dependencies and which aims to mobilize synergies available in the territory, through the participation of public entities, including the Department of Intervention in Addictive Behaviours and Addictions (Serviço de Intervenção nos Comportamentos Aditivos e nas Dependências - SICAD) and the Regional Health Administration (Administração Regional de Saúde - ARS, IP), and Civil Society. Its implementation is carried out in several phases, taking as starting point a territory diagnosis in order to define the Integrated Response Programmes, consisting of interventions in the prevention area, damage reduction, treatment and reintegration.

The action In January 2008, the Centre for Integrated Response (Centro de Respostas Integradas - CRI) presented the territorial assessment of dependencies under Phase 4 of the Operational Plan for Integrated responses (PORI) at a meeting of the Local Council for Social Action (Conselho Local de Ação Social - CLAS) of a municipality in the metropolitan area of Porto. This tool identified opioid use as the main health pro-

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blem and it defined as a priority the implementation of a decentralized consulting in the areas of treatment and social reintegration.

During the presentation of the diagnostic results there were manifestations of disagreement from those with responsibility in the health sector, with the argument that the dynamics of the decentralized response to treatment of opiate addicts would bring the municipality an increase in the prevalence of use and users. The differences evolved and, during that work session, they became a conflict.

This conflict situation gave rise to a rift in the working group, preventing decision-making. One group, led by the local authority, advocated the opening of the specialist consultation as a proximity response and promoting accessibility to quality of life of the local population, and the other group, consisting of primary health care professionals, opposed to the creation of this type of response, arguing that this solution had no health gains, and would contribute instead to the aggravation of the phenomenon of addiction in the territory.

Against this backdrop, and still during the meeting, the intervention of the CRI was directed at the recognition and clarification of interests, and simultaneously, it sought to deconstruct negative representations associated with Addictive Behaviours and Addictions (Comportamentos Aditivos e Dependências – CAD), as well as to strengthen collective responsibility in managing social and sanitary risks originated by the use of illicit psychoactive substances.

Given the identified conflict, CRI proposed to CLAS the creation of a specific sub-group of work, with an integrated work culture, designated Addictions Group, consisting of several local entities of social solidarity, justice, health and social security, with a view to deepening the diagnosis and designing a programme of social intervention for the problem of addiction, to be included in the Plan of Action of the Local Social Network.

After several working sessions, where the concerns and interests of the parties were revealed and the possible answers to the problem explored, the Municipal Integrated Response Plan was presented. This plan included the implementation of a decentralized consultation provided by a multidisciplinary team in addition to followup activities with users’ families and the promotion of social reintegration measures.

In March 2008, the Municipal Integrated Response Plan was approved by CLAS. However, at the document appraisal stage, the partners of CLAS raised several issues, expressing concerns about the likely local resistance to the creation of a territorial response to treatment and social reintegration of people with CAD. As these concerns, related to possible tensions and conflicts with local people, were always present during the early intervention of CRI, a clarification session was scheduled. In order to promote community involvement in the decision-making

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process, CRI, in cooperation with key local actors, first prepared a wide information dissemination of the initiative at local shops (pharmacies, cafes, grocery shops...). Later, still with the participation of local leaders, CRI organized a debriefing session, which included the participation of significant elements of the community who spoke publicly about the opportunity of the opening of the proximity response.

At the end of the event, and as a result of the agreement expressed by the public, professionals and by municipal politicians, commitments were made to achieve an even broader response than originally planned.

The original proposal to implement a decentralized consult then became the creation of a health care facility for people with CAD, which was inaugurated in June 2008 by the Secretary of State for Health, and is now recognized as a model of good practice.

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The concept of community mediation is present throughout the intervention developed in this case. The work of CRI allowed the creation of spaces for social interaction and for settling conflicts, increasing the capacity of individuals and communities to generate new solidarities, thus reducing social tensions and building solutions for emerging problems. Communication was essential to the resolution of the problem, enhancing the involvement and participation of all stakeholders in the construction of collective solutions. Through the enhancement of the network, it was possible to build social alternatives, contributing to social and political change and to social mobility systems.

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CASE STUDY 11—MEDIATION TO OBVIATE AND CO-BUILD SOCIAL BONDS Liliana Carvalho

liliana.sofia.carvalho79@gmail.com

InPulsar—Association for Community Development is a private charitable organization, formally established on March 29, 201 2, whose main objectives are to provide support for children and young people, families, and social and community integration. InPulsar is currently developing the Project "Giro ó Bairro", a project of social and community intervention with children, youngsters and families in the public housing neighbourhood of Cova das Faias, parish of Pousos, Leiria, in the Municipality of Leiria.

2. Introduction The project “DAQUI P’RA CÁ” [FROM HERE TO HERE] is being implemented in Leiria and is aimed at children aged from 8 to 1 3 who belong to different social realities. Children from the public housing neighbourhood on the outskirts of Leiria – Cova das Faias, where the population is mostly Roma - will work with the Clara Leão School of Dance in the city centre. During the one-year project the children will be brought together through experiences in dance, theatre and photography.

At the end of the project all the children will participate in a joint show.

This project is: • INCLUSIVE—because it will unite two groups from different realities, putting them in interaction spaces and realities outside their daily experience; • EDUCATIONAL—because it will develop psychomotor, cognitive and social abilities in children; • ARTISTIC—because it will use art, especially dance, as a tool; • TRANSDISCIPLINARY—because it promotes an integrated effort between the areas of the Arts, Psychology (Health and Social) and Social Education.

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1. Promoter

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3. Purose of the project To encourage group interaction between two distinctive groups (children of Roma ethnicity, residing in the public housing neighbourhood of Cova das Faias and non-Roma children from a dance school) in order to promote social inclusion and encourage community participation. The dance will serve as a vehicle for the education and development of strategies for facilitating social integration.

4. Artistic proposal

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Creative dance activities will have their crucial role in “FROM HERE TO HERE” aiming for group cohesion and social inclusion. We consider it essential that there is a tool that allows children from different realities to be brought together to give body and voice to a joint work in the same context of intervention. Creative dancing – accessible to all will promote creativity, the urge to move the body, spontaneity and a disposition for active learning. Participants will be encouraged to dance by: words, imagination and the other’s body, and they will have a supportive environment to express themselves. Dance activities will be complemented by other arts. All participants will create the final show and they will all find a collective artistic commitment.

5. Project summary “FROM HERE TO HERE” will be conducted between February 201 4 and February 201 5 in Leiria and is oriented towards two working groups: 8 Roma children from 8 to 1 3, residing in the Public Housing Neighbourhood of Cova das Faias and 8 children aged 8 to 1 3 from the Clara Leão Dance School.

In order to achieve the purpose of the project we plan to combine the artistic aspect with the social area. “FROM HERE TO HERE” develops, along with the artistic aspect, a training programme of personal and social skills for children.

The project is divided into 4 stages.

Stage 1 «AT A DISTANCE» (February – March 1 4) Children from both groups worked separately. The group from the Public Housing Neighbourhood Cova das Faias worked in a space provided by the Union of Parishes of St. Eufémia and Boavista. The group from the dance school will perform activities in their own space. The goal is to motivate children to participate in activities, to establish rules and routines and to develop psychomotor skills.

Stage 2 «THE BRIDGE» (March – June 1 4) Children continue to work separately, but they start getting closer through

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various activities, including dance and other arts: visual arts and photography. They also worked on the identity of each child and of each group. At this stage it was crucial to spark interest and curiosity in meeting the other group. At the end a cultural activity was held: the children attended a community dance show titled "The New Ballerina" by Aldara Bizarro.

Stage 3 «HOLIDAY» (June – September 1 4) Due to the school break, we anticipate that some children may attend less or not have such active participation. During this period, creative dance classes will be open to all children in the Public Housing Neighbourhood as well as to all children in the Dance School.

We intend to open the activities to children belonging to favourable social environments and who value all forms of artistic expression.

Stage 4 «THE COMMUNITY» (September 1 4 – February 1 5) The objective of this phase is the integration of the two groups and the construction of a common choreography. Classes will take place at the dance school.

The choreography will be based on the experiences children had as well as the objects they used during the project and it will make a connection with their identity and culture. We intend to invite the parents of the two groups to participate in the choreography and organization. The dissemination and promotion of the show is also part of this stage.

6. Case of social and community mediation The Project “From Here to Here” is in itself a project of social and community mediation, due to its configuration and structure, since it places two distinct groups in interaction. However, during the project there were times where the role of mediation was more present. When the two groups worked separately we considered it essential to provide them with a closer contact with their culture and identity and with the culture of the other group. So, we invited a Roma dancer and a classical dancer to come and give a lesson to the two groups as a way not only to bring them closer to their culture but also to provide them with a "relaxed" contact with the difference and with the other group. We also consider it important that participants who are part of the project should know the names and some personal characteristics of each child, and also have a sense of each other to facilitate the first meeting of the two groups. Thus, we conducted various activities in which children first drew the outline of their bodies and then sent them to the opposite group, which attributed the noticeable features to each drawing containing the name of the participants. From the drawings the groups created motion sequences. Subsequently, using photographs

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with the various body parts of the participants we resorted to the same method, the exchange of photographs between the groups, but, this time, with greater representation of the groups. The sequence of movements was created and each child chose the photographs that caught their attention the most. Even before the groups met cultural issues from each group were worked on by the other group wherein each of them the characterized the other from the representations they had... this was an intensive task where social community mediation proved to be of great importance insofar as it potentiated self-knowledge of each of the groups and demystified barriers and prejudices amongst the children.

The social intervention with groups always followed the pace, adaptation and adequacy of each child to the project. Personal and social skills of each participant were developed in order to facilitate the process of familiarisation of the groups and to enhance the relationships between children.

On the day the children met, the activity was attended by the dancer who is part of the project as well as Monica Róncon, the Roma dancer who had done a dance lesson with the two groups. This was a facilitating factor between groups because it brought them together and also in the evaluation process in which the groups were still separated, and both mentioned they liked this activity best during this phase of the project.

The meeting between the groups was natural, yet with much curiosity on both sides. For us professionals, it was a very satisfying moment mainly because some "fear" that we might have had at this stage was dissipated. There is still much work to be done, but respect for others, how to be and behave and wanting to be part of this process is the most important thing. Another curious aspect was the invitation by the children from the Public Housing Neighbourhood to the School group to spend an afternoon in their neighbourhood, an activity that took place on the 1 st of July and… was wonderful! The whole community gathered to see what was happening. Another relevant aspect is the contact we have with the children’s parents, always including them on the construction process of children and parents of both groups even want to meet each other, an activity which will happen in September.

This phase of the project is also of mediation in which both the participants in the project and other schools/groups are involved and participate in the activities.

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Fu n d e rs :

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CASE STUDY 12—PROJETO NÓS & OS LAÇOS (US AND THE BONDS, PROJECT)

carmenfonseca@gmail.com Vera Joaquim

vera.joaquim@gmail.com

Promotor: Associação Soltar os Sentidos

soltarossentidos@gmail.com

InPulsar—The Nós e os Laços Project is an initiative of the Association Soltar os Sentidos (ASOS) and is in development since 201 1 , it consists on a the technical follow-up of families with children or youngsters with special education needs or disabilities, and that are already flagged like family dysfunction and/or parental neglect.

The mission evolved from a consciousness that a development problem or disability makes a family more vulnerable, exacerbating difficulties in families with other problems beyond disability and conducive to a higher risk of breakdowns and aggravated exclusion.

The intervention area of this project is the parish council of Eiras, in the municipality of Coimbra, and it incorporates technicians from the professional areas of social sciences and humanities.

Objective Consolidate and develop the Nós e os Laços Project, based on the concept of empowerment, and that pedagogical innovation and demonstration can be helpful to achieve greater emotional and affective stability of families with disabled children, promoting capacities, responsibilities and skills of parents.

Specific objectives • Parenting skills training; • Improving the level of information and the ability of parents to acquire learning and enabling strategies to more positive interactions; • Promotion of the level of training in the area of development of chil-

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Carmen Fonseca

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dren with disabilities; • Promotion of information and knowledge with the families, community and services; • Dissemination of the project as a resource accessible to the community; • Promoting the inclusion of Families and children/youth with disabilities/NEE.

Population Currently, Nós e os Laços Project is following 24 families in the municipality of Coimbra, and it has 1 5 in the waiting list.

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Organizations/contributions • Referral to appropriate education/training course in order to contribute to the literacy of families; • Close cooperation with entities that Act on the parish of Eiras; • Link with the Commission of protection of children and young people of Coimbra; • Systematic follow-up of cases flagged by educational establishments; • Mediation between school and the family with children and young people; • Individualized psychological support for families as a whole, in close coordination with the schools who attend, Social security services of Coimbra and Commission of protection of children and young people of Coimbra;

Methodologies • Group sessions (collaborative method, debate, reflection and sharing ideas, show movies and videos, photo collage, photo voice); • Training workshops (expository method, participatory method, debate, photo collage); • Home visits (evaluation and integrated family intervention); • Psychosocial care.

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Image 2 – "Family Constellation". This is the result ofthe work ofa couple ofgroup training.

Image 1 – Example ofa Parental Training Group session.

Since families are a very complex bond, their conflicts are diverse and complex. In this project, some of the families have Relational Conflicts, normally between the family members, family and community, or neighbourhood. This happen specially in families were exist parental neglect, and sometimes domestic violence.

Way to manage conflicts • Systematic follow-up of cases flagged by the social security, educational institutions and other entities support network; • Mediation between the school and the family of children and youth; • Psychological support for children and young people and their families; • Family mediation.

Results • “Nós e os Laços Project” has improved the level of information of the parents, raised their skills, but also their awareness and triggers the access to community resources, in order to promote a more positive working style within family and consequently improvement of the well-being of its members individually. This project permitted thusly: • Improvement of households levels of information; • Qualification of parenting skills; • The acquisition of specific knowledge about the development of the child; • Acquisition of strategies to improve the interactive process of families;

PORTUGAL

Conflicts

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• Establishment of positive interactions between: • Family-Child/young; Family-Community; • Family-Services.

• Awareness and changing attitudes and beliefs; • General awareness for the problems of disability/NEE: • Promotion of protective factors; • Reduction of risk factors, diluting the "stress" caused to families for having a child with development problems.

• Establishment and extension of social contacts and informal networks of parents of children/youth with disabilities/NEE.

PORTUGAL

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CASE STUDY 13—AIPEC - INDIVIDUALIZED ACCOMPANIMENT OF SCHOOL COURSE, OF CHILDREN'S FROM INGOTE PLATEAU Neighbourhoods of Rose and Ingote Jorge Ferreira

Promotor: Câmara Municipal de

jorge.ferreira@cm-coimbra.pt Coimbra—Divisão de Educação e Ação Social | Rede Social de Coimbra

The Social Network of Coimbra, belong to the municipality of Coimbra (Division of Education and Social Support) and is has created the AIPEC project in order to decrease the absenteeism level and school drop-out, with the resident population of Ingote-rose and Ingote Neighbourhoods, which led to the establishment of a working group, which brings together entities of Coimbra area, and it include: Câmara Municipal de Coimbra-Division of education and Social Action and the Housing Division, General Direction of Schools/, Direction of Central services, Educational Institute of Lordemão, High school D. Dinis, Cáritas Diocesana of Coimbra, Schools Group of the Centre, Schools Groups of Rainha Santa Isabel and Trampolim-E5G Project.

The project has a high Coimbra Network, involving AIPEC local partnerships, which are direct or indirect targets of intervention, in the context of the Ingote plateau with the recipients of the project.

Objective The project AIPEC consists on the improvement of the quality life of the resident population in Ingote plateau, by reducing absenteeism and school dropout of children and young people residents.

Population The project recipients are children and young residents of Ingote and rose

PORTUGAL

rede.social@cm-coimbra.pt

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neighbourhoods and their families.

Organizations/Contributions

PORTUGAL

• Flagged cases where absenteeism or school-leavers, students of the schools of the group, residing in Ingote; Referral to educational/training course appropriate to contribute to the educational success of students; • Close articulation with the entities that act at Ingote; • Liaison with the Commission of protection of children and young people of Coimbra; • Systematic follow-up of cases flagged by educational establishments whose children and youth are accompanied by the Project Springboard; • Mediation between school and family of children and young people living on the plateau of the Ingote; • Close articulation with the entities that act at Ingote plateau and with Schools where they are enrolled recipients; • Integration of children and young people in awareness-raising activities to school reintegration and minimization of risk behaviours; • Individualized psychological support to children and young people and their families, in close coordination with the schools who attend. Conjunction with Social security services of Coimbra; • Monitoring of schools (within the limits of their jurisdiction) and articulation with the entities that act at Ingote plateau, with monthly analysis of absenteeism/school leavers and of the actions undertaken on the ground by the entities involved.

Methodologies Organizations involved in the project AIPEC seat its methodology of work on realization of a plan of action, that encourages school attendance of students and monitoring /empowerment of respective families as well as by conducting periodic working meetings with all entities involved in the project.

Conflicts Traditional conflicts, existence in the Ingote plateau of a large gypsy community that traditionally does not value school.

Relational conflicts, in the middle between friends and family.

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Way to manage conflicts • Systematic follow-up of cases flagged by educational establishments whose households are beneficiaries of social insertion Income; • Mediation between school and family of children and young people living at plateau of the Ingote; • Close Articulation with the entities that act at Ingote plateau and with schools where they are enrolled recipients; • Individualized psychological Support to children and young people and their families, in close coordination with the schools they attend.

AIPEC is considered a project of mediation, which intervenes in the areas social, family and school. This is an one year project, and because of the positive results, it has been renewed. It has being analyzed with a success ratio of 1 0% higher than the year before in terms of absenteeism and school dropouts.

PORTUGAL

Results

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.4 SPAIN Jesús Hernández Aristu

I—CONCEPTIONS OF MEDIATION MEDIATION

SPAIN SPAIN

Mediation aims to assist disputants in reaching an agreement.The process, which is run by a trained third party, called a mediator, is free and voluntary.

Example: Definition of family mediation as defined in Navarre: “Family mediation is a specialized Social Service. It’s a system for the resolution of conflicts between the members of a family (in the broad sense) that through a voluntary and confidential process enables communication between the parties to the dispute so as to reach viable agreements, which are satisfactory to everybody and which take into account the needs of the family as a group. The professional mediator is responsible for the mediation process and acts in a neutral and impartial way.” (regional order 1 47/2007 23 July 2007) SOCIAL MEDIATION Social mediation is an intervention that, with the help of a mediator, aims at reaching agreements between parties with different interests, different visions, different ethical or esthetical values concerning events, projects, political or social decision making.

SOCIAL AND COMMUNITY MEDIATION An activity that takes place in response to social conflicts in societies that are

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complex, differentiated and individualized. It is used not only at community level for the resolution of conflicts between e.g. neighbours, associations or administrations but also in common projects that lead to discrepancies in concepts, locations or aesthetics within the boundaries of a community. The conflicts can be of administrative or geographical nature and in our times in the field of social networks.

II—CONTEXT OF MEDIATION

We have to point out that historically mediation has been universally known and carried out by the huge majority of different peoples with nuances depending on whether the parties in conflict are of the community itself or of other communities or countries.

• In the Western world mediation has been influenced by Judeo-Christian religion. The first mediation is that of the “pontifex” or “bridge” between God and man. (The prophets, the priests are the mediators between God and man.)

• In the civil world mediation is carried out through diplomacy.

Diplomacy is the activity between states to resolve conflicts of interests, borders etc. in a peaceful way.

• Nowadays due to the evolution of democratic societies towards individualized societies (from the 1 990s onwards) there is a need for mediation in a variety of fields, some of which are official (family, school, between cultural minorities and majorities) while others are personal or institutional. This leads to a wide range of facets and manifestations of mediation.

POLITICAL CONTEXT Mediation has many faces and manifests itself in various forms in politics, between political parties, between big organizations e.g. trade unions and employers.

Sometimes when parties don't manage to reach an agreement the government, certain institutions or people of recognized prestige are asked to mediate e.g. the strike between Iberia and the trade unions. Also, in recent years mediation interventions between debtors and banks have increased a lot.

Mediation in communities is carried out mainly in conflicts between neigh-

SPAIN

HISTORICAL AND SOCIOLOGICAL CONTEXT

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bours, or between administrations and communities. Sometimes a mediator is used when it comes to unifying criteria for public works, parks, squares etc in a geographical area, other times a mediator is used to determine the budgets of government administrations or to participate in projects that affect the community e.g. the project “Urban” in Pamplona or the Concept of Mobility and Environment in Pamplona.

In all these cases and areas mediation has 3 aspects to take into account: 1 . Mediation becomes a juridical act.

2. Mediation is a professional activity.

3. Mediation has legal effects.

III—LEGISLATION Spanish legislation at state level defines the areas of general mediation in the Law of Civil and Commercial mediation of 5 July 201 2.

Other existing legislations are: • Gender Equality Act 2005 • Divorce Law (1 981 , 2005,201 1 , 201 2 These laws, however, need further development on some aspects of mediation such as areas, effects, procedures and required qualifications for mediators.

These laws are sometimes completed with regional laws such as the laws of the Navarre Government concerning 3 areas of mediation: family, school and intercultural mediation.

SPAIN

IV—MEDIATION FIELDS Social areas in which mediation takes place: finances, work, neighbours, intercultural, evictions, etc.

• Important for our research: • Between members of a family: family mediation, • In schools: educational mediation.

• Between cultures: intercultural mediation

V—MEDIATION PROCEDURES TOOLS The resources depend on the area in which mediation takes place and on the regulatory legislation

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Family mediation

In Navarre for the last 4 years the resources in the area of family mediation have been reduced to a formal assignment from the government to an enterprise called “Kamira” to carry out family mediation in Navarre. Kamira in turn makes available 6 professional psychologists, social workers and educators, who received specific training in mediation. They work in Tudela (South of Navarre) and in Pamplona. The mediation services are financed by the Government of Navarre. Apart from this, there are other private mediation services, of which we have no information, and which are paid by the users themselves.

Educational mediation

• All schools are to have a plan on how to live together.

• The Plan includes preventive measures, mediation, commitments for living together, rules of living together, etc • Resolution of conflicts: The Government of Navarre has made a “Unidad de Coexistencia”(a Unit of Coexistence) available to the Department of Education. This service offers programmes, didactic material and counselling for teachers and students not only for the training of mediators but also for the actual mediation activities. Each school decides if they take part or not in the activities and the way to do so. There is no control in this respect.

This kind of mediation is directed to ethnic minorities and to immigrants.

The trade unions and social organizations like The Red Cross carry out mediation programmes. There is a wide range of courses, offers and experiences, which are difficult to evaluate. Most of them consist in intervening in problems with the language and in social, educational and housing counselling.

The Organization for Gypsies offers programmes for mediation between gypsies and non-gypsies. All these activities are financed by the Government of Navarre.

ACTIVITIES Family mediation :

Family mediation consists above all in talking to the members of a family, organising meetings between the members—fathers, mothers with the children—at “Meeting Points”. The professionals also offer services of family counselling.

SPAIN

Intercultural mediation

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Educational mediation at schools:

Mediation programmes/Intervention of teachers in conflicts. In some cases other students of the school intervene as mediators in the conflicts of their schoolmates.

VALUES Harmony; living together; coexistence; overcoming prejudice; integration of minorities; removal of conflicts from the traditional judicial process .

VI—THE ROLE OF THE MEDIATOR “The mediator is the key figure of the model who assists opposing parties to reach a voluntary, negotiated solution. The activity of mediation, which can apply in a variety of professional and social areas, requires skills that in a lot of cases depend on the very nature of the conflict. Therefore, mediators need a general training that enables them to carry out this task effectively and that provides unequivocal guarantee to the parties involved due to the civil liability which might arise”. (Preamble of the law 5 /201 2 of civil and commercial mediation.)

VII—TRAINING PROFILE OF MEDIATION SPAIN

diators

In all the mediation areas mentioned above courses are offered to train me-

The law 5/201 2 on mediation states that to be a mediator one must be in possession of a university degree (Law, Psychology, Social Work..) and a certificate of a specific training course offered by duly accredited institutions.

There is an ongoing discussion about mediation training and trainers. As a result, we can find a wide range of different training courses, all of which consist of at least 50 hours. Courses are offered not only by official organizations such as the Ministry of Education or Social Welfare but also by institutions which carry out mediation themselves such as The Red Cross, the Trade Unions etc. All these courses are different as far as content, duration and previous training conditions are concerned. Universities also have set up training courses in mediation (University Expert Degrees, Specialisation courses, on-line courses). So, for example, the Public University of Navarre has offered a specialisation course in Law with some subjects on psychology.

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STATISTICS School mediation: • There are 31 2 educational centres: 245 are state schools and 67 are subsidized private or private schools.

• There are about 95295 students between 3 and 1 8 years old.

Family mediation: • Family mediation :more than 200 a year • Family counselling (more than 340 a year) • Meeting Points (3 points in Pamplona) • Intercultural mediation: Number of mediations carried out per area(201 2) • Legacy mediation: 689 - 1 9,3% • Labour-economic: 689 - 1 9,3% • Social: 606 – 1 7,0% • Immigration: 323 – 9,1 % • Education: 31 9 - 8,9% • Others • Total: 3.565 (ANAFE y CRUZ ROJA)

Mediation in community affairs with citizen participation.

SPAIN

Other Information

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VIII—CASE STUDIES CASE STUDY 14—INTERCULTURAL PARTICIPATION AND MEDIATION PROJECT IN CASTEJÓN (NAVARRE, SPAIN) Jesus Aristu

jharistu@unavarra.es

Todos/as iguales, todos/as diferentes Todos/as (vivimos) en CASTEJÓN «fusionando horizontes comunes» SPAIN

“La fusión que requiere el entendimiento mutuo solo puede provenir de la experiencia compartida” (Z.Bauman 2006: 38) We are all the same, we are all different.

We all live in Castejón «merging common horizons». “‘Fusion’ that the mutual understanding requires may be only the outcome of shared experience.”

(Z. Bauman2006:38)

Introduction Castejón is a town and municipality located in the province and autonomous community of Navarre, northern Spain. Castejón has 4000 inhabitants, 1 000 (25%) of

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which are foreign. The Muslim community is the most representative, with nearly 800 Moroccans and Algerians. The other immigrants are mainly Latin Americans and Eastern Europeans. In total, 28 countries are represented.

Although up to now no great conflicts between the different populations of different nationalities and cultural backgrounds have been reported – historically, Castejón has been used to immigration – some studies carried out by the town council have pointed out the existence of latent conflicts between some sectors of the local and immigrant population. That’s why the town council team considered it important to set up a project to prevent conflicts, to manage the existing ones, and to reach a peaceful co-existence among all the sectors of the population.

The organisation Gingko -counselling and personal development-, represented by Jesús Hernández-Aristu , professor of the Public University of Navarre and Jesús Salcedo Felipe, master student of Social Work, was asked to carry out this project. The project, which started in July 201 3, consisted in developing a plan to promote the peaceful coexistence and management of the cultural, social, ethnic and religious diversity in the town of Castejón.

In the first meeting with the mayor and the town council team the foundations for the development of the project were established.

One of the most important agreements reached in this first meeting was that the project should be an intervention plan endorsed and supported by all the political parties.

Once this support was secured, the project was further developed and presented under the title: “Todos/as iguales. Todos/as diferentes. Todos/as vivimos en Castejón: Fusionando horizontes comunes.” (We are all the same, we are all different, we all live in Castejón : merging common horizons.)

Principles The whole project is inspired by and based on the principles of the philosophy of dialogue (Hernández, 2001 ) and the theory and practice of communication ( Hernández, 1 990// 201 2) .

SPAIN

Starting the project

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Objectives The objectives for an intervention process in the town of Castejón were outlined as follows: • To promote harmonious coexistence between groups of population with different nationalities and with a different social, cultural background.

• To prevent conflicts between people and/or organisations with different nationalities and with diverse social, cultural backgrounds.

• To develop dispute resolution procedures in case of conflicts on the grounds of nationality or social and cultural differences.

• To create a social structure that promotes peaceful coexistence and management of conflicts on the grounds of ethnic, national, social and/or cultural differences.

• To raise the population’s awareness regarding the perception of diversity as an opportunity for reciprocal personal and cultural enrichment.

• To plan festive cultural activities in which people of different nationalities, religion, cultures and/or classes take part, exchange and have fun.

• To facilitate the participation of the inhabitants and the organisations in matters of town life such as the management of diversity of cultures, of the less-favoured groups of population etc.

SPAIN

These objectives, the main pillars of which are citizen participation and conflict prevention and management, give the project the character of community mediation.

Management Board or Group The Management Board consists of a representation of the most important social organisations of the town: 2 representatives of the local government (1 of the governing group and one of the opposition), representatives of more than 1 0 autochthonous and immigrant organisations, educational, religious and sporting institutions.

sition

Specifically, the following organisations are represented: • The local government: Mayor of Castejón and 1 member of the oppoOne representative of: • the Islamic community of Castejón

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•

APYMA (Association of Fathers and Mothers) of the school “ 2 de

• • • • • •

the local sports school “El Tomillar” the biking club “El Patorrillo” the Taekwondo sports club the Women’s association the retirees’ association the neighbourhood association “Valentin Plaza”

The function of the Governing Board is to manage all the activities as they develop in order to meet the objectives.

◊ All the activities that are planned must be innovative, participatory, creative and achievable.

The members of the governing Board commit themselves to encourage their groups to elaborate a document with activities to be carried out in Castejón with the aim to contribute to a peaceful coexistence in the town.

With all the proposals of the different groups, the board will be responsible for the elaboration of the global action plan for peaceful coexistence in Castejón. The Board will decide on the contents and the methodology of the plan, in which special attention will be paid to create a structure that will ensure the continuity of the project in the future.

Stages of the project Stage 1 : First draft and meeting with the political parties of the municipality Stage 2: Creation of the Management Board. In order to ensure a smooth

SPAIN

• During the meetings the organisations get to know each other and inform about the activities each of them is going to carry out. Besides, special attention is paid to • cohesion of the group.

• motivation to collaborate in the project • development of a work system and guidelines for action • criteria for action. E.g. ◊ In all the workgroups that will be set up there must be at least one representative of the immigrant population.

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management of the project, the project directors saw to it that a maximum of groups and organisations were represented without there being too many participants.

Stage 3: The members of the Management Board get to know each other.

An approach to work within the groups and organisations is put forward.

Stage 4: Collection of proposals by all the groups and organisations.

At this stage of the project the indication is given that in each workgroup there should be a representation – at organisational or individual level – of the autochthonous and immigrant communities. Another basic principle is that all the activities should be open to all the inhabitants of Castejón.

During this process, the project directors visit the different groups and organisations in order to give them support, help them in case of doubts but above all to encourage them.

At the end of this stage, the Management Board elaborates the Action Plan for peaceful coexistence with the proposals made by the groups and organisations.

Stage 5: Implementation and follow-up of the Action Plan.

SPAIN Work group ofthe school community in action.

The Action plan Programme ( provisional) 28 March: ALL TOGETHER. – Cultural Centre. 1 7.30 h

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A meeting open to all the inhabitants of Castejón with the aim of creating a meeting point.

Organised by the Women’s Association.

1 0 April: SPANISH WORKSHOP. “Going to the Social Services” Spanish words and expressions you need to attend the Social services.

Organised by the Neighbourhood Association “Valentín Plaza”.

9 May: GUIDED VISIT. Meeting point: Cultural Centre Visit to the Town Hall and the energy classroom in order to raise awareness of the resources available in the town.

Organised by the Women’s Association.

24 May: PLAYING AS WE USED TO….

Playing local and foreign popular games.

1 2 July: RAMADAN DINNER ( from 9 p.m on) Meeting around a typical Muslim celebration.

Organised by the Islamic community of Castejón.

6 September: CASTEJOLIMPICS Sport activities for all ages.

Organised by Sportsclub “El Tomillar”.

Forthcoming activities: •Workshop Spanish: GOING TO THE DOCTOR. •Beauty workshop: “ACICALANDONOS” •Cookery workshop: “ COOKING INTERCULTURALITY” •Creation of an intercultural orchestra •“ MARRAKECH AND CASTEJÓN”: tales, stories and market.

SPAIN

Organised by the retirees’ association.

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Participants in one ofthe activities: playing local and foreign popular games.

Evaluation Difficulties encountered

SPAIN

• Some groups or organisations considered the project as an intrusion, an interference (e.g. the school, social and cultural professionals) • Historical hostility • Fear of the professionals of the external team “ the so-called superexperts” • Racism • Little experience of collaboration between organisations Strengths • • • •

Civil society and its organisations Collaboration of the npopulation according to their interests The working together of the political parties Desire/ fear of the deterioration of peaceful co-existence.

Bibliography Popular.

Hernandez Aristu, J. (1 991 ) Acción Comunicativa e Intervención social. Editorial Madrid

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Newspaper article about the project.

Hernandez Aristu, J. (201 0) “Participación ciudadana y mediación social: Elementos de una pedagogía de la participación. Una reflexión desde la práctica del asesoramiento y la mediación”. Revista online: mediaciones sociales. Nº 7, 2º Semestre 201 0) Universidad Complutense de Madrid.

Bauman Z. (2006) Confianza y temor en la ciudad. Vivir con extranjeros. Arcadia. Barcelona drid

NaÏr Sami (2006) Diálogo de culturas e identidades. Edit. Complutense. Ma-

SPAIN

Hernández Aristu, J. (2001 ) La filosofía del diálogo como fundamento éticoecológico en las profesiones de ayuda. En: Kisnerman, N. (comp..) ETICA, ¿Un discurso o una práctica social? Paidos. Buenos Aires. pp. 63-1 05.

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.4 SWITZERLAND Karine Darbellay · Jorge Pinho

I—CONCEPTIONS MEDIATION is a process of ethic communication based on responsibility and autonomy of participants, in which a third party—impartial, independent, neutral, without decisional or consultant power, with the only authority that it is recognized by the mediated people—encourage by confidential interviews, creation and recreation of social link, prevention and the settling of the situation (Guillaume-Hoffnung, 2009:72).

SOCIAL MEDIATION is a new praxis of social work which aims to (re)socialize outsiders while restoring the social bound (Bondu, 1 998:1 7).

The goal of COMMUNITY MEDIATION is to elaborate an autonomous project in order to resolve conflicts without any State’s intervention but with the people involved in the conflict. It aims to promote active citizenship (Bonafé-Schmitt, 1 999, 1 992; in Lemaire et Poitras, 2004).

SWITZERLAND SWITZERLAND

II—CONTEXT OF MEDIATION HISTORICAL AND SOCIOLOGICAL CONTEXT MEDIATION “Old Helvetic Confederation” (1 291 1 848?) used “federal mediation” that consists of resolving conflicts with a neutral mediator.

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Internal conflicts (between Cantons or between Cantons and submissive people): creation of arbitrage trails to manage negotiations. A lot of religious conflicts were resolved by “federal mediation”. Nicolas de Flue and Johann Rudolf Wettstein were two famous mediators.

External conflicts: “Old Helvetic Confederation” offered its mediation to resolve conflicts, for example during the farmers’ war in Germany in 1 525 or during the war between England and Holland in 1 653.

“Federal Mediation” has reinforced the confederal cohesion and improved integration of new countries within the confederal structure.

Source: Würgler, Andreas. Dictionnaire historique de la Suisse.

POLITICAL CONTEXT

In order to consider the development of mediation in Switzerland, we have to consider both internal and external different levels.

According to some authors, the process of mediation could have been developed very early in the “Old Helvetic Confederation” because the federal structure of this country (decentralized) entails the political necessity of compromising.

Source: Würgler, Andreas. Dictionnaire historique de la Suisse.

At the external level, Switzerland is often considered to act as a mediator in international conflicts. That is partly based on its specific status of permanent neutrality. According to Jean Mirimanoff, Switzerland handles some qualities of mediator like “no power, independence, impartiality, neutrality and also confidentiality”.

At the internal level, the statement is different. For example, penal mediation in Switzerland is not well developed. That might be due to the development of the Swiss penal code that hardly took into consideration the concepts of “restorative” and “local” justices. Julien Knoepfler (mediation pénale en Suisse).

SOCIAL CONTEXT AND LEGAL FRAMEWORK General context: introduction

Mediation is a process of ethic communication based on responsibility and autonomy of participants, in which a third party, a mediator, encourages, by confidential interviews, creation and recreation of social links, prevention and the settling of the situation. The mediator must be impartial, independent, neutral, without decisional or consultant power and his authority has to be recognized by the mediated

SWITZERLAND

MEDIATION

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people (Guillaume-Hoffnung, 201 2).

Social mediation is a new praxis of social work which aims to (re)socialize outsiders while restoring the social bound (Bondu, 1 998:1 7). The goal of community mediation is to elaborate an autonomous project in order to resolve conflicts without any State’s intervention but with the people involved in the conflict, promoting active and participatory citizenship (Bonafé-Schmitt, 1 999, 1 992; in Lemaire et Poitras, 2004).

So in the following pages, first we shall attempt to draw up a general inventory of mediation in Switzerland. And then, before concluding our remarks, three relevant experiences will be developed.

Historical, sociological and political context

SWITZERLAND

We can say that the mediation belongs to the history of Switzerland it-self.

Indeed, from the beginning, the “Old Helvetic Confederation” (1 291 -1 848) used the “federal mediation” that consisted of resolving conflicts with a neutral mediator. These conflicts could be internal or external: • In case of internal conflicts, between Cantons or between Cantons and submissive people, the purpose was to promote arbitrage trails to manage negotiations. For example, a lot of religious conflicts were resolved by “federal mediation”.

Nicolas de Flue (1 41 7 – 1 487) and Johann Rudolf Wettstein (1 594 – 1 666), two famous Swiss people, can be considered as the first mediators in our country.

• In the sphere of external conflicts, the “Old Helvetic Confederation” offered its mediation to resolve conflicts, for example during the farmers’ war in Germany in 1 525 or during the war between England and Holland in 1 653.

Moreover, the “Federal Mediation” has reinforced the confederal cohesion and improved integration of new cantons within the confederal (Würgler, 1 988-201 3 Dictionnaire historique de la Suisse.)

In order to consider the development of mediation in Switzerland, we have to consider both internal and external different levels. According to several authors, the process of mediation could have been developed very early in the “Old Helvetic Confederation” because the federal structure of this decentralized country entails the political necessity of compromising (Würgler, 1 988-201 3 Dictionnaire historique de la Suisse.)

Externally, Switzerland is often considered to act as a mediator in international conflicts. That is partly based on its specific status of permanent neutrality.

According to Jean Mirimanoff, Switzerland has some qualities of mediator like “no power, independence, impartiality, neutrality and also confidentiality”. Nowadays, this specific posture is called les bons offices.

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Internally, the situation is different. For example, penal mediation in Switzerland is not well developed. That might be due to the development of the Swiss penal code that hardly took into consideration the concepts of “restorative” and “local” justices (Knoepfler, mediation pénale en Suisse).

III—LEGISLATION Mediation was introduced into the Swiss law on the 20th of June 2003. Regarding penal right for minors, this law came into effect on the first of January 2003.

The second step was the unification of the civilian code that came into effect the first of January 201 1 . That brings mediation up to the national level. These dispositions propose for example • To change conciliation to mediation if the participants want it; • The trail and the participants can propose to open a mediation procedure at any time; • The trial procedure is suspended during the process of mediation.

That’s an important point for the development of mediation in general in Switzerland.

The following articles of the national legislation can be cited: Civil Procedure Code (CPC): Art. 21 3 à 21 8 et Art. 297 Art. 21 3 - Médiation remplaçant la procédure de conciliation Art. 21 4 – Médiation pendant la procédure au fond Art. 21 5 – Organiation et déroulement de la médiation Art. 21 6 – Relation avec la procédure judiciaire Art. 21 7 – Ratification de l’accord Art. 21 8 – Frais de la médiation

2. Penal code: • Art. 1 7 - (only for minor people) Finally, each canton has its owns laws projects and rules.

Mediator’s role Actually, the mediator’s activities are not provided in the national legislation level. The article 21 5 of the CPC states simply the following: • “Organization and process of mediation: participants are in charge of organization and process of mediation”.

Legal procedures exist also at the cantonal level. But as they vary between each canton, they aren’t explained below

SWITZERLAND

1.

• • • • • •

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In practice, the Code éthique de la Fédération Suisse de médiation defines more specifically the mediator’s role: • according to the conflict, he should be able to express empathy while keeping distance at the same time; • he must respect the different values and visions of the participants; • he should be trained in practice of mediation, undergo regularly continuous training and participate to intervision and supervision sessions; • the mediator must be independent (for example, he must identify conflict of interests); • the mediator informs the participants that he can’t accept to represent them in another procedure once the mediation will be over. To be impartial, the process must be equitable, and the participants have to give the whole information they have; • the process is confidential, and the procedures to provide information to the outside world is collectively discussed; indeed, the mediator doesn’t give information neither about the identity of the participants nor about the content of mediation. Furthermore, the mediator can’t be a witness during a judiciary procedure.

However, Philippe Domont published in 2009 some statistics taken from Médiation Suisse 2008. He are therefore some data to conclude our Part I: 1 . Fields of mediation • Family mediation (included inheritage conflicts, conflicts of interests): 37,2% • Work mediation: 20% • Scholar mediation: 9.1 % • Administrative mediation: 3.4% • Insurance mediation: 2.2% SWITZERLAND

2. Success of mediation • 70,4% of mediations achieve an agreement • Higher success: penal mediation (74,8%), administrative mediation (74,1 %), work mediation (73,6%) • Lower success: neighbourhood mediation (64%) 3.

•

Average duration of mediation 1 -5 times

4.

Training by mediators

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• • • •

29,4% of mediators provide courses to non-mediators people 30% are engaged in an organization of mediation 79,2% give courses to professional training courses in mediation 4/5 of mediators have followed their mediation training since 2001 to

5.

• •

Perception by mediators of the demands of mediation High demand: work – family – public space fields Less high: commercial – penal – scholar fields

We have done overview of the situation (mapping) in collecting information about activities of mediation in the French part of Switzerland. We gathered 69 1 types of activities of mediation linked to 47 projects 2 .

Without any pretension to being exhaustive, we can say that the following mediation fields are present in the country: • Community action: promotion of citizen participation.

• Cultural mediation: making culture accessible to everyone.

• Intercultural mediation: promotion of integration and mutual understanding.

• Health mediation: conflict resolution in hospital.

• Work mediation: negotiation between the social partners.

• Neighbourhood mediation: conflict resolution between neighbours.

• School mediation: promotion of a positive school climate.

• Penal mediation: intervention in criminal cases.

• Environmental mediation: promotion of sustainable developpement including all actors involved in the territory.

• Political mediation: international relations and diplomacy.

V—MEDIATION PROCEDURES Any mediation procedure is based on values, activities and tools, as illustraA project may contain several activities (interventions in diverse fields), for example a project may announce activities in family mediation, in neighborhood and work enterprise.

2 We keep these projects because they were designated either as mediation project or presented activities that contained mediation values as independence, impartiality and neutrality.

1

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ted with the specific following examples.

As regards the tools, conflict management must be considered as basic and transversal tool. It take place at different levels as interpersonal, intergroup or intragroup conflicts. The conflict management can be mobilized in several mediation fields and with any public: patients, neighbours, people from different cultures, publics or art, actors in environmental issue, elder people in a local area, between young people and their victims, etc.

TOOLS tools as: ple);

Then, the specific field of the community mediation is supported by specific •

Methodology “Quartiers solidaires” (community action for elder peo-

• “Transfer” of the world of the art by introducing exhibitions, publications (cultural mediation) • Co-construction in territorial politics + NIMBY (Not In My Backyard) (environmental mediation) Similarly, social mediation is also based on specific tools, for example: • Non-violent action • Interpersonal interaction • Conflict management ACTIVITIES SWITZERLAND

In terms of activities, mediation is related to other liable activities like conciliation, arbitrage, teaching and supervision. In addition, there are many activities on training mediation and supervision.

VALUES From Code éthique de la Fédération Suisse de médiation, the essential values of mediation, concern first the process and the mediator. Indeed, the process must be fair, transparent, efficient, voluntary (not obliged) and confidential. As regards the mediator, he shall be trained, neutral, impartial and independent. Never at any time can the mediator be the representative of one or both parts in any procedure.

Finally, the power of decision must stay in conflicting people hands!

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VI—THE ROLE OF THE MEDIATOR National legislation level:

• nothing about mediator’s work: art 21 5 (CPC): “organization and process of mediation: participants are in charge of organization and process of mediation”.

• maybe something at the cantonal level.

In practice :

from “Code éthique de la Fédération Suisse de médiation” • according to the conflict, being able to express empathy while keeping distance at the same time • to respect the different values and visions of the participants • to be trained in practice of mediation, to follow regularly ongoing training and to follow intervision and supervision • to be independent (interests conflict settled, circumstances that could prevent his independence and neutrality) • mediator informs the participants that he/she can not accept to represent them in another procedure once the mediation will be over. to be impartial, the process has to be equitable, and the participants have to give the whole information they have • the process is confidential, and the procedures to provide information to the outside world is collectively discussed (the mediator doesn’t give information neither about the identity of the participants nor about the content of mediation, the mediator can’t be a witness during a judiciary procedure)

Training institutions

As regards the training institutions, the FSM organisation—Fédération des médiateurs—officially recognizes two training organisations only: Institute Univisertiare Kurt Bösch IUKB (http://www.iukb.ch) and theGroupement Pro Mediation (http://www.mediations.ch).

The IUKB institute provides higher education training (called DAS and CAS) and is labellized by FSM—Fédération Suisse des Médiateurs—and FSA—Fédération suisse des avocats.

The Groupement Pro Mediation (GPM), provides various types of training: awareness courses, in-depth training, continuous training, etc.

However, the answers to the question “who trains mediators?”, are many

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VII—TRAINING PROFILE OF MEDIATION

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and various, for example: • ECAV—Ecole Cantonale d’Art du Valais—(MAS of arts mediation): • Plateforme Culture Valais (cultural mediation) • HEP—Haute Ecole Pédagogique—(VD canton: CAS on prevention of health, prevention in scholar context, option scholar mediation; BEJUNE and Fribourg cantons: CAS of scholar mediation) • HETS—Haute Ecole de Travail Social—(DAS of conflicts management, specialized in family field; CAS of conflicts mediation) • EESP—Ecole d’Etudes Sociales et Pédagogiques—(training in social and community intervention, CAS in cultural mediation, CAS in mediation of current musics) • Centre de recherche sur les modes amiables et juridictionnels de gestion des conflits (CEMAJ), University of Neuchâtel (law field) • Centre pour l’action non-violent (CENAC) (conflicts management training) • Conflits.ch • Maison neuchâteloise de la médiation, Association médiaNE, (conflicts management) • Ecole professionnelles de la médiation et de la négociation (labellized

by FSA—Fédération suisse des avocats) • Etc. What are the main contents of mediation training ? It’s impossible to condense the answer to a few words! At most, it may be possible to identify the three following cross-cutting themes of mediation training: SWITZERLAND

• • •

Conflicts management; Theory of mediation; Practices through stage, role-playing and supervision.

STATISTICS As noted in 201 1 by Alec von Graffenried, a Member of the Swiss Parliament, there are no nationally comparable data on mediation in Switzerland 3 .

Furthermore, each canton manages individually the development of mediation in its 3

See : http://www.parlament.ch/f/suche/pages/geschaefte.aspx?gesch_id=201 23558

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own territory. So there’s no answer to the question: how is the mediation used by the cantons?

From “Médiation Suisse 2008”, published 2009, Domont Philippe Fields of mediation: 37,2%

•

Family mediation (included inheritage conflicts, conflicts of interests):

• Work mediation: 20% • Scholar mediation: 9.1 % • Administrative mediation: 3.4% • Insurance mediation: 2.2% Success of mediation: 70,4% of mediations achieve an agreement • Higher success: penal mediation (74,8%), administrative mediation (74,1 %), work mediation (73,6%) • Lower success: neighbourhood mediation (64%) Average duration of mediation: 1 -5 times Training from mediators: • 29,4% of mediators provide courses to non-mediators people • 30% are engaged in an organization of mediation • 79,2% give courses to professional training courses in mediation • 4/5 of mediators have followed their mediation training since 2001 to 2009 Perception by mediators of the demands of mediation: • High demand: work—family—public space fields • Less high: commercial—penal—scholar fields.

Social and community mediation, with its values, practices and tools, opens interesting perspectives for the social workers trained in our school 4. Indeed, the training program of the Bachelor of Arts HES-SO in Social Work (PEC 2006) identifies several challenges facing the professionals, as: individual resources development, social justice advocacy and the fight against exclusion, or the promotion of social participation and of active citizenship. Furthermore, social work actions usually are based on two distinct but complementary approaches: emancipation and compensation.

Participation, citizenship, empowerment, emancipation, compensation, etc., 4

See: http://social.hevs.ch/Presentation_de_la_filiere.1 1 4990.990.htm

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Conclusion

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these are all possible meeting points between mediation and social work. And also, these are all interesting prospects in terms of training development. We will return to the subject later in this paper, by presenting our first training initiative based on this European research.

Bibliography

Bonafé-Schmitt, J.-P. (1 999). La médiation sociale et pénale. In J.-P. Vouche, J.-P. Bonafé-Schmitt, J. Salzer, J. Dahan & M. Souquet (Eds.), Les médiations, la médiation (pp. 1 5-80). Toulouse: érès.

Bonafé-Schmitt, J.-P., Schmutz, N., & Bonafé-Schmitt, R. (1 992). Médiation et régulation sociale . Lyon: glysi-atelier de sociologie juridique. CNRS-MRASH-Université Lumière-Lyon II. Bondu, D. (1 998). Nouvelles pratiques de médiation sociale. Jeunes en difficulté et travailleurs sociaux. Issy-les-Moulineaux: ESF. Domont, Ph. (2009). Résultats de l’enquête. Médiation Suisse 2008. Rapport condensé: faits principaux et analyse . Zurich.

Guillaume-Hofnung, M. (201 2 (5e ed., 1 995, 1 e ed.)). La médiation . Paris: PUF. Knoepfler, J. (2002). La médiation pénale en Suisse. Texte paru en anglais sous le titre « Victim-Offender Mediation in Switzerland » in: Newsletter for Victim-Offender Mediation and Restorative Justice (Leuven), Vol. 3, Iss. 2, juin, p.4-6.

Lemaire, E., & Poitras, J. (2004). La construction des rapports sociaux comme l'un des objectifs des dispositifs de médiation . Esprit critique, 06(03), 1 7-29.

Würgler, 1 988-201 3 Dictionnaire historique de la Suisse. URL: http://www.hls-dhs-dss.ch/textes/f/F26421 .php Loi fédérale sur la procédure pénale applicable aux mineurs (Procédure pénale applicable aux mineurs, PPMin) du 20 mars 2009u

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CASE STUDY 15—AsMéd-VD ASSOCIATION VAUDOISE POUR LA MÉDIATION DE VOISINAGE Karine Darbellay

karine.darbellay@hevs.ch

Jorge Pinho

jorge.pinho@hevs.ch

Introduction

ASSOCIATION VAUDOISE POUR LA MÉDIATION DE VOISINAGE, in short: AsMéd-VD 1 , is a non-profit association, the Committee is leading by Samuel BONSTEIN (president). The umbrella organization of AsMéd-VD is GPM, Groupement Pro Médiation 2.

We made our interview with Philippe BECK, committee member and mediator.

AsMéd-VD, C.P. 2, CH–1 066 Epalinges;tel. 0848 844 948 (only from Switzerland); site: http://www.mediation-de-voisinage.ch/joomla/; e-mail: Info-vd@mediation-de-voisinage.ch 2 www.mediations.ch 1

SWITZERLAND

We present three projects of meditation located in the French part of Switzerland. We choose these projects because their members practice mediation in diverse fields. Our aim is to show an overview of social and community mediation across these three projects.

Datas below come from Internet site and come from interviews made with members of these projects (one interview per project).

For each project, we describe the legal statute and the history of the project, then we list their missions and objectives, the area of influence, the types of problems they treat in mediation and actors concerned and finally we describe the process of mediation they usually choose and the statute of mediators and members of the project. Sometimes some of these points are missing because we don't find information neither on Internet nor during interview.

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History Before 1 995, Philippe Beck encountered some specialists of mediation and some projects of mediation abroad and he made an evaluation of needs in the French part of Switzerland. In 1 995 the first centre has been opened in a leisure centre in Boveresse in Lausanne: «Association vaudoise pour la médiation de quartier». The assessment of this centre shows that the requests come from everywhere in Canton de Vaud, but none from the neighbourhood of Boveresse (even so Mr. Beck knew that there are conflicts in this district). One of the possible explanations was the proximity of the centre, in other terms “people don’t want that any of their neighbours know about their conflicts”. Thus, in 2001 , structural changes arrive. The centre in Boveresses has been closed and the members of the project create an Internet Desk.

The name changed : «Association vaudoise pour la médiation de voisinage»—voisinage bringing a closer idea of the actual work than quartier.

Missions and objectives

SWITZERLAND

AsMéd-VD promotes neighbourhood mediation in Canton Vaud. It trains mediators acting as volunteers, provides to their accreditation and organization as a network, guarantees a high level in-service training, and manages the financial aspects of their work.

They have several objectives as: to promote neighbourhood mediation in Canton Vaud by training, information, research, developing a network of mediators; to allow exchange of information and advices into the network; to coordinate work of the network; to coordinate training of mediators, to accredit mediators and to control the observance of deontological code; to synthesize and assess the activities of the network; and finally to contribute to harmonize the French speaking part of Switzerland in terms of neighbourhood mediation.

Population AsMéd-VD acts anywhere in Canton de Vaud, depending on the customers' address. In 201 2, they received 72 calls of persons implied in a conflict, they opened 25 folders and they did 8 face-to-face mediations.

Types of problems

The conflicts very often treated are conflicts of neighbourhood (about noi-

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se–9/1 0 - derived of lack of respect, cleaning, animals, children, vandalism…) and conflicts into a couple or between members of family; then conflicts into enterprise, association, groups of interest are occasional (professional staffs in a social institution, members of committee, salary person with the president of a committee) and finally conflicts between community relations and groups relations are also present.

AsMéd-VD usually deals with neighbourhood mediation, that is “all mediation that implies no element of law”.

Type of requests: All person in conflict may contact the association (by phone, mail or letter). It is possible for another person to take contact as a parent, a neighbour, a social worker, and so on. Anonymous requests are not taken into account. The mediation process may be started in parallel to a judiciary procedure.

Site of mediation : association AsMéd rents a communal or church place as near as possible of the persons in conflicts.

Number of mediators: usually mediations are managed by 2 or 3 mediators (at least 1 accredited, 1 co-mediator—often a new mediator, 1 observer—a person still under training). This co-mediation aims at mirroring the diversity of the persons in conflict (age, gender, ethnicity,...), at training new mediators, at managing groups mediations, at having an observer, for example for non-verbal reactions.

Steps:1 ) clarify the frame and the role of mediators. 2) Have each disputant tell his/her version of the story. 3) Digging into the feelings and needs behind the "opinions". 4) Help focussing on the future: encourage to create many options and to negotiate them. 5) If possible: complete an agreement (rarely under the written form).

Duration : usually one session is enough for two disputants and 2-3 sessions when the number of people is higher. The maximal number of sessions for two persons in conflict was, until now, 6 sessions; and 1 1 sessions when the numbers of persons was higher.

End of mediation : usually when the disputants agree to meet face-to-face, the chances of success are high (8/1 0). The mediation fails when people give a superficial agreement to mediation, coming with a win/lose state of mind, or when people think that the mediator will find their solution (they don’t differentiate mediation from a trial).

Cost: Requested are SFR 1 50.- per session, to be paid in advance by the requesting party (reductions possible, down to 0 if needed !), then usually re-negotiated during the first session.

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Conflicts management

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Human resources There is no salary personal. People embody in the association is divided in three groups: 1 . network of voluntary mediators (hotline, organization of mediation, meeting of intervision, lifelong training); these mediators are not professionals but trained in listening techniques and mediation. They have diverse professional background (retired doctor, retired teacher, lawyer, militant person, engineer, professional piano player, jeweller…). 2. board and a public relations group 3. ordinary members.

They practice mediation in French language. Interpreters may be requested from another NGO which name is “Appartenances”.

Finances (2012) Costs: 3’606.35.–CHF Permanence (1 ’004.80.–CFF) Administration (1 ’034.05.–CHF) Training (1 425.–CHF) Computing (97.50.–CHF) Others (45.–CHF) Incomes: 1 750.45.–CHF Mediations ( 1 ’050.-CHF) (1 50.–/session) Contributions of members (1 ’595.–CHF) Donations (1 ’770.–CHF) Interests (1 76.9.–CHF) Training (–2’841 .–CHF) SWITZERLAND

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CASE STUDY 16—CABINET DE MÉDIATION PR Karine Darbellay

karine.darbellay@hevs.ch

Jorge Pinho

jorge.pinho@hevs.ch

Cabinet de mediation PR1 is a private institution founded in 2006.

We made our interview with Patricia Roulet, she is a partner of the project and mediator.

Population Individual people and enterprises which need general information about mediation and they do mediation with people which decide to prevent and solve conflicts with the help of mediation in the Canton Geneva.

Types of problems

Conflicts management Cabinet de mediation PR usually deals with two types of mediation: 1 . Focus on juridical procedure: preparation and writing conventions for separation and divorce for example 2. Focus on mediation: solve problem of loyalty between children and parents for example.

Type of requests: for minor penal mediation—indirect request (demand by judge of minor court but no obligation to enter in the process of mediation), for civil Cabinet de médiation PR, Place du Bourg-de-Four 36, CH–1 204 Genève ; tel. +41 22 31 0 04 54 ; site : http://www.cabinet-de-mediation.ch; e-mail : directly from the site.

1

SWITZERLAND

The conflicts treated very often are family conflicts as wife and husband during and after divorce (for example parents' child care, loyalty conflicts from children towards one parent situation) and as share money between members of family. They frequently manage conflicts into enterprises (for example conflicts between employees because of possible racist behaviour). They occasionally encountered conflicts of neighbourhood or between tenants and lessors (for example because of noise, of teenager behaviours…) and school conflicts (for example between school administration and learners because of incivilities). They also covered the fields of minor penal mediation, environmental mediation and health mediation.

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mediation—direct and indirect request.

Number of mediators: they use co-mediation (two person trained as mediator and lawyer): “people appreciate to have two mediators (cabinet PR did a questionnaire) because people have the feeling that they have more chance to be heard and they have a double echo form mediators about what they say”.

Specificities about types of participants: for minor penal mediation : to the first and to the last session of mediation, the parents is demanded to be present Steps: 1 . Penal mediation : first of all the priority is the change of mind, of consciousness of the minor about his/her behaviour and effects of his/her behaviour.

The process takes into account diverse interests of participants: on the one hand, if the minor get awareness of his/her act, he/she may have possibilities to repair some consequences of his/her act; on the other hand, the victim can express his/her impressions/emotions about the act and may be heard by the minor and sometimes he/she decides to withdraw the complaint. 2. Family mediation : first of all the priority is to restore communication between members of the family (for example between separated persons with children, because the relation will continue after divorce). Mediation can propose a neutral field for children who experience loyalty conflicts.

According to Cabinet PR, more and more people enter in a process of family mediation to manage divorce because the juridical procedure is long and expansive especially when the process is conflictual.

Duration : from case to case.

End of mediation : until people find an agreement. “Sometimes mediations stop before agreement because mediators or people note that mediation is not the right tool to discuss about the conflict”. In the field of family mediation, Cabinet PR experiences that “it is rare that an fully agreement is not find”.

Cost: people pay their mediation except for minor penal mediation (State pays for mediation).

SWITZERLAND

Human resources The mediators are lawyers and accredited mediators. According to the person interviewed, “people decide to choose Cabinet PR because mediators have both profile: lawyers and mediators because they are confident to do mediation about divorce with mediators who know the law”.

They are trained in two fields: 1 . mediation (for example, post-grade in general mediation diploma, lifelong training in penal mediation, training in mediation for advocate, training mediation in enterprise) 2. law (for example law graduate, qualified to practice at the Bar and notary). They do mediation in Italian and French languages.

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CASE STUDY 17—CONFLITS.CH

Karine Darbellay

karine.darbellay@hevs.ch

2002. mediator.

Jorge Pinho

jorge.pinho@hevs.ch

Conflits.ch 1 is a private association of 1 0 independent mediators founded in We made our interview with Marc Rosset, he is a partner of the project and

Population They target a large population in Switzerland, they have offices in each linguistic part of Switzerland (French part: Fribourg, Genève, Lausanne, Martigny, Sion; Italian part: Lugano; German part: Zürich).

They covered a large range of fields, from commercial mediation, social mediation (mediation with associations), neighbourhood mediation, work mediation (44 mediations per year—20% of 220 demands per year for our person we interviewed), family mediation (for example situation of inheritance), school mediation, intercultural mediation, groups relations (they have specific competences in big groups mediation), penal mediation, administrative mediation, environmental mediation, international mediation and arbitrage in sport— civil—commercial law.

Conflicts management Conflits.ch, route Aloys-Fauquez 32, CH–1 01 8 Lausanne; +41 21 601 58 09 (Marc Rosset: our contact mediator); site: http://www.conflits.ch/; e-mail: rosset@conflits.ch (Marc Rosset: our contact mediator).

1

SWITZERLAND

Types of problems

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Conflict.ch deals with a lot of types of mediation, we choose here to present the specialty of “large groups mediation”.

Type of requests:

SWITZERLAND

“direct way”: usually people consulted the profil of the 1 0 mediators on Web site, choose the one they need and contact him/her by mail or phone call. “Indirect way”: especially with enterprises, the managers contacts the mediator to solve a situation that they can not manage.

Place of mediation: usually in entreprise.

Number of mediators: in the case of “group mediation”, the practice consists in co-mediation (2 to 4 mediators at the same time).

Specificities about types of participants: people who participate to the mediation are people who have the power to decide (the possibility to change facts) about the problems discuss in mediation.

Steps: fist of all, mediators make individual interviews (goal: to encourage people to enter into the process of mediation, to bring the emotionnal pressure down, to explain the process, to find potential dangerous elements in group). Usually the principal mediator doesn’t do himself individual interviews. The following process of mediation is different for “group mediation” compared to “general mediation”.

• “General mediation”: during the process of mediation, the mediator doesn't use information from individual interviews, because his aim is to arrive in mediation with the most neutral position. After, he/she encourages people to tell their story and to find solutions.

• “Group mediation”: during indidivual interviews, the mediator asks to people what kind of information can be delivered to the group and what kind of information keeps confidential (for the mediator only). Then the mediator elaborates a general point of view of the situation and gives to the group this overview of the situation (in place of the story phase in general mediation). The skip of the story phase is justify by time, indeed it will take to much time to elaborate the story phase with each one in group. The next step consists to validate the overview situation by participants.

Then the solution phase can begin. The mediator constitutes random subgroups. Each subgroup have to identify the most important problems, decisions inside subgroups are taken by votes, then they focus on the most 5 important problems which are presented to the all group. The next step consists to re-form subgroups by thematic interests (one problem by subgroup). In each subgroup, people propose solution, vote to point the best solutions, the solutions are evaluated according to the possibility to realize them, the subgroup designs a responsible for the implementation. The next step take place 2 or 3 months later, and the process continues.

Duration : in the case of “group mediation”, one session last a half day.

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End of mediation : the mediator asks participants if they want to write an agreement, and if the request is indirect (with a mandator) the mediator asks participants what elements to write on agreeement. The content of the agreement is structure in this way: the mediator notifies dates of mediations and the participants write the elements they want.

Human ressources The all 1 0 mediators are certified in mediation (from institution certified by Fédérationsuisse des médiateurs).

Other diplomas: master of arts, master of law and some are qualified to practice at the Bar, master of economics, master of development studies, master of care pedagogy, master of psychology, master of theology, master of finances. Diploma of supervisor in systemic, diploma of development and animation of training, diploma of engineering, diploma in public relations, diploma of public management, diploma of journalism, postgraduate in environmental studies.

They do mediation in Italian, French and German languages.

Conclusion

The practices description of mediation shows some differences that allow us to ask several questions: is it the role of mediator to enter in a process of elaboration of contract (for example, to help people to write the divorce convention)? Is it better to let another person to conduct individual interviews in order to be more neutral during the plenary session of mediation? Is it more comfortable for participants to have a mediator specialized in the field they have conflicts (example: a lawyer specialized in family law for family conflict; a mediator who worked in enterprises to manage work conflicts) and which degree of specialization is needed? What are the specific competences of a mediator? Communication skills are sufficient or not? Why are they (not) sufficient? Etc.

SWITZERLAND

Mediation in the French part of Switzerland is in a large part an activity which aims to manage conflicts between inter-individual relations. The process of mediation described by experts in our study shows number of similarities, as the necessity to conduct individual interviews, to respect general values of mediation (neutrality, impartiality, independence), the necessity to be trained in skills of communication in the specific context of mediation.

2. RESEARCH FINDINGS: CONCEPTS, CONTEXTS AND CASE STUDIES OF SCM

2.7 UNITED KINGDOM Mercy Maclean

I—CONCEPTIONS MEDIATION

UNITED UNITED KINGDOM KINGDOM

1 .1 . Many researchers in the UK highlight and critically evaluate the role of mediation as a core intervention in the judicial system, others examines the role mediation plays in civil and family justice systems, many also examines alternative approaches to conflict resolution by developing a theoretical framework that relates dispute resolution practice to philosophical assumptions about authority and knowledge.

1 .2. Further research highlights the differences between consumer and construction adjudication, in creating an overall best practice its aim is to review the particulars of adjudication in the United Kingdom, using disputes that may arise which are covered under the Housing Grants and Construction Regeneration Act 1 996.

1 .3. Other concepts of mediation draws on empirical investigations of collaboration between legal practitioners and mediation professionals to reflect on the implications of compulsory mediation (compulsory before going to court) for client services and inter-professional practices.

1 .4. Overall, mediation in the UK is seen as an alternative method to traditional conflict resolution methods, which is still very often carried out in the traditional court of law. Mediation has been employed in the UK to solve a number of social and community based problems, as well as commercial problems. There is also research that suggests that it is a style of conflict resolution that is increasingly being adopted in commercial disputes, both on a national and international level.

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SOCIAL MEDIATION Concepts of social mediation in the UK is understood in terms of mediation between family members, relatives and partners.

COMMUNITY MEDIATION Community mediation in the UK is akin to civil mediation and has been adopted in commercial law, and businesses are turning to this more and more in search for alternative, cost effective methods of resolving conflicts.

II—CONTEXT OF MEDIATION HISTORICAL AND SOCIOLOGICAL CONTEXT In Britain, mediation as a technique seems to be segmented into two markets, those who specialise in family mediation (social), and those that specialise in business type mediation (community). Each market segment is trained in a different fashion and accredited by different professional bodies.

Traditional methods of conflict resolution in the UK tends to focus around the courts and magistrates system. In recent years, mediation companies have been setting up, training, and providing mediation, as a timely, cost effective method of resolving conflict. While the field is in its infancy in the UK, the arbitrary structure of courses run by independent bodies give rise to a set of practices that are not standardised, leading to differing courses, differing quality and differing methods.

UK Mediation was formed in 1 999 as an organisation dedicated to the use and promotion of mediation and mediation training: to provide highly trained mediators in situations of conflict where rapid and informal resolution is desired.

CEDR Solve has been a provider of high quality dispute resolution solutions to businesses, private clients, the public sector and their legal representatives since 1 990. From their offices in London, Dublin, Doha and Hong Kong, CEDR Solve assist with the resolution of disputes and deadlocked negotiations of all shapes and sizes around the world.

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Mediation In the UK

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FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

TCM was founded in 2001 and they have grown rapidly over the past few years. With an expert team; extensive experience; unrivalled depth of knowledge; and many, many years perfecting their mediation skills—it is no surprise that they are widely regarded as the UK's foremost provider of business, employment and workplace mediation services.

The Chartered Institute of Arbitrators (CIArb) is a not-for-profit, UK registered charity working in the public interest through an international network of branches. It has a global membership of around 1 2,500 individuals who have professional training or experience in alternative dispute resolution (ADR).

Many other bodies and training institutions have been formed since, particularly in the last 1 0 years, usually being accredited by one umbrella accreditation body or the other with 25% of mediation sessions or cases carried out pertained to court connected mediation sessions or employer related mediation. This reflects the general consensus that mediation is something which is employed in business based conflict resolution.

SOCIAL AND COMMUNITY MEDIATION

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Much like mediation in the traditional sense, mediation in family matters is something, which has only been adopted in recent years. The government’s direct.gov (Ref: Direct Gov - Family Mediation) website notes that to become a social or family mediator, one should have experience with numerous client groups, and have experience of working with family and/or children. Formal qualifications are also needed to act as a fully qualified family mediator, one must complete training through one of the Family Mediation Council’s partners: National Family Mediation, Family Mediators Association, ADR Group, College of Mediators, Resolution or the Law Society.

The Family Mediation Council was established in October 2007 and works for greater public awareness of and access to family mediation. It works closely with the Legal Services Commission and Ministry of Justice on family mediation related projects. The Family Mediation Council acts as a common platform for family mediation's national organisations to negotiate with government and other interests. It also works to ensure that information regarding mediation is collated and made more readily available. (http://www.familymediationcouncil.org.uk) The College of Mediators (originally known as the UK College of Family Mediators)—established in 1 996—sets standards for mediation and maintains a register of mediator members who meet those standards; it works to promote best practice in mediation and to protect the public.

Focus Mediation was set up over twelve years ago in 1 999 when Focus Fa-

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mily Mediation was part of the Legal Services Commission’s pilot for mediation for separating and divorcing couples. Focus has gone from strength to strength—simply because they are specialist, expert and accredited mediators.

The Family Mediators Association was founded in 1 988 by a group of six family lawyers and family therapists in order to offer family mediation to private clients outside the court system. Prior to this, mediation had been available only in a limited number of circumstances to clients within the court systems.

The Law Society's family mediation accreditation scheme was first established in 2000. The scheme's aim is to help the public to identify family mediators who have been assessed for competence, and to promote to the public those mediators who have been accredited by the Law Society. The scheme is subject to independent quality assurance.

POLITICAL CONTEXT The British government, the Ministry of Justice and HM Courts and Tribunals Service actively promote the use of mediation, noting, ‘courts should be the last resort for people involved in civil or family disputes unless there are issues around urgency and safety, e.g. In relation to child abuse or domestic violence.’ Continuing they note that mediation can be used to resolve a whole range of everyday issues, including: housing issues, business disputes, small claims, debt claims, boundary disputes, employment disputes, contractual disputes, personal injury and negligence claims, and community disputes. Many of these disputes are still tried in court, even though HM Courts and Tribunals Service actively promote the use of mediation as an alternative dispute resolution method.

Some research and policy recommendations note of the usage of mandatory mediation prior to court appearance. Rather than the mandatory entry into mediation, it may prove more fruitful if HMCT were to liaise with the accrediting bodies and actively promote mediation as an effective alternative dispute resolution method.

See table in next pages.

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III—LEGISLATION

The following are some of the UK legislative Acts: link:Â http://www.legislation.gov.uk/all?title=arbitration

Years and Numbers

Title Arbitration (Scotland) Act 201 0

201 0 asp 1

Legislation type Acts of the Scottish Parliament

Arbitration Act 1 996

1 996 c. 23

UK Public General Acts

Consumer Arbitration Agreements Act 1 968

1 988 c. 21

UK Public General Acts

Arbitration Act 1 979 (repealed 31 .1 .1 997)

1 979 c. 42

UK Public General Acts

Arbitration Act 1 975

1 975 c. 3

UK Public General Acts

Arbitration (International Investment Disputes) Act

1 966 c. 41

UK Public General Acts

1 950 c. 27

UK Public General Acts

1 947 No. 221 7

UK Statutory Rules and

(repealed 31 .1 .1 997)

1 966 Arbitration Act 1 950 The British Transport Arbitration

Tribunal Rules 1 947

Orders Arbitration (Scotland) Act 1 894 (repealed)

1 894 c. 1 3

UK Public General Acts

Board of Trade Arbitrations. &c. Act 1 874

1 874 c. 40

UK Public General Acts

The Public Bodies (Abolition of the Aircraft and

201 3 No. 686

UK Statutory Instruments

201 2 No. 302

Northern Ireland Statutory

Shipbuilding Industries Arbitration Tribunal) Order 201 3 The Labour Relations Agency Arbitration Scheme (Jurisdiction) Order (Northern Ireland) 201 2 The Labour Relations Agency Arbitration Scheme Order

Rules 201 2 No. 301

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The Arbitration (Scotland) Act 201 0 (Consequential Amendments) Order 201 0

Northern Ireland Statutory Rules

(Northern Ireland) 201 2 201 0 No. 220

Scottish Statutory Instruments

The Arbitration (Scotland) Act 201 0 (Commencement

201 0 No. 1 95 (C. 1 0)

No. 1 and Transitional Provisions) Order 201 0 The Labour Relations Agency (Flexible Working)

Instruments 2006 No. 206

Arbitration Scheme Order (Northern Ireland) 2006 Unfair Arbitration Agreements (Specified Amount)

Northern Ireland Statutory Rules

2005 No. 21 9

Order (Northern Ireland) 2005 The ACAS (Flexible Working) Arbitration Scheme (Great

Scottish Statutory

Northern Ireland Statutory Rules

2004 No. 2333

UK Statutory Instruments

2004 No. 753

UK Statutory Instruments

2003 No. 694

UK Statutory Instruments

2002 No. 1 20

Northern Ireland Statutory

Britain) Order 2004 The ACAS Arbitration Scheme (Great Britain) Order 2004 The ACAS (Flexible Working) Arbitration Scheme (England and Wales) Order 2003 Labour Relations Agency Arbitration Scheme Order (Northern Ireland) 2002 The ACAS Arbitration Scheme (England and Wales)

Rules 2001 No. 1 1 85

UK Statutory Instruments

1 999 No. 21 67

UK Statutory Instruments

1 999 No. 1 01 0

UK Statutory Instruments

1 996 No. 321 5 (L. 1 6)

UK Statutory Instruments

1 996 No. 321 1

UK Statutory Instruments

1 996 No. 31 46 (C. 96)

UK Statutory Instruments

Order 2001 The Unfair Arbitration Agreements (Specified Amount) Order 1 999 The High Court and County Courts (Allocation of Arbitration Proceedings) (Amendment) Order 1 999 The High Court and County Courts (Allocation of Arbitration Proceedings) Order 1 996 The Unfair Arbitration Agreements (Specified Amount)

The Arbitration Act 1 996 (Commencement No. 1 ) Order 1 996

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Order 1 996

Unfair Arbitration Agreements (Specified Amount)

1 996 No. 598

Order (Northern Ireland) 1 996 The Coal Mining Subsidence (Arbitration Schemes)

Northern Ireland Statutory Rules

1 994 No. 2566

UK Statutory Instruments

The Arbitration (Foreign Awards) Order 1 993

1 993 No. 1 256

UK Statutory Instruments

Act of Sederunt (Proceedings in the Sheriff Court

1 991 No. 221 4 (S. 1 83)

UK Statutory Instruments

1 991 No. 221 3 (S. 1 82)

UK Statutory Instruments

1 991 No. 1 959

UK Statutory Instruments

1 990 No. 1 472

UK Statutory Instruments

The Arbitration (Foreign Awards) Order 1 989

1 989 No. 1 348

UK Statutory Instruments

Act of Sederunt (Consumer Arbitration Agreements)

1 989 No. 80 (S. 1 1 )

UK Statutory Instruments

1 988 No. 2291

UK Statutory Instruments

1 988 No 1 598

UK Statutory Instruments

1 988 No. 1 089

UK Statutory Instruments

Regulations 1 994

under the Model Law on International Commercial Arbitration) 1 991 Act of Sederunt (Rules of the Court of Session Amendment No. 9) (International Commercial Arbitration) 1 991 The Pilotage Act 1 987 (Cessation of Temporary Arbitration Procedure) Order and Regulations 1 991 The Agricultural Holdings (Form of Award in Arbitration Proceedings) Order 1 990

1 989 The Consumer Arbitration Agreements Act 1 988 (Appointed Day No. 2) Order 1 988 The Consumer Arbitration Agreements Act 1 988 (Appointed Day No. 1 ) Order 1 988 The Terms of Employment of Pilots (Arbitration) Regulations 1 988

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The Arbitration (Foreign Awards) Order 1 987

1 987 No. 1 029

Agricultural Holdings (Arbitration on Notices) Order

1 987 No. 71 0

UK Statutory Instruments 1 987

UK Statutory Instruments

The Arbitration (Foreign Awards) Order 1 984

1 984 No. 1 1 68

UK Statutory Instruments

The Arbitration (International Investment Disputes)

1 979 No. 572

UK Statutory Instruments

1 977 No. 1 022

UK Statutory Instruments

1 968 No. 1 1 99

UK Statutory Instruments

1 967 No. 585

UK Statutory Instruments

1 967 No. 249

UK Statutory Instruments

1 967 No. 1 59

UK Statutory Instruments

1 966 No. 1 597

UK Statutory Instruments

(Jersey) Order 1 979 The Aircraft and Shipbuilding Industries Arbitration Tribunal Rules 1 977 The Arbitration (International Investment Disputes) (Guernsey) Order 1 968 The Arbitration (International Investment Disputes) Act 1 966 (Application to Tonga) Order 1 967 The Arbitration (International Investment Disputes) Act 1 966 (Application to colonies etc.) (Amendment) Order 1 967 The Arbitration (International Investment Disputes) Act 1 966 (Application to Colonies etc.) Order 1 967 The Arbitration (International Investment Disputes) Act 1 966 (Commencement) Order 1 966

IV—MEDIATION FIELDS

V—MEDIATION PROCEDURES Threads of new approaches are gradually woven into mediation that recognises and empowers parties in the broadest possible way. Certainly, aspects of this method are incorporated into traditional mediation techniques, but while those tradi-

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• Family mediation (Accredited by(the) Family Mediation Council) • Civil Mediation (Accredited by the Civil Mediation Council) • General Business Mediation (Not usually accredited, but by individual companies/training org.)

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tional methods have elements of direction, judgment, evaluation and opinion, new approaches to mediation eschews these approaches, embracing instead the parties' ability to control the process and exchange views with each other. Where problemsolving and reaching settlement is the primary goal of directive mediation, building relationships and mutual understanding is always the goal.

THE TOOLS What follows is a crib sheet, however, on a cautionary note: Mediation is an art, not a rote exercise. These tools are suggested only to assist and not to replace a mediator's technique, skill, experience, perception, and most of all humanity.

1 . Transformative style: Listen, support, encourage, explore, invite, follow, open, welcome (not pushing, telling, controlling).

2. Listen, listen, listen.

3. Don't make suggestions, express wants or needs. Don't be evaluative, judgmental, directive, or make recommendations.

4. Ask questions. Be in the moment. Listen. Look for clues. Rephrase.

5. Follow, don't lead. Go where parties want to go, when they want to go there.

6. Don't interrupt.

7. Restate what the parties want to do, or want you to do.

8. Paraphrase; summarize; open-ended questions (not yes or no).

9. Is this the direction you are going….?

1 0. It sounds like you are saying…?

1 1 . Is that what it would take…?

1 2. That's something we can talk about.

1 3. ….would that assist you?

1 4. It sounds like you're saying xyz and[the other party] may not be thinking that way.

1 5. Where do you want to go?

1 6. Is this the way you'd like to work together in the future?

1 7. Is there anything that might make you more comfortable?

1 8. When a question is raised, focus on it.

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VI—THE ROLE OF THE MEDIATOR Civil Mediation Council (CMC) define the role of the mediator as: “............ to help parties reach a solution to their problem and to arrive at an outcome that

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both parties are happy to accept". Mediators avoid taking sides, making judgments or giving guidance. They are simply responsible for developing effective communications and building consensus between the parties. The focus of a mediation meeting is to reach a common sense settlement agreeable to both parties in a case.” (http://www.civilmediation.org/about-mediation/29/what-is-mediation-) The Scottish Mediation Network define this as: “........ a practical alternative to going to court or to a tribunal”. It involves an independent third party, the mediator, who helps people to agree a solution when there is a disagreement. The mediator helps parties work out what their issues and options are, then use those options to work out an agreement. (http://www.scottishmediation.org.uk/about/what-is-mediation)

VII—TRAINING PROFILE OF MEDIATION There are many different avenues to completing training, and in getting an accreditation of mediation. Anyone can set up, design, and run a mediation course.

One would normally look for accreditation by the CMC (Civil Mediation Council), or

by FMC (Family Mediation Council.) One constituent of the Family Mediation Council, The College of Mediator, courses are outsourced to external bodies, which the College of Mediators themselves accredit, which in turn, allows for one to be accredited by the College of Mediators.

WHO TRAINS MEDIATORS?

WHO IS RECOGNISED TO TRAIN MEDIATORS? There are many ways of training however, with courses being accredited by different bodies. Being a ‘family mediator’ does require one to usually partake in a course through a constituent of the Family Mediation Council, and practicing as a civil

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Companies and charities are free to train mediators as they see fit, it may be possible to train under an accredited course, and have accreditation with an affiliated body, (civil—CMC, family—FMC). However, the quality of courses range as a result, but do reach a benchmark if accredited. When it comes to family mediation in particular, as above, the members of the Family Medication Council, who show the best quality in practice and training, are seen as the pinnacle of best practice. Accreditation by this body seems to be a prerequisite to practicing as a ‘family mediator’ in the UK, and likewise for those who practice civil mediation, registering with the CMC.

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FEATURES OF SOCIAL AND COMMUNITY MEDIATION IN EUROPE. DIVERSITY IN SIMILARITY

mediator usually requires an individual to train under a CMC company that offers courses. Some bodies (The Law Society) allows you to become a registered mediator if you meet their criteria, usually already being employed in a legal profession for example.

ADR Group CEDR The Family Mediators Association College of Mediators Resolution offers mediation services only.

Law society does not offer training courses, but allows people to register as accredited mediators.

The CMC registered member list contains a list of suitable qualified members that can offer mediation services in the workplace and employment. Members are from a plethora of backgrounds, with accreditation being given by the CMC. Member’s backgrounds can range from paramedics, to paralegals.

WHAT ARE THE MAIN CONTENTS OF MEDIATION TRAINING?

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Training with the ADRg’s Commercial Mediation Programme includes: a distance learning format and can be worked th(r)ough entirely at leisure time with no time lost from an normal working day. This initial phase gives you an insight into the history and theory of mediation. The programme takes you through specific tutorials and case studies together with six exercises which must be submitted to ADRg prior to attending a Module.

Upon successful completion of Module I delegates can attend one of ADR Group's practical training courses which are held in various locations around the UK. This intensive module involves tutoring in mediation's core competencies; planning & organisation, process management, communication skills, facilitation and problem solving. Delegates will be involved in role-playing mediation sessions, group discussions and practical exercises in order to practice the skills being learned.

Training with the CEDR Mediator Skills Training Course includes: “Days 1 and 2 By alternating the methods of demonstration and practice they take delegates through the phases of mediation training from the first day of the course. Skills and process are explored and tried in practical exercises. Case studies, based on actual mediations, are used throughout and participants will experience the

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role of mediator, adviser and mediation party.

Day 3 This is a 'practice day' of shared learning in preparation for the assessed days. During the day each participant will experience the role of Mediator, Party and their Advisor. There is a coach with each group in every session, throughout the day providing guidance and input as the role play progresses. The whole day is devoted to a single detailed case study and participants practice the skills at each stage of a mediation. The training faculty coach small groups of participants through the case study and provide personal feedback to the Mediator of that session. The mediation sessions are interspersed with group discussions covering the key issues faced by the mediator. This is done in order to focus on what is going well for the Mediator and what areas are to be developed in preparation of the assessment days.

Days 4 and 5 (assessed days) Each participant mediates one simulated case on each day. A faculty member observes each session and assesses performance against a set of competencies. Individual feedback, group learning and discussion continue alongside this assessment.”

Training with the Family Mediators Association comprises of: • The first step in training as a family mediator is to complete a foundation training programme. FMA currently offers this programme in a standard 8 day format.

The College of Mediators accreditation method: • The College of Mediators sets training and practice standards for mediators providing mediation in a wide range of situations including, community and neighbourhood issues, workplace issues, family mediation and others. The • • College does not provide training itself but acts as an independent assessor of training provision; offering recognition to training organisations that provide courses which meet the College's training standards. Each course will naturally differ.”

• As training is completed at one’s chosen college, then one can apply to be a member of the College of Mediators, practicing under their name and accreditation, which allows one to consequently practice as a family mediation council mediator.

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• Successful completion of this programme will include being assessed as competent by two experienced and qualified trainers and individuals receive a recognised qualification in Family Mediation. You will then immediately be able to start work as a mediator with privately paying clients and also to consider aiming for legal services commission competence as a recognised mediator able to conduct publicly funded mediations with an LSC contracted family mediation supplier.”

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UK Mediation’s method of accreditation: A highly participative course, that supports individuals to become a confident and competent mediator by using group discussions, relevant case studies, and dispute simulations, to develop their knowledge and understanding of the following key topics: • The step-by-step mediation process.

• Different people’s responses to conflict: how and why disputes occur?

• Encouraging people to participate in mediation.

• How to initiate, manage and conclude the mediation process.

• How and why mediation works.

• How to ensure that mediation is safe, constructive and effective.

Again to note Both the Law society and UK mediation do not train, but rather accredit people based on personal experience and merit.

STATISTICS

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CEDR Solve mediation statistics 2004: (http://www.cedr.com/articles/?item=CEDR-Solve-mediation-statistics-2004) CEDR Solve's caseload for 2004 increased by 8 per cent to a total of 693 cases compared to 642 in 2003. This increase was primarily attributable to growth in court and sector-specific schemes. A record 502 law firms used CEDR Solve for dispute interventions in 2004. Two-party, one-day mediations are still the most common form of commercial mediation, although 1 1 per cent of CEDR Solve's caseload involved three or more parties.

51 per cent of parties came from outside London, although London retains its position as the most favoured location for mediation, with 61 per cent taking place there last year. 1 1 per cent of cases involved one or more international parties, which is almost twice last year's level.

Activity on court-annexed schemes rose by 42 per cent, with particular growth in the Central London County Court and in the Court of Appeal Mediation Scheme which is administered by CEDR Solve. Newly introduced sector schemes such as the CEDR Solve Personal Injury Mediation Scheme and a pilot scheme for cases under £50,000 each recorded their first successful cases whilst the more established NCVO/CEDR Solve scheme for the voluntary sector achieved growth of 46 per cent alongside a settlement rate of over 80 per cent.

81 per cent of cases came to mediation through mutual agreement between

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the parties. This is an increase on last year's (74 per cent), suggesting that more and more organisations are coming to the mediation table with no direct intervention needed from the courts.

BBC News Article on Mediation and Divorcing Couples. (http://www.bbc.co.uk/news/uk-1 2548506). “The ministry said 1 37,000 divorce cases were dealt with in 2009, up by 1 6%. The cost per client of mediation is £535, compared with £2,823 for court costs and the National Audit Office also found mediation was quicker—1 1 0 days, compared with 435 days for court cases.”

Ministry of Justice Paper. (Quartermain, 201 1 ) There were 1 37,440 cases of publicly funded mediation in the UK between 2004 and 201 0. Of these, 85,809, or 62% came to a full agreement, 4,898 or 4%, came to a partial agreement, while the remaining 34% broke down with no agreement.

In comparison, 1 54, 208, or 40% of publicly funded legal representation cases were settled in court, 39% determined by the court, and 31 % withdrew their case. There are clearly higher success rates with mediation in comparison to those fought in court.

It does not note however, what the nature of these cases were, and they were all publicly funded cases, void of those privately funded.

CEDR, 2008, using their population and collected data, indicates that 75% of cases are settled in mediation, and 1 3% settled thereafter. It was also noted that there was at least 60% rate of ad-hoc mediation, with a projected number of mediation cases being between 3,400 and 3,700. CEDR attributes these yearly growing figures on increased communication with the courts system.

Aliment, R. J. (2009). Alternative Dispute Resolution in International Business Transactions. Brief, 38(4), 1 2-23.

Allen, H., (201 2), Becoming an excellent mediator: When facing opposite choices, it’s all a question of balance. Retrieved from http://www.cedr.com/articles/?309 Allen, T., (201 2), Should mediators (and mediation) be trusted? Retrieved from http:// www.cedr.com/articles/?304 Baksi, C., (201 2, October 25), Mediation is the future, falconet says, The law society gazettee. Retrieved from http://www.lawgazette.co.uk/news/mediation- future- falconer-says Brennan, L., (201 2), Arbitration system is not broke . Lawyer. Vol 26 (46), pp 9-1 0

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Reference Section

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Carrol, E., 201 0, Clients' needs are helping drive the mediation marke. Retrieved from http://www.cedr.com/?location=/library/articles/201 00422_279.htm at 21 /1 1 /201 2 at 1 1 :55 CEDR, (2008), Survey reveals attitudes toward mediation in the UK. Dispute resolution journal. Vol 63(1 ):1 0 Clark, B. (1 997). GETTING STARTED HASN'T BEEN EASY: SCOTLAND TRIES ADR. Dispute Resolution Journal, 52(3), 85-88.

Collins, D., (2008), Compulsory arbitration agreements in domestic and international consumer contracts. Kings law journal. Vol XX, pp 335-355 Davies, C. M., (2008), Adjudication outside construction, adjudication for consumer disputes. Journal of professional issues in engineering education and practice. Vol 1 34(3), pp 302-305 Dennison, G., (201 0), Is mediation compatible with children’s rights?, Journal of social welfare and family law. Vol 32(2), pp 1 69-1 82.

Dingwell, R., (201 0), Divorce mediation: Should we change our mind?, Journal of social welfare and family law. Vol 32(2), pp 1 07-1 1 7 Genn, H., (201 0), Civil mediation: A measured approach. Journal of social welfare and family law. Vol 32(2), pp 1 95-205.

Gould, N., Linneman, C., (2008), Ten years on: Review of adjudication in the United Kingdom. Journal of professional issues in engineering education and practice.

Vol 1 34(3) pp 298-301 Latreille, P. L., Buscha, F., Conte, A., (201 2), Are you experienced? SME use of and attitudes towards workplace mediation, The international hournal of human resource management. Vol 23(3) pp 590-606 Mackie, K., 2009, The Cost Crisis – Mediation as a solution? CEDR’s submission to the Jackson Inquiry into legal costs. Retrieved from http://www.cedr.com/ location=/library/articles/20091 221 _273.htm on 21 /1 1 /201 2 at 1 4:52 Mitchell, R. SW., (2009), Cultural sensitivities in international construction arbitration. JAMS global engineering and construction group.

Nias, P., (201 2), Mediation makes ground in resolving disputes. International tax review. Vol 23(1 ) pp 1 6-1 6 Ridley-Duff, R., Bennett, A., (201 1 ), Toward mediation: Developing a theoretical framework to understand alternative dispute resolution. Industrial relations journal. Vol 42(2), pp. 1 06-1 23 Ramsey, V., (201 2), Experts Warn Against Mandatory Mediation at CIArb Mediation Symposium. (201 2). Business Law Review, Vol 33(5), pp 1 26-1 27 Roberts, M. (2005), Family mediation: The development of regulatory framework in the United

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Kingdom. Conflict resolution quarterly. Vol 22(4), pp 509-526 Shepard, N., (201 2), Spread the word about mediation. Lawyer, vol 26(37),

Quartermain, S., (201 1 ), Sustainability of mediation and legal representation in private family law cases: An analysis of legal aid administrative datasets.

Urwin, P., Latreille, P. L., & Karuk, V., (201 2), Quantitative evidenve in the evaluation of ADR: The case of judicial mediation in UK employment tribunals. The international journal of human resource management. Vol 23(3), pp 567-589 Willis, A. M. D., (2001 ), Alternative dispute resolution in the UK: Reflections on mediation in the mainstream benefits to consumers and practitioners. Hume papers on public policy. Vol7(1 ), pp52-59

Links Direct Gov - Family Mediation https://nationalcareersservice.direct.gov.uk/advice/planning/jobprofiles/Pages/familymediator.aspx

Useful Sites

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www.familymediationcouncil.org.uk http://www.nfm.org.uk http://www.adrgroup.co.uk/ http://www.collegeofmediators.co.uk http://www.resolution.org.ku http://www.cedr.com http://www.ukmediation.net http://www.civilmediation.org/

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CASE STUDY 18—COMMUNITY MEDIATION BY BCMS IN THE UK

Mercy Maclean

mercy.maclean@hp-mos.org.uk

About BCMS BCMS is a registered charity providing mediation services for the resolution of neighbour disputes, family differences and community conflict. The organisation also provide facilitation services for groups of people that need help in dealing with issues involving alienation or conflict within their local community or family circle.

BCMS has been working in the London Boroughs of Bromley, Bexley and Greenwich, for over 1 5 years. Our mediators work in pairs so that experienced Lead Mediators assist our Co-Mediators to develop and extend their pracntical mediation experience.

Neighbour and community conflict can be extremely debilitating for those affected.

Un-resolved conflict can lead to risk of ill-health, physical harm, and possibly to intervention by the legal and criminal justice system. The cost of unresolved neighbour, family and community disputes can be very high in both human and financial terms.

The following is an actual case from the files of BCMS. The names and some details have been changed to maintain confidentiality but the actual issues are real.

The Davis and Ishmar case—referred on the 23rd January 2007 by Megan Williams, Housing Officer, Clipper Housing Association.

Mediators: Chris Brightman and Jane Stevens.

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Case information and notes Mrs Davis and Mr Ishmar live next door to one another in terraced style Local Authority housing in the Orpington area of Bromley. There has been long standing ill feeling between both parties which started a couple of years ago when Mrs Davis'

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son, Cliff, who was 1 3 years old at the time allegedly burgled Mr Ishmar’s house for a dare and stole a bottle of orange. Mr Ishmar has told Mrs Davis that in his country a fitting punishment would be for the boy to be beaten in front of the victim, she has tried telling him that that is not the way things are done in this country (UK). Mediators were able to establish that; The allegation of the burglary was unfounded there was no police involvement. It was later discovered that on the day in question the boy had been away at his Aunt’s in Broadstairs and not return until the weekend after the event.

The mediators addressed the allegations from both parties about noise being made at unreasonable hours; The noise issue came down to a washing machine in Mrs Davis’ kitchen which appeared to be out of balance and therefore vibrating and causing noise—She has agreed to have this sorted out. Mr Ishmar sometimes had his TV on quite loud to cover the noise.

Car parking issues were raised by both parties; Spaces on the allocated parking area for the homes are not marked so it was agreed in the end that being courteous about parking would go a long way to resolving the problem.

Mrs Davis had alleged that her son had been assaulted possibly at the instigation of Mr Ishmar. After some discussion mediators established that Cliff had admitted to his mother that it was some local lads who had hit him and that he wanted his mum to think that it was someone older so he said it was Mr Ishmar who was involved. He has since apologised to Mr Ishmar.

Mrs Davis feels that if she could continue to discuss things with Mr Ishmar, neighbour relations would improve greatly. Mr Ishmar agreed to talk about any future issues with Mrs Davis.

Case closed on the 27th February 2008. (Source: Information taken from Organisation's website)

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CASE STUDY 19—SOCIAL MEDIATION—NEIGHBOURHOOD DISPUTE OVER NOISE LEVELS BY UK MEDIATION Mercy Maclean

mercy.maclean@hp-mos.org.uk

About UKmediation

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UK Mediation was formed in 1 999 as an organisation dedicated to the use and promotion of mediation and mediation training. The organisation is highly experienced as mediators and educators. We think it would be a good idea if everyone used mediation more, and the way we try and make that happen is: • to provide highly trained mediators in situations of conflict where rapid and informal resolution in desired • to provide high quality, nationally accredited mediation training courses to individuals and organisations wishing to practise as mediators • to develop a unique range of conflict resolution and mediation services to respond to the changing needs of individuals and organisations throughout the UK and beyond. We are members of the Civil Mediation Council, as well as being providers to the National Mediator's Provider Association. We provide extremely high quality mediation training, and with a culture of continuous improvement, and adhering to the Investors in People standards, this training continues to be unrivalled throughout the UK. The team at UK Mediation come from backgrounds including higher education, law, counselling, coaching, and HR, while our panel of mediators is drawn from an even wider variety of places: civil engineering, housing, teaching, equality & diversity, and many more.

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1 0 June 201 3 Time from mediation to result: One day mediation session.

Background: Bill has lived with his wife in the same house for the past 24 years. He is a respected member of the community, but has been having problems with a noisy neighbour who has recently moved in next door. As the new term started at University, Jeremy has moved in next door to Bill and their lifestyles seem to clash, resulting in conflict.

The challenge: Unfortunately Bill and Jeremy have never been on speaking terms, due to their differences in lifestyle. The challenge was therefore to get these two individuals speaking about issues that upset them.

Objectives: • Get Bill and Jeremy to talk about how the other person’s behaviour annoys them • Ensure a fair mediation process • Raise the key issues surrounding the conflict • Reach a workable agreement to suit both parties Reason for conflict: Bill’s position: Having lived in the neighbourhood for many years, Bill saw himself as a valued member of the community and was a firm believer in the Neighbourhood Watch Scheme. Over the past 24 years of living on the same street, Bill has never had any trouble until Jeremy moved in next door.

Bill was annoyed at Jeremy for play music too loud late at night. This would keep him awake until the early hours and meant that he was not as productive as usual during the working day. Jeremy would also come back from socialising on nights out as late as 4am, which woke Bill up and added to his misery. Bill thinks that Jeremy is becoming a “neighbour from hell.”

Jeremy’s position: After starting his second year at University, Jeremy decided to move into a rented house with a couple of friends. As a twenty something year old, he enjoys life to the full and often stays out late at parties, returned in the early hours of the morning. He cannot see a problem with this as many of his friends do the same activities and have had no complaints in the past.

After a while Bill began to deliberately wake Jeremy in the mornings and would turn the television on loud when getting ready for work at 6am. Jeremy began to get annoyed with Bill bothering him about the noise, but did not want to keep persistently upsetting him, so was prepared to talk things through in a civilised way, rather

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Type of dispute: Neighbourhood dispute over noise levels

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than have Bill call the police, which became a common occurrence.

Why mediation? Due to the age gaps between these two individuals, it is apparent that both enjoy life in very different ways. When Bill called the police they suggested that mediation was an alternative option to solve the problem once and for all.

Agreement and settlement: After both neighbours were given the opportunity to express their opinions individually to a mediator, both Jeremy and Bill agreed to make small changes in order to get along. Bill understood that Jeremy was trying to fit in with new friends and living away from home for the first time was a difficult process.

Bill then agreed to stop bothering him about the noise level and coming home late, provided that he was not kept awake all night. Jeremy could see how a small action of playing music loudly had a large impact on Bill’s life and agreed to play it at a reasonable level and at sensible times of the day. He also agreed not make lots of noise when coming back from bars and clubs during the early hours. (Please note that the identities of the disputing individuals have been altered, due to the confidentiality element mediation carries.)(Source: Information taken from Organisation's website)

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3. CONCEPTUAL ROADMAPPING OF SOCIAL AND COMMUNITY MEDIATION Helena Neves Almeida

In the last decade the study and practice of mediation has extended to various fields, and revealed different profiles, demanded complex professional skills and renewed action strategies. In line with the concerns and the guidelines of the European Union, we witnessed the confirmation of the value of mediation as an alternative means of resolving conflicts, whose goals and processes are as diverse as the focus areas.

The reasons for this renewed interest and social, political, educational and cultural spotlight are mainly associated with the complexity of today's problems, and further with individual and social expectations, policies and intervention processes.

The deepening of the democratic system, economic globalization and the development of information and communication technologies have given a new impetus to social dynamics, with special emphasis on the transformation of relationships between citizens and between citizens, services and businesses.

One of the questions that guided the research component of this project was the need to understand which conceptions of mediation operate in the different countries that make up the partnership in order to, in this context of diversity, build a conceptual map that mirrors the complexity of social and community mediation.

The results point to complex concepts based on three reference axes (Figure 1 ): Fundamental Elements of Structure, Analytical Contexts and Mediation Profiles.: A—The use of the concept of Social and Community Mediation requires the recognition of seven basic structures:

• Presence or prediction of conflict with individual, family or societal impact. The problem dimension is always associated and it is what mobilizes the demand or supply of mediation;

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This is a process of voluntary compliance; It involves the intervention of at least one mediator, considered the third person in the process of building alternatives to conflict through the implementation of a “win-win” relational logic; Absence of decision-making power on the part of the mediator; Catalytic process of change: the co-construction of alternatives to conflict is developed through participatory processes, which contribute to autonomy and citizenship.

Without communication there is no mediation. Communication is not limited to the domain of theoretical and technical knowledge, it implies practical and relational maturity.

Ethics of mediation. SCM is based on principles and values, of which we emphasize neutrality and axiological impartiality, accountability, confidentiality and independence/autonomy.

B—Context is a differentiating factor in the mediation process. Therefore, it calls for the development of an analytical logic of the environmental factors.

Analysis of the conditions for developing mediation: The relationship between Conflict, Problem and Demand has to be seen at three levels: At a micro level • nature and type of conflict: What is the conflict?; • individual and family impact of the conflict and nature of the subsequent problem: what implications does the conflict have at an individual and family level?

• nature and type of individual and family demand: How does the demand arise? Who seeks the mediator’s intervention? Why do they seek the mediator?

At a meso level • perceptions of the conflict in family and social context: how is the conflict experienced and understood by individuals and families?

• perceptions of the problem in the family: How are the consequences of the conflict being experienced at a family, school and local level?

• nature and type of professional and organisational help implied in the mediator’s intervention: Does the seeking of mediation result from a professional or institutional intervention?

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At a macro level • conflict dynamics in the political and cultural context: How did the conflict arise and develop in the community context?

• community impact of the problem(s) associated with the conflict: What is the political and cultural impact of the problem resulting from the conflict?

How does the conflict affect the community’s life? What are the community’s constraints and potentialities for the transformation necessary for the resolution of the conflict?

• Nature and type of community and political demand: What is the implication of the political powers and community authorities in the demand process?

What do they expect from mediation? How important is it to them? To what extent can the demand become an action for the construction of social alternatives?

C—Another aspect to take into account in the conceptualisation of social and community mediation is the possibility of combining different mediation profiles, guided by different objectives and purposes.

In a community context, mediation may present 3 profiles: • Alternative Resolution of Conflicts: a kind of assisted negotiation, used in small interpersonal conflicts, namely in the scope of family mediation and management of cases of social vulnerability; Its goal and purposes are expressed in reaching an agreement in order to prevent or stop a conflict.

• Social Regulation Mode: In addition to establishing an agreement, there is the concern with the development of a reinforcement strategy for social cohesion, not limiting the demand for a solution to the conflict or its prevention, but rather combining efforts for the (re)establishment of social bounds in situations of social vulnerability and exclusion. Family mediation in all the countries studied and the experience of the night mediators in France fall under this type of approach.

• Model of Integrated Social Intervention: In this perspective, the intention to socially transform the context and to promote social change is combined with an agreement and social regulation and cohesion. This mediation viewpoint comprises the concern with the prevention of the increase of conflict (prevention), (re)establishing social ties and a logic of social transformation through the development of proximity processes based on the active participation of citizens and individual and societal empowerment. This logic of transformation that crosses mediation as a Model for Integrated Social Intervention denies the deficit model and

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invests in the co-construction of social alternatives and opportunity structures, through the articulation of efforts from stakeholders, citizens and political elites. Peer mediation in local communities and schools, as well as mediation of a more political nature in situations of possible or existing social conflict is a good example of this approach.

The study undertaken highlights complementary relationships, such as: a) The importance of the context in understanding the diversity of theoretical and experiential profiles in the countries that comprise it, but, at the same time, the fact that the diversity of practices is an analytical reference of the difference in context; b) The existence of more common domains for the development of mediation (family mediation, consumption mediation, restorative mediation) associated with societal changes in contemporary societies, not forgetting the development of differentiated experiences which respond to the particularity of social relationships (political mediation, mediation in specific contexts, such as the rehabilitation of people with addictive behaviours and addictions, night mediation); c) The existence of broad lines for mediation (fundamental structures) which constitute per se the mirror of their specificity in relation to other types of intervention; d) The vital importance that a knowledge of the conflict and communication have in the process, not forgetting the dimension of the impact of the conflict on the lives of people and communities and, therefore, the problem dimension and nature of the demand associated with it; e) The importance of both the change of attitude towards conflict, regardless of its nature and also the proactivity from the parties (stakeholders, politicians, professionals and citizen mediators) in the co-construction of alternatives. f) The objective and subjective nature of the conflict-problem-context relationship and its extension in participation processes; g) The relationship between control and transformation (individual and societal) as a differentiating matrix of the mediation profiles developed.

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II.

Training Courses: The project ABSCM in action

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1. MEDIATION AND SOCIAL WORK: INTRODUCTION —TOOLS—PRACTICES Karine Darbellay Jorge Pinho

Structure The course dynamics are based on the alternation between theory and practices. The teachers, involved in the training, have two profiles: one is specialized in mediation theory and the other two are social workers and trainers in social work.

The principle of this collaboration is to build bridges between mediation as a theory and as a practice and also the implementation of the mediation in the daily practice of social work.

The structure of the course is based on pedagogical boxes that work on the same mode. Each box contains one theoretical concept as definition, roles of actors, values of mediation, etc. (see “content”). The way to introduce the theoretical concept consists in presentation of the different perspectives of authors in order to show consensus, tensions and disagreements about the concept. The goal is to encourage the reflexivity of the students. Then the latters have to think about implementation of this concept in their practices as young social workers: is the theme of theoretical presentation a reflection known in their field and practices? Which are the debates about this concept in their field? How they act?

The second part of the course uses role playing in order to put in practice mediation as a tool. The pedagogical principle is based on “trial and error” approach.

The first role playing is proposed without protocol. Three students (one mediator, two participants and two observers) try to put in practice what they learned in the theory. For example, the scenario of the role-playing is built in a way that the indepen dence of mediator is questioned. The role-playing is followed by a discussion where students tell their difficulties (for the three actors) and their perception of difficulties (for observers and other students). By a co-construction discussion between students and teachers, some solutions are found to improve the process of mediation. At the end of the discussion, a starting protocol is built. The following role-playing adds gradually difficulties, and the co-construction of the protocol is being processed.

Content The content of the courses is divided in three parts: 1 . What is mediation? Origin, fields, role of mediator.

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To understand what is the contemporary sense of mediation, we present examples of some activities, named “mediation”, in the past, in other cultures to understand the difference with the recent way to define mediation with these following authors: Bonafé-Schmitt, 2008; Faget 201 2; Faget, 2005; Guillaume-Hofnung, 2009; Six, 2001 ; Texier, 201 0.

We present the different fields of mediation (for example family mediation, intercultural mediation, work mediation…) in a way to help students to perceive the differences and common points between these fields, particularly the roles of actors, the relation of power between participants and between participants and mediator, the objects of mediation and the mediation device.

2. Specificity of mediation in the field of social work.

We present two examples of social mediation that have connections with the social work. The first is the experience of restorative justice in France (Piganeau, 2001 ) and the other one is the research about the mediatize tasks of social work in Portugal (Almeida, 2001 ).

3. Mediation activities.

Students build a protocol of action through role-playing and with contributi ons of the following authors: Lascoux, 2001 ; Studer&Rosset, 201 3

Students For this course we had 20 third-year students of the Bachelor of Arts HESSO in Social work (see: http://social.hevs.ch ). As social workers, they must be capable of responding adequately to several challenges as (PEC 2006): individual resources development, social justice advocacy and the fight against exclusion, or the promotion of social participation and of active citizenship. Furthermore, social work actions usu ally are based on two distinct but complementary approaches: emancipation and compensation. So, social workers also have to manage with both approaches.

The course took place in the integration module (5 ECTS) that prepares stu dents for their last period of practical training (about 5 months—the last semester).

This module also built bridges between theory en practice (how the practice can be questioned by the theory and vice versa?).

Finally, in these perspectives—social workers challenges and links between theory and practice—mediation is a very useful resource!

Duration : 8 periods (8x45 min) Certification : Part of the integration module validation (5 ECTS).

2. SOCIAL AND COMMUNITY MEDIATION. A TRAINING PROPOSAL FOR MEDIATORS Jesús Hernández Aristu

MEDIATION IN COMMUNITY WORK Introduction When learning to accompany or facilitate processes of social mediation at community level, it is of utmost importance to acquire strategic and communicative skills. It is also necessary to have some basic knowledge of group dynamics and to master communication techniques for a one-to-one dialogue. This involves a coherent conception of the human being and society, a communicative attitude and avoidance of positions of power in the relation between mediators and clients.

Additionally, one should have a profound understanding of the dynamics of communities (however defined) in all their dimensions: individual and collective aspects, groups and associations, citizen participation, political and sociological aspects of living together in community etc.

All these aspects are taken into account in this training proposal for community mediators.

CONDITIONS -Necessary condition to participate in a training course: a university degree in psychology, social sciences, philosophy, law, economics …

HOURS - Contact hours: 48 hours - Individual work: 1 20 hours - Practical Training in mediation: 36 hours Total: 1 94 hours Important note:

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This proposal is only a guideline for each country to complete or to adapt to its own situation and context.

BRIEF OUTLINE OF A TRAINING PROGRAMME FOR PROFESSIONALS IN COMMUNITY MEDIATION—TOPICS TOPIC I.

INTRODUCTION: HISTORICAL AND SOCIOLOGICAL ASPECTS OF MEDIATION .

OBJECTIVES

• interpret the development of mediation throughout the history of mediation.

• raise awareness of the ambivalence of human being.

• understand the development of society and its needs.

CONTENTS

• Historical aspects: Throughout history humankind has solved conflicts not only by making war but also by negotiating e.g. The Greeks and Romans, mythology).The negotiators were prophets, heroes. Thus, the figure of the mediating agent was created. In the religious context: priests, in the civil context: diplomats.

• Sociological aspects. From a simple society to a complex and individualised society. (Luhmann/ Bauman)

METHODOLOGY

• Introduction of lecturers and students: getting to know each other.

• Plenary session: presentation of programme and methodology.

• Plenary session: lecture on historical and

TIME

sociological aspects

• Contact hours: 8 hours (Face-to-face, on-line, video conference + 20 hours personal reading of texts) = 1 ECTS

Materials/Bibliography (to be adapted by each country)

Luhmann, N. (1 991 ): Formen des Helfens in Wandel gesellschaftlicher Bedingungen. Luhmann: Soziologische Aufklärung. Texte zur Theorie der Gesellschaft. Vol.2 Westdeutscher Verlag. Opladen 1 34-1 49.

Bauman, Z (2007). Tiempos Líquidos. Vivir en una época de incertidumbre.

Tusquetseditores. Barcelona. Original: Liquid Times. Living in an Age of Uncertainity.

Giessen, Hans (201 3). Mediation as a traditional form of conflict-solving and living together in traditional societies. In: Social and community mediation in Europe.

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Experiences and models. Handbook: project 201 2-1 PT1 -GRU06-1 21 64- ABSCM .

Historical and sociological context of social and community mediation. In: Social and community mediation in Europe. Experiences and models.Handbook: project 201 2-1 PT1 -GRU06-1 21 64- ABSCM .

TOPIC II. MEDIATION IN COMMUNITY. CITIZENSHIP AND CITIZEN PARTICIPATION IN PUBLIC AFFAIRS

OBJECTIVES

• understand the development of the concept “Community in Europe”.

Participation and community. Participation, community and mediation.

• learn how to intervene with an attitude of respect, freedom, confidentiality and neutrality.

• know different types and fields of mediation.

• distinguish community mediation from other forms of mediation.

CONTENTS

• From community development (1 9th century) to citizen participation (21 st century). From class struggle (20th century) and vindictive attitude to the peaceful and negotiated settlement of conflicts.

• Social mediation as a technical answer to social conflicts. Concept and development of mediation in each country. Structures of mediation. Areas.

Principles of mediation.

METHODOLOGY

• Subgroups and plenary session: exchange of opinions about the assigned reading texts.

• Plenary session: Lecture about community development; Similarities and differences between different ways and conceptions of mediation; Ways of intervention.

• Discussion in subgroups

TIME

• 8 contact hours, 20 individual work.

Materials/ Bibliography ( to be adapted by each country)

Brake, R. /Deller U.(Hrsg) (2008): Community Development- A European Challenge. Barbara Budrich Verlag.S. 1 7-1 1 1 Hernández Aristu, J (2008) (Comp.) Trabajo Social Comunitario en la sociedad individualizada. Nau Llibres. Valencia Hernandez Aristu, J. (201 4) Participación Ciudadana y mediación: Una

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perspectiva comunitaria. Conference Escuela de Policia de España. Avila (manuscript) Michel Schaillée and Françoise Salesse.Text: Article sur la mediation et le paysagefrancaise (manuscript) Lopez Martín, R (2007) Múltiples caras de la mediación, y llegó para quedarse Salcedo, J./Hernández Aristu, J. Mediación en España, ámbitos y metodología. (Investigación en elaboración) TOPIC III. LEGISLATIVE FRAMEWORK OF MEDIATION .

OBJECTIVES

• know the legislative framework in the specific geographical context: EU, country, region according to the field of mediation and the social impact it has.

• know and

be able to work well with the legal and /or administrative structures

of mediation.

• understand the limits of the legislative framework and discover the fields of mediation beyond the legislative and administrative frameworks.

CONTENTS

• Reference to legislative framework of mediation according to the European Union: White Papers, national laws, regional laws etc. Areas, options and limits. In Spain e.g.: general State legislation, autonomous community legislation, municipal by-laws etc.

METHODOLOGY

• Role

play.

• Stage 1 . Presentation of a case in family, school… , of participation and

interculturality, a community conflict etc.

E.g. 2 children of lower secondary school had a quarrel. The conflict is discussed at school. The conflict leaks out to the neighbourhood. The police intervene. The children involved are a local teenager and an immigrant boy.

• Stage 2. Analysis of the case from a legal point of view • Stage 3. Role play: Meeting of representatives of the different institutions involved and the community mediator.

Follow up: Presentation of the legislative framework. Explanation of the laws involved.

TIME

• 8 contact hours + 20 personal reading of texts+ a practical exercise: elaboration of an intervention plan according to legislation, outlining an action plan and backing up intervention.

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Materials/Bibliography (to be adapted by each country)

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FEDER, FSE, URBAN, (agenda 21 etc.) and The White Paper on governance (1 1 October 2000 and on democracy 27 July 2001 ). The Budapest declaration. (2004) (LEY 5/201 2 DE 6 DE JULIO) in Spain .(Other laws depending on the country).

TOPIC IV. DIALOGUE AS THE FUNDAMENTAL BASIS FOR RELATIONS IN MEDIATION . A PHILOSOPHICAL REFLECTION AND INTRODUCTION TO COMMUNICATION BETWEEN HUMANS BEINGS.

OBJECTIVES

• discover the (unconscious) interconnection between beings: people, cosmos.

• discover the tendency of human beings towards unity with themselves, with others and with the universe.

• discover the power of dialogue as a tool in mediation processes between people and groups.

• discover the unconscious communication between people.

CONTENTS

• Dialogue as a basic principle in mediation. An anthropological approach: no intervention between parties can take place without a clear conception of the human being and society. It’s therefore necessary to acknowledge positions: human beings are characterised by four different relational dimensions: with themselves, with others, with the cosmos and with transcendence. [Me; Me—You; Me—You—Cosmos; Me—You—Cosmos—Values (transcendence)] .

Dialogue and democracy, responsibility and co-responsibility. Experience of the “inbetween”. The “in-between” as a holistic unity. From unconscious to conscious communication.

METHODOLOGY

• Plenary session: Presentation text about dialogue and co-responsibility.

• Pair work: Experience of the “in-between”: painting in silence following the description in the text by Jesús Hernández Aristu: “The management of interaction networks, the“in-between” concept in social work, counseling and mediation”.

Procedure of the method. (see bibliography).

• Plenary session: participants tell about their experience.

TIME

• 8 contact hours: presentation, experience and reflection on the interpersonal and cosmic connection. 20 hours: reading of texts.

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Materials/Bibliography (to be adapted by each country)

Jesús Hernández Aristu (2008): The Philosophy of Dialogue as the Holistic Ethical Foundation in Assistance Careers. En: Brake/Deller. CommunityDevelopmentA EuropeanChallenge. B. Budrich pp. 298-31 3).

Jesús Hernández Aristu: The management of interaction networks, the “inbetween” concept within social work and counseling and mediation.

Buber, M. (1 979) Das Dialogische Prinzip. (The Dialogic Principle).Lambert Schneider. Heidelberg Buber, M.(1 993): Yo y Tú.(I and Thou) Caparros Edit. Madrid

TOPIC V. THEORY AND PRACTICE OF COMMUNICATION IN THE AREA OF COMMUNITY MEDIATION .

OBJECTIVES

• understand the circular processes of communication.

• develop the sensitivity needed to handle communicative processes.

• discover the different levels of communication: conscious and unconscious communication. Verbal and non-verbal communication.

• learn to listen and distinguish various types of messages in interpersonal communication.

• learn to handle interpersonal communication in the area of community mediation.

CONTENTS

• “Understanding” as a communicative task. Unravelling the secrets of interpersonal communication. Dimensions of implication. The process of understanding. Obstacles and opportunities. (e.g. Not only listening to the other, but also listening to oneself is important.) Rules enhancing understanding in interpersonal communication.

METHODOLOGY

• Plenary session: Presentation of the theory of communication emphasizing the scheme of conscious-unconscious communication and the process of communication with its different messages.

• Practical communication exercises using techniques such as controlled verbalizations and paraphrasing, role plays etc.

• Plenary session: Students exchange experiences, observations etc.

TIME

• 1 6 contact hours / 40 hours reading of texts and practical exercises.

dialogue,

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Materials and Bibliography (to be adapted by each country)

Jesús Hernández Aristu: (1 991 ) Acción comunicativa e intervención social: Cap. III: La teoria de la comunicacion desde la perspectiva psicologica y sistémcia (pp.95--1 40) Jesús Hernández Aristu (201 0) Text: Introducción a la teoría y práctica de la comunicación: Aplicación a diversos ámbitos del asesoramiento social, de la educación social y del trabajo social y de la mediación.

Jesús Hernández Aristu (2009) Métodos y técnicas de intervención comunitaria. En Hernández Aristu, J. (comp.). Trabajo comunitario en la sociedad individualizada. NauLlibres. Valencia. pp.1 81 -223).

Schulz von Thun, F. (1 991 ) Miteinander reden. Störungen und Klärungen.

Allgemeine Psychologie der Kommunikation . Rororo.Rowolt. Reinbeck bei Hamburg.

Watzlawick, P. y otros (1 989) Teoría de la comunicación humana. Herder.

Barcelona TOPIC VI. SUPERVISED PRACTICAL TRAINING IN MEDIATION .

• Participants of the mediation course will do practical training in mediation under the supervision of a mediation supervisor. During their training the trainees participate in a mediation experience in an institution getting the opportunity to actively take part.

They should: a)

work out a project in mediation, in one of the areas of community mediation in a community

(content, sessions, time) together with the supervisor. b)

carry out the project

c)

evaluate the project: writing a short report as a reflection on the mediation sessions

• Hours: 36 hrs of training distributed in the following way: •Preparation: 1 0 hours, 5 sessions of mediation, max. 2 hours per session = 1 0 hours Elaboration of report: 1 0 hours •3 supervision sessions: 3 hours/individual, 6 hours/group

3. TRAINING COURSES ON INTERCULTURAL MEDIATION (ITALY) Fabrizio Boldrini; Maria Rita Bracchini; Virginia Marconi; Sara Alimenti; Maria Chiara Locchi; Valentina Raparelli; Grazia Paciullo

Training course title Understanding, analyzing and managing the intercultural relations system

Duration 60 hours (48 hrs in presence, 1 2 hors in online training)

Number and typology of attendants 1 5 adults, between 25 and 64 .

The requirement for the attendants was the conclusion of mandatory studies according to the Italian legislation. They had different backgrounds and came from various educational and experiences fields. Most of them were motivated in participating in this course because, from their personal experience, they met various situations where it resulted necessary to have the needed competences and knowledge to deal with persons with immigrant backgrounds (school staff having students coming from non EU countries, personnel working in a prison, etc). A part of the participants decided to participate because greatly interested in the issues of the course.

Contents The main purpose of the course was to provide the conceptual and methodological instruments to help understand the migration processes, paying particular attention to the empiric research in the intercultural relationships. It also aimed at helping the participants acquire the capacity to critically evaluating the models of representation of cultural differences, of relationships and intercultural conflicts in different socio-economic contexts. The course was an informal education course for adults dedicated to the development of intercultural competences, giving some lessons and mediating workshop activities on citizenship and cultural pluralism, to stimulate dialogue and to overcome stereotypes and prejudices.

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The course was divided into three main thematic units, each containing classes and workshops: 1 —Culture, cultural identity, intercultural competence.

2—Migrations and cultural pluralism from a historical perspective: the national and the local level.

3—Foreigners and the Constitution: democracy and pluralism in the Nation State Unit 1 : Culture, cultural identity, intercultural competence Classes:

Differences as a potential source of conflicts Debate between liberals and communitarians Intercultural competence: mindset and skillset Developmental model of intercultural sensitivity (M. Bennett) In pluralistic societies, highly differentiated from a social, cultural, religious perspective, differences can create conflicts. Democratic societies, however, must be equipped with tools to manage these conflicts and with concepts useful to consider those differences in a “quantitative” rather than a “qualitative” dimension (that is to say that no culture is “better” than any another).

It was briefly presented the huge debate—quite outdated, as a matter of fact – between liberals and communitarians about the different conception of “cultural rights” (individual rights? Collective rights?) and the role of the public sphere in the protection of individual’s cultural identity. Culture (and cultural identity) cannot be conceived as a fixed and monolithic entity, but must be understood in its fluidity and dynamism, especially in migratory contexts characterized by the presence of people who are personally experiencing multiple linguistic and cultural affiliations (the so-called second-generation immigrants).

To explain the concept of “intercultural competence”, it was made reference to the notions and the model elaborated by Milton Bennett (1 993, 2001 ), according to whom it is necessary to equip ourselves with a mindset (set of attitudes and world view) and a skillset (set of skills and practical knowledge) to deal with any intercultural encounter. While themindset is a basic condition for the recognition of differences and maintaining a positive attitude towards them, the skillset deals with the ability to use both theoretical and practical frameworks for learning to learn in intercultural situations, to identify areas of potential misunderstanding, to finally choose the most

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appropriate behaviour.

Bennett states that the construction of an intercultural sensitivity occurs according to an evolutionary pattern, a pattern which he called developmental model of intercultural sensitivity: the six stages of increasing sensitivity to difference are the following: ETHNOCENTRIC STAGES: 1 ) Denial of difference (because of ignorance) 2) Defence against difference (other as a threat, stereotypes) 3) Minimization of difference ETHNORELATIVE STAGES: 1 ) Acceptance of difference (even if within a power relation) 2) Adaptation to difference (interaction, dialogue) 3) Integration of Difference (internalization of the other’s worldview; it is only possible if you have a big self-confidence about your identity). Identification allows the development of effective solutions for the management of conflicts.

Workshops:

A—“Differences in creating the categories of reality” B—“What is culture according to you?”

C—“Stereotypes and prejudices” A: “Differences in creating the categories of reality” Take some different objects that you find around you (like a Band-Aid, a match, a cotton ball, a peppercorn, a flower or a leaf, a phone card, a bus ticket, etc.).

Put them in an envelope then decide who is A and who is B among the participants.

• A begins to organize these materials in silence, thinking in his-her own language, while B looks at him-her, also in silence. We must organize all the objects in different sets on the base on ordering principles that we choose arbitrarily.

• When A has finished, B tries to guess the organization given by A. Let B make some attempts and then reveal the intentions according to which you have acted.

• B starts the same process as A observes him.

• Try to repeat the exercise at least three times per person (trying to change the organization of the objects).

• How did you feel while you were selecting and organizing the objects?

• Which categories did you use? Eg., “function”: clean, fun, etc..; “color, shape, texture, materials”, etc..; “alphabetical order”; “spatial and / or temporal collocation” (my bathroom, trips); original approaches (to create a story or a figure with objects).

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• What have you learned? Probably the fact that creating categories is inevitable and that it is especially important to give a sense to the reality that we share with other people. You'll notice that, in the case of great diversity from your partner, it was not so easy to get into his "head" and think like him. You will also happened to hold back from making impulsive comments that went in the direction of your understanding of these categories. Then you will also managed your anxiety to know, the temptation to judge, the difficulty to empathize.

• What if we could organize people as we did with the objects?

• What would change if we could talk to the person while doing the exercise?

• What would have happened if we did once?

B: What is CULTURE in your opinion?

We can give a definition of CULTURE from a: a. Individual/personal perspective b. Community/National perspective c. General (as an abstract notion) a.: Everyone answered that the individual / personal culture has to do with emotional attitude and individual’s behavior. Eg ability to listen; self-narration; relationships with family, my hopes. b.: Objective data: history, language, politics, music, arts. c.: construction of your own identity, through the identification of symbols.

The image of "culture" emerging from the participants’ answers, therefore, is that of a complex and dynamic system, consisting of affective and behavioral data (subjective) and cognitive data (objective). There is a dialectic between the two categories of elements, meaning they interact and influence each other. This dialectic definitely involves a selection process: the product of this selection is the culture of a person (at the microscopic level) and the culture of a society (at a macroscopic level).

C: Stereotypes and prejudices We addressed the problem of the theoretical core of prejudice - as the sum of prejudicial attitudes and stereotypes that are mutually established between people of different cultures - in its historical dimension and in its current form.

The goal of this workshop was to reflect on the problem of the perception of immigrants and to emphasize the risks related to a distorted discourse on immigrants’ diversity, particularly by the media.

For the discussion we used some newspaper articles addressing the same event, in order to show how prejudices and stereotypes can influence the correct reconstruction of the events (the articles was about an alleged episode of sexual

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violence by an illegal immigrant).

We also tried to stimulate the debate on the fallacy of some stereotypes proposing to the participants some stereotyped information and definitions about ten European countries’ populations (for example).

Unit 2: Migrations and cultural pluralism from a historical perspective: the national and the local level Classes:

• Intercultural relations in Europe considered in its geographical and historical dimension • The Italian context between Nineteenth and twentieth century, in its double dimension of place of origin and destination of migration • Umbria as a place of openness and dialogue between cultures and religions This part dealt with the topic of intercultural relations in Europe considered in its geographical and historical dimension. The focus was on the multifaceted nature of the problems arising from the encounter between different cultures, especially in the border zones, which are traditional source of inter-ethnic conflicts, but we also addressed positive models of cohabitation, in relation to migrations that have always affected interested this area.

We also focused on the Italian context between Nineteenth and twentieth century, in its double dimension of place of origin and destination of migration (Italy became an immigration country in the Eighties); we tried to report the developments and the different characteristics of migratory flows (of both emigrants and immigrants) over time.

Then we discussed about the idea of Umbria as a place of openness and dialogue between cultures and religions, trying to consider the Umbrian model of integration, its peculiarities and relevance in the national context, using the lens of history to understand its uniqueness.

Workshop

A: “The peculiarities of the Umbrian model of integration” Understanding the peculiarities of the Umbrian model of integration.

Participants (all of them residents in Umbria) were asked to report their experiences in the field of integration, sharing episodes or activities of public relevance in which they were involved. We put on the blackboard some dates that have marked

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the history of Umbria in the twentieth century regarding the dialogue between cultures and religions; the participants were asked to identify the corresponding events.

Unit 3: Foreigners and the Constitution: democracy and pluralism in the Nation State Classes:

• The legal condition of foreigners in Italy • The interpretation of the Constitution and the role of emancipation of “work” in the Constitution • The democratic principle and political participation of immigrants • The acquisition of Italian nationality: in particular, the problem of the second-generation immigrants and integration and citizenship tests Legal condition of foreigners in Italy; the interpretation of the Constitution and the role of emancipation of “work” in the Constitution; the democratic principle and political participation of immigrants; the acquisition of Italian nationality: in particular, the problem of the second-generation immigrants and the trend to integration and citizenship tests.

We addressed the very important role of the Italian Constitutional Court in prohibiting discriminations between citizens and aliens since the 1 960’s. The Article 3 of the Italian Constitution – which ratifies the equality principle – was the constitutional benchmark in this field and represented an important testing ground for the universalistic character of constitutional protection. Italian constitutional judges interpreted the equality clause of the Italian Constitution’s art. 3 going over and above its reference to “citizens” and they stated that differences in legislative treatment between citizens and aliens have to be reasonable. This broad interpretation was achieved by connecting the equality principle to both the alien’s international protection clause (art. 1 0 par. 2 It. Const.) and the “personalist principle” (art. 2 It. Const.), according to which the State has to respect the inviolable rights of all human beings.

Workshops:

A: “What do you need to know (or to be?)to become Italian?”

Workshop

Driven by the rhetoric on the concept of “integration” of migrants into the

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host society, integration tests for the issuance and renewal of residence permits and citizenship tests for naturalization have spread throughout Europe and even in Italy.

The participants were asked to develop themselves an integration test.

• Are you able to circumscribe “Italian culture”?

• Is there a dividing line, today, between an “Italian" and a “foreigner”?

What is it?

• If the test is designed to verify the belonging to a community, who should be tested for integration?

• To what extent is it necessary to give up your own cultural affiliation to be considered “Italian”?

• Must the cultural affiliation affect the actual enjoyment of fundamental rights?

What requirements must the person undergoing the test prove to match?

Only the knowledge of the Italian cultural heritage in a descriptive sense, or even the adhesion to the principles and values traditionally considered immanent to Italian identity?

The most important element that emerged from the participants’ answers is that the knowledge deemed essential to be “Italian” refers to objective, basic, data, that probably would not have an exclusionary or prescriptive effect.

Discussion among the participants.

We outlined the different topics that were dealt during the course. In order to stimulate the discussion on the different issues related to intercultural dialogue we used a documentary on the life and experiences of four immigrant families living in Città di Castello (the city in which the course was held and the participants live). It was a useful tool for the debate also because the participants knew some of the immigrants who appear in the video and one of the young immigrants interviewed took part in the course.

Trainers Different trainers, with various educational and professional backgrounds, have held this course so to guarantee the participants a various and multifaceted perspective.

In particular the main profiles were: 1 ° Academic background in law, history, anthropology. Degree and PhD in

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Political Sciences. Lecturers in Conferences and Seminars, at regional and national level, about historical and political topics. Founders and collaborators of the Association ‘Laboratory for an Intercultural society’ aiming at facilitating the participatory practices aimed at social inclusion of non EU foreigners in local contexts, editing of publications on fundamental rights and citizenship. Their activities include informal education addressed to adults dedicated to the development of intercultural competences, giving

some lessons and mediating workshop activities on citizenship and cultural pluralism.

2° Psychologist. Psychology Degree in Clinical Psychology and of the Community. Mentoring activities as part of the training project: "Laboratory of Mediation Upper Tiber Valley”. Intervention on the dynamics of the working group. Conducting business c/o Centre for Social and Rehabilitation patients with mental diseases (neuropsychological assessments, interviews with family members, ROT, occupational therapy, reminiscence therapy, workshops, etc).

Educator activities to support school children with autistic disorder Activities (focus groups) in some institutions of higher secondary education, as part of a project for the promotion of health.

3° Social Assistant. Relational Counsellor. Tutor of Familiar Assistance, technical and professional supervisor of care services, guidance and support to the family and to the familiar assistant, conflict management. Counselling about legal issues on immigratinon. Legal Counselling about request of international protection, orienting and guidance to the territorial services.

Guidance and accompanying of disadvantaged adults.

4. ASOS—THE 1 ST CYCLE OF WORKSHOPS IN SOCIAL AND COMMUNITY MEDIATION Vera Joaquim; Ana Mosca

Introduction In these days, training, is much more than the simple transmission of knowledge, it also implies the ability to gather information, create new knowledge, disseminate and apply them. The Association SoltarosSentidos (ASOS), believes in creating learning environments as one of the success factors of the Organization, which implies a critical assessment of the training needs of the surrounding community, Both improving learning and empowering their skills for life.

Being an association who works primarily for and with families, ASOS knows the importance to stimulate the intellectual curiosity of users and their technicians, motivating them to pursue self-improvement, and if this element an essential challenge in a perspective of lifelong learning. In this context, the acquisition of key competencies, the development of discernment and analysis capabilities for decision-making and problem-solving, in a perspective of teamwork, within the family, are the basic principles of ongoing formation, developing bridges between training, family and work.

The focus on social and community mediation arises in this context, after it becomes apparent, that much of the work with families passes through mediation processes, whether within their own families, between families and the technicians or other actors of his support network. It is then that ASOS understand the importance of social mediation and community training, of the tecnical personal, outlining a training plan, in its various areas of intervention.

1. Diagnosis of training Initially planned as part of the methodology, questionnaires survay and training needs were created in order to identify the training needs in families and

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technicians, including volunteers. However, being audience targets with distinct needs, it was decided The creation of a set of actions in the area of mediation directed exclusively to professionals. In the case of families, the technical team decided to keep our internal plan, whose diagnosis is done family by family, selecting themes that are transversal to all.

With regard to methodology, given the low number of employees, if does not justifies the application of a quantitative methodology, being discussed and decision making between all in a team meeting, and where he found that family mediation becomes pertinent due to the work of this association whose target population is families. It was concluded that school mediation would be a good bet, since our families have children of school age, and were the conflict remains, so, it was decided to sensitize and train professionals that influence the well-being of our families.

2. Characterization of the training plan Poster of the first cycle of Workshops in Social and community mediation promoted by ASOS in 201 4

Being already mentioned before, this training plan aims to promote the general qualification of the employees of the institution, in order to sustain its strategy on appropriate practices using methods and techniques that can be applied to a resolution of conflicts,through mediation. In this sense, during 201 4, under the ABSCM project, the training pilot plan began, which developed initially the two areas considered most relevant, family mediation and school mediation.

Focus initially on technical and social professionals, these interventions, intending to strengthen skills and qualification of human resources, creating conditions for professional development, characterized by evident improvements in terms of performance.

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So, was held in July 201 4 the 1 st Cycle of Workshops in Social and Community Mediation, and ASOS established partnerships with institutions and professionals with training skills, promoted the event through social networks and released it in academia and in your network of contacts.

As regards the planning of the sessions of the workshops, these were left to the discretion of the trainers.

Workshop I

Date: July 8th, 201 4 | 1 4:00-1 5:30 Duration: 1 hour and 30 minutes Theme: “School Mediation—the student support Office and the family of the IAC” Trainer: Pedro Rodrigues-Coach of child support Institute (IAC) Objectives: to raise awareness of the need of school mediation in the offices of the student support and presentation of the work of the Child Support Institute (IAC) in schools.

Workshop II

Date: July 9th, 201 4 | 1 6:30-1 8:00 Duration: 1 hour and 30 minutes Theme: “family mediation—intervention Contexts” Trainer: Isabel Oliveira—Family Mediator Objectives: to Familiarize professionals with the various approaches taken at the level of family mediation.

3. Results Although with distinct approaches, had a very positive receptivity by trainers/professionals, in a total of 32 professionals, of human and social areas, including psychology, educational sciences, social services, law and teaching.

The majority of those professionals do not have experience in mediation projects in their professional career, however, they agreed that mediation is a neces-

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WI—“School Mediation—the student support Office and the family of the IAC”

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sary element, as an asset, and in the words of one of the participants “mediation is something that I have increasingly applied, almost instinctively, day in and day out with the kids I work, that’s why I feel a need to deepen my knowledge in this area and to structure my form of intervention”.

In school mediation workshop was attended by a total of 20 professionals. This trainer has opted for a more traditional approach.

In a more interactive approach, the workshop on family mediation had the request, by the trainer, of forming a limited number of entries, being present 1 4 professionals.

4. Evaluation ASOS considers training as a management strategy and innovation, in which the evaluation of training as an integral part of the same, constituting a precious information for the management of people and of future actions.

In order to carry out the assessment on the part of graduates, the evaluation process took place at the end of each workshop and the trainees filled out an evaluation form of the event, in order to carry out an overall assessment, and analyze the organization, the performance of the trainers and if the goals were achieved. This consisted in open response questions, and an evaluation grid, in which each item was scored from 1 to 5, 1 being the minimum score and 5 the high score.

WII—“family mediation-intervention Contexts”

4.1 .

WI—“School Mediation—the student support Office and the family of the IAC”.

The evaluation of the

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Workshop “School Mediation—the student support Office and the family of the IAC”, on the part of the trainees was quite satisfactory in all its parameters, with an average above 4 values.

With regard specifically to the data recorded opted to evaluate three basic parameters: • “Organization” with an average of 4.1 it was noted that this was an action whose location and equipment were adequate to its realization. However the time could have been better managed, both regards the presentation of space from ASOS, as the amount of time available for the own trainer; • “Contents” averaged 4.4 highlighting the relevance of the theme with 4.9 in 5, which shows to have been a good choice, meeting the trainees intents; • “Trainer” with an average of 4.4, this was praised by the trainees, about his knowledge about school mediation and because he was dynamic with the group.

From aoverhall qualitative point of view, students recognize the importance of this training and the exchange of experiences that allow them to evolve as professional. New actions were suggested, better organization of global activity and comments that we are proud and which we quote: “Excellent. CongraExample of certificate. tulations for the initiative.”

4.2. WII—“family mediation-intervention Contexts.”

The evaluation of the Workshop “family mediation-intervention Contexts”, on the part of the trainees, was also quite satisfactory in all its parameters, with an average above 4 values.

• “Organization” with an average of 4.1 it was noted that this was an action whose location and equipment were adequate to its realization. However because of the high interest by the session, they suggested more documentation.

• “Content” had an average of 4.5 highlighting once again the relevance of the theme with 4.9 in 5, which also shows that this theme have been a good choice; • “Trainer” with an average of 4.9, this highly praised by the trainees for his knowledge and for his dynamic approach.

From a qualitative point of view overall, students recognize the importance

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of this training and one of the comments reflects the opinion of the Group: “very interesting Workshop. The trainer demonstrates not only an excellent theoretical knowledge to practical and used an approach to the theme that promotes the participation of trainees”

5. Certification As mentioned previously, for proper purposes, ASOS has established partnerships with certified professionals in the area, which allow a recognition of our professionals. The certificate was passed by ASOS, organizer and promoter of the event.

6. Conclusions and future Being the first cycle of Workshops in this area ASOS concluded that the whole process was very positive and predict for the realization of a new cycle in 201 5, where they can be ass new themes of social mediation in more depth and having among the trainers the technicians from ASOS. It will be held in attention better schedule and better practical components.

ASOS ends the first initiative in this area with high expectations, and with the certainty that the social mediation is a good commitment for the future, and that will allow our technicians to work in a much more structured and professional environment with families and the community.

5. BASIC TOOLKIT FOR THE SOCIAL AND COMMUNITY MEDIATOR1 Françoise Salesse; Michel Schaillée 2 COURSE TITLE

Body of Knowledge of the Basic Communication Skills of the Social & Community Mediator.

Recent phenomenon, dating from the early 90’s, social & community mediation tends POSITIONING

to be galvanized in its own understanding.

Mediation as a strategy to conflict prevention & resolution covers different areas of social & ethnic stratifications where people interact. On its turn, mediation into those areas has a variety and sometimes contradictory angles of approach (legal, medical, family, professional, … ) Transversal to all those social stratifications is the need for enhanced communication skills of the social and community mediator as identifier to the resolution.

Providing the professional mediator with the Basic Tools in identifying communication OBJECTIVES

blockers, their prevention or resolve. Tracking the fundamental causes of the dysfunctions and putting forward a comprehensive framework of positive interactions.

Prevention of the situations of tension, conflict and dysfunction, by an approach of the active watch

TIME

•

Detect the revealing signs of technical dysfunctions

•

Discern the revealing signs of needs, expectations, distress, or the behavior

which can generate the problematic situations •

Go to meet people, be known and maintained to the everyday life a

positive relational climate •

Inform and direct the public on his territory of intervention

•

Transmit the observations and the information collected within the

framework of the technical and social watch Regulate by the mediation of the situations of tension and conflict •

Defuse and calm the situations of incomprehension or tension in

coordination with his

Courses organized throughout the academic year upon notification of five eligible participants.

INSTITUT SAUMUROIS DE LA COMMUNICATION, 73, rue de la mairie, FR49260 MONTREUILBELLAY, info@isc-formation.org 1

2

BASIC TOOLKIT FOR THE SOCIAL AND COMMUNITY MEDIATOR

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(her) team-mates TIME

•

Watch the respect for rules by adapting his (her) argumentation to the

situation •

Insure the safety of the people and that of the team while waiting for the

intervention of the competentservice •

Respect the limits of his (her) responsibilities and cross the relay to the

other participant.

•

Report and analyze real-life situations

Participate in partnership projects or punctual actions

MODULES

•

Become integrated into a partnership collective work

•

Prepare the distribution of a targeted and structured information

•

Address a group of people within the framework of a partnership project.

Module 1 : ACTIVE LISTENING •

Understand the bases of the active listening

Identify three levels of the active listening.

Know five key elements to improve his (her) posture of listening to.

Understand the stakes and the limits of the active listening.

Estimate his (her) style and its ability to listen.

Identify six attitudes of listening.

•

Exercise

Auto diagnosis of ones listening skills. Return and experience feedback.

•

The listening to one another and create win-win relationships

Understand the notion of need.

Make the difference between need and request.

Practice the listening of one by the technique of the auto-empathy.

•

Know how to formulate a request.

•

Exercise

•

Train for the technique of the auto-empathy. Debriefing in a group on the

implemented behavior.

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Module 2 : CREATE CONFIDENCE

MODULES

•

Set up basic rules in the relation.

Observe and adapt to his (her) interlocutor (verbal and nonverbal).

Synchronize with his (her) interlocutor.

Choose the adapted communication channels.

Accept the contradiction, welcome the feelings of his (her) interlocutor.

Remain available for the other.

•

Exercise

Train for the synchronization. Collective debriefing.

Module 3: APPROPRIATE TOOLS OF ACTIVE LISTENING •

Develop the observation of the congruence and consistence between the verbal

arguments, physical mannerism and body language.

Integrate the various techniques of reformulation.

Develop recognition and feedback suites.

Develop and use effectively the component of silence.

Reconcile listening and grip of marks.

•

Exercise

Role-playing game: application of the active listening. Collective debriefing.

Module 4: FROM ACTIVE LISTENING TO RELATIONAL EFFICIENCY •

Define, master and communicate with clear objectives.

Master the stages of the interview.

Survey and influence with integrity.

Know how to conclude the interview.

•

Exercise

Role-playing game: simulations of professional situations of listening. Collective debriefing.

BASIC TOOLKIT FOR THE SOCIAL AND COMMUNITY MEDIATOR

DURATION

MODULE 1

: 1 4 hours

MODULE 2

: 1 4 hours

MODULE 3

: 1 0 hours

MODULE 4

: 1 0 hours

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Eligible participants are professional mediators in defined groups of five persons per PARTICIPANTS &

module

CERTIFICATION ISC CERTIFIED ENHANCED COMMUNICATOR

Authors References

Jean Marie Petitclerc, Pratiquer la médiation sociale ed.201 1 Jean Marie Petitclerc, Pratiquer la médiation sociale. Un nouveau métier de la ville au service du lien social. Ed. 201 2 Alain PekarLempereur, Aurélien Colson, Jacques Salzer, Méthode de médiation, au cœur de la conciliation ed. 201 2

6. OVERVIEW OF SOCIAL AND COMMUNITY MEDIATION IN THE UK1 David Baines; Mercy Maclean; David Luigi Fuschi

Days of Training: .............................................

Duration of Training: .......................................

Hours of Training for 5 days: .........................

5th–9th May 201 4 5 days 20 hours

DAY 1 —INFORMATION TRAINING SESSION ON COMMUNITY MEDIATION—(4 HOURS).

NUMBER OF PARTICIPANTS: 20

TOPICS COVERED: Definitions of community mediation in the UK. Definition by inclusion.

Definition by exclusion.

Conciliation vs. mediation.

Mapping of other forms of mediation.

The overall picture that emerged from our training on Definitions of community mediation—was based on UK definition of community mediation either by inclusion or exclusion—namely, by what community mediation includes or what it excludes. In practice, both definitions come to the same result: community mediation is generally held to include three basic areas of provision: victim—offender mediation; peer mediation/conflict resolution work in schools; and neighbour mediation between households and residents of a particular locality. Mediation is traditionally used in the UK to describe a process of third party assisted negotiation—i.e. inviting an outsider to help the negotiation of a resolution of the conflict. Increasingly, conciliation is being used in a number of statutory or public sector processes to identify a process identical to mediation. Examples include Disability Rights Conciliation, and conciliation in the health service between patients and the NHS. Arbitration, Conciliation and Advisory Service refers to conciliation, dispute mediation and

HP-MOS UK based Training/Information for Staff/Learners—for the ABSCM project in the UK (enquiries@hp-mos.org.uk) 1

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advisory mediation as three different strands of its work within employment dispute resolution. Dispute mediation is described as being more formal than conciliation, as terms of reference need to be agreed in advance and the process results in the mediator making formal recommendations. More details can be found in Liebmann (2000). Inclusively, mapping of other forms of mediation has been growing in its use within Britain, particularly over the last 20 years.

DAY 2—INFORMATION TRAINING SESSION ON MEDIATION SERVICE PROVIDERS IN THE UK—(4 HOURS).

NUMBER OF PARTICIPANTS: 20

This training looked at UK mediation services’ legal frameworks. Italso identified TOPICS COVERED:

opposing trends that may influence the future oflocal authority involvement in

Models of provision.

managing mediation services. It further explored

The future of local

which together make up the vast majority of neighbour mediation provision in

authority in the UK

England, Wales and Scotland However, there are two trends that now mitigate

managed services.

against local authorities choosing to establish in-house services. Because they

Paid and volunteer

both reduce the level of local authority housing stock, both trends are likely

mediators.

to limit local authority involvement in funding neighbour mediation generally.

Mapping of other forms

Of the services we spoke to, the rationale for paying mediators was usually to

of mediation.

ensure that the service would meet service delivery targets. Identified

two models of mediation,

difficulties included a shortage of volunteers, or excessive workload, or to ensure daytime mediator availability. Whether the mediators are paid or voluntary, mediation services are keen to stress that the mediation they provide is still professional. However, there is a debate among services as to whether paid mediation is a compromise of ‘traditional’ community mediation values—or whether payment is a step towards sector credibility and is thus appropriate recognition of mediators' skills.

DAY 3—INFORMATION TRAINING SESSION ON UK'S MEDIATION SERVICE MEMBERSHIP—(4 HOURS).

NUMBER OF PARTICIPANTS: 20

TOPICS COVERED:

This training looked at how neighbour disputes reach their local mediation service. With this in mind, it looked at The 2001 Community Mediation Dispute

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TOPICS COVERED:

39 per cent; self-referrals 30 per cent; housing associations 1 2 per cent; police

An analysis of

9 per cent; followed in decreasing percentages by environmental health

traditional neighbour

departments, advice centres, local councillors, other council departments and

mediation cases.

legal centres (presumably including solicitors). ( Mediation UK's Annual

What type of mediation

Community Mediation Dispute Survey 2001 ). The question then was the

is used?

of mediation

Shuttle mediation – a

either because the parties have declined to meet or because the service does

contradiction of usage.

not want to arrange a joint meeting because of safety or other concerns.

Pre-mediation activities

Shuttle mediation is therefore chosen as the next best prospective way of

– the development

getting to a satisfactory resolution. The subject of pre-mediation

ofassessment services.

activities—the development of assessment services was also explored with

Other forms of

mediation.

neighbourhood-based

Neighbour which traditionally means mediating a dispute primarily involving

mediation.

two adjoining households. However, it is clear that neighbour mediation within

used. “Shuttle” mediation

type

was found to be a process that arises

the broader community mediation definition is being expanded by services to include other situations of community conflict.

DAY 4—INFORMATION TRAINING SESSION ON UK MEDIATION SERVICE USERS—(4 HOURS).

NUMBER OF PARTICIPANTS: 20

TOPICS COVERED: Take-up of mediation by black and minority ethnic communities Monitoring other than by ethnicity Involving children in mediation Specific service comments on involving children

This training focused on Mediation UK’s service profiles which

showed

that

73 per cent of member services monitor staff and volunteers by ethnicity.

Unfortunately, the profiles do not reveal the results of this monitoring, so a national picture of mediators is hard to draw up. By and large ,services’ Annual Reports showed that recruitment of black and minority ethnic mediators was in line with or below local minority population proportions. A contrary example is provided byMediation in Kirklees: against a backdrop of 1 1 per cent of the community defining itself as coming from minority ethnic communities (1 991 Census results), about 20 per cent of the service’s volunteer mediators are from black and minority ethnic backgrounds. Whereas 73 per cent of services ethnically monitor staff andmediators, only 58 per cent monitor their clients by ethnicity. Through its quality assurance mechanisms, Mediation UK has encouraged services to monitor this information. The training also suggested that, it is not easy to determine the take-up of mediation by people of

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different socio-economic groups, as very few services carry out this level of monitoring. Research quoted in Mulcahy with Summerfield (2001 , p.55) suggests that people involved in neighbour disputes are more likely to be economically inactive and to have lower household incomes. Interestingly, research within the Mulcahy with Summerfield study of Southwark Mediation Centre (2001 ) shows that women are more likely to be parties in disputes referred to mediation, and that most disputes involved households of a single woman against another.

Most services encourage the participation of children if the children are perceived to be part of either the problem or the solution. Peer mediation has shown that primary school age children can be trained as mediators. Within neighbour disputes, services have shown that children can understand and take part constructively in mediation although mediators can often have difficulty in preventingthe parents speaking on behalf of the child. Services are aware of child protection issues, but some services are more willing to see children on their own (withparental consent), whereas others insist on the adults being present. If children are involved in a dispute mediated by Dacorum (e.g. mediation with school students), the service will adapt its procedure on a caseby-case basis and will always meet with the parents first.

DAY 5—INFORMATION TRAINING SESSION ON QUALITY STANDARDS IN UK BASED MEDIATION—(4HOURS).

NUMBER OF PARTICIPANTS: 20

TOPICS COVERED:

The training focused on UK Mediation, which has been the primary mover on

A brief history of

developing mediation quality standards in the community mediation field.

mediation standard-

Mediation UK’s Strategic Plan 1 997–2000 put delivery of quality at the heart

setting

of its mission (‘to ensure everyone has access to quality mediation services in

Quality systems

their local communities’ and an accompanying strategic aim to ‘ensure the

Quality systems and the

highest possible standard of mediation’). The need for sustainability has led to

community mediation

a parallel and less exalted reason within individual services in their search for

field

quality—namely, the ability to demonstrate quality gives more chance to

Accreditation of services

attract funding. Mediation UK’s accreditation system for community mediation services in England and Wales came to an abrupt end in the spring of 2001

Accreditation of

with the planned introduction of the Community Legal Service’s Quality Mark

mediators

for mediation services. The Legal Services Commission (which has replaced the

Accreditation of training

Legal Aid Board) launched the Community Legal Service (CLS) in April 2000,

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TRAINING COURSES: THE PROJECT ABSCM IN ACTION

courses Summary of accreditation and QM standards

and to support the CLS a set of quality standards was developed for three different levels of legal service provision: Information, General Help and Specialist Help. From the outset,the CLS made clear that funding and local partnership. Mediation UK's desire has been to enable mediators from individual services to achieve national acknowledgement of their skills.

Simplification of bothtraining courses and assessment of mediator competence willhopefully encourage wider take-up of these Mediation UKsupported quality systems.

DAY 6—INFORMATION TRAINING SESSION ON FUTURE TRENDS AND TENSIONSIN UK BASED MEDIATION (4 HOURS).NUMBER OF PARTICIPANTS: 20

TOPICS COVERED: Service sustainability and capacity-building.

Engagement in violent conflict.

Mediation UK and victim–offender mediation.

The impact of the Quality Mark.

Payment of mediators.

The conclusion of our training indicated that Neighbour mediation is generally acknowledged to be an important part of an agency’s response to community disorder and conflict. Thus some services, having successfully sought diversification beyond neighbour mediation in order to broaden their funding base and thereby ensure service sustainability, still often find that the core work of the service—i.e. mediating neighbour disputes—remains under-funded and is subsidised by other income streams. Mediation services’ strength is often their integrity of practice and responsibilities towards clients and referrers. This can sometimes become too rigid (e.g. over-stressing of confidentiality when reporting back to referral agencies, or an inflexible approach to supporting clients if mediation is not appropriate. Although not strictly within the brief of this training, one definite trend arising from the 1 998 Crime and Disorder Act has been the mainstreaming of the provision of mediation and reparation into the youth criminal justice system.

References

Bush, R. and Folger, J. (1 994) The Promise of Mediation – Responding toConflict through Empowerment and Recognition. Jossey-Bass Community Legal Service (2001 ) Mediation Quality Mark StandardConsultation Paper. Legal Services Commission

OVERVIEW OF SOCIAL AND COMMUNITY MEDIATION IN THE UK

201

Crowe, S. (1 999) Neighbour Disputes: Responses by Social Landlords.Chartered Institute of Housing Dignan, J., Sorsby, A. and Hibbert, J. (1 996) Neighbour Disputes: Comparing the Cost Effectiveness of Mediation and Alternative Approaches. University of Sheffield, Centre for Criminological and Legal Research Genn, H. (1 999) Mediation in Action. CalousteGulbenkian Foundation Gowan, S. (ed.) (2000) Community Safety: Ideas into Action. Community Links Gray, J. (2001 ) Promotion of Peer Mediation in York Schools. Safer YorkPartnership Hughes, K. and Waddington, G. (2001 ) Making Mediation Work forCommunities. Available from the National Assembly of Wales website:www.wales.gov.uk Hunter, C., Nixon, J. and Shayer, S. (2000) Neighbour Nuisance, Social Landlords and the Law. Chartered Institute of Housing for the JosephRowntree Foundation Liebmann, M. (ed.) (1 998) Neighbourhood and Community Mediation.Cavendish Liebmann, M. (ed.) (2000) Mediation in Context. Jessica Kingsley Lord Chancellor’s Department (1 998) Modernising Justice. The StationeryOffice McDonough, I. (2001 a) Community Mediation: Choosing a Model of Service Delivery. SACRO McDonough, I. (2001 b) Community Mediation: Settling Neighbour Problems Informally. SACRO Mediation Works (2001 ) A Report on Mediation as a Best Value Approach to Neighbour Nuisance and Anti-social Behaviour in Social Housing. Mediation Works Mediation UK (1 998) Practice Standards. Mediation UK Mediation UK (2000) Accreditation Scheme for the Quality Assurance ofMediation Services. Mediation UK Mulcahy, L. with Summerfield, L. (2001 ) Keeping it in the Community: AnEvaluation of the Use of Mediation in Disputes between Neighbours. TheStationery Office

7. SOCIAL AND COMMUNITY MEDIATION: TRAINING AT THE SERVICE OF THE COMMUNITY1 Helena Neves Almeida2

1. Objectives and contents The main objective of the training developed by OCIS (Observatory for Citizenship and Social Intervention) was to train and advise professionals, students and other social actors who develop community work in which social mediation is one of the intervention models with potential for development with a view to resolution of conflicts and building or restoring social ties.

The training model adopted and the topics chosen follow on from the analysis of the state of affairs as regards the Portuguese situation when it comes to theory and practice, namely: • Very little training in the collective dimension of mediation (social and community); • Diversity of practices exclusively based on the perspective of a more traditional concept of mediation as an alternative to extrajudicial resolution of conflicts; • Potentialities of professional mediation in community context; • Need to divulge recent experiences in the European context; • Development of conceptual and practical knowledge of mediation in “other fields” (family mediation in the forensic domain and mediation in reintegration of people with addictive behaviours and addictions); • Existence of relevant research done by professors and researchers Small courses on Social and Community Mediation under ABSCM Project.Scientific Committee: Helena Neves Almeida, Cristina Pinto Albuquerque, Clara Cruz Santos.

2 Lecturer and researcher of the University of Coimbra, Project Coordinator.

1

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203

from the University of Coimbra, in the social and community area; • Availability of contributions from researchers under European mobility programmes; • Need to provide more innovative training than that existing.

Figure A—Dissemination ofthe ABSCM Training Plan

The training plan was disseminated to several members of the partnership, the community and the academy, via information made available on the faculty’s platform, local newspapers, social networks (Worldpress and Facebook), as well as the Bulletin No3 of the Observatory for Citizenship and Social Intervention/Faculty of Psychology and Education Sciences (OCIS/FPCEUC).

Developed between 26th February and 27th May 201 4, this initiative carried out 24 hours of training free of charge in social and community mediation made up of eight 3-hour sessions, whose contents are included in this manual or PowerPoint presentations given by the authors and published on the European Social Treasure (EST) platform. The Training Plan comprised the following sessions:

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TRAINING COURSES: THE PROJECT ABSCM IN ACTION

• Session 1 – 26th February 201 4 – Advisory Bureau for Social and Community Mediation: A European Project at the Service of the Community Public presentation of the project as well as of the work developed in the characterisation of social organisations working in the municipality of Coimbra.

Professor Doctor Helena Neves Almeida – University of Coimbra (PhD in Social Work, specialist in social mediation) • Session II – 5th March 201 4 – Social and Community Mediation: Conceptual Fundamentals and Investigation Logics and Social Intervention Main contents: Analysis of the conceptual outlines of mediation, social mediation and community mediation in contemporary societies; Exploration of the potentialities regarding investigation and social intervention.

ProfessorDoctor Helena Neves Almeida – University of Coimbra (PhD in Social Work, specialist in social mediation) • Session III – 1 2th March 201 4 – Specificities of Family Mediation in the Community Context ProfessorDoctor PilarMunuera Gomes – Complutense University of Madrid (PhD in Sociology, specialist in family mediation) (see part III, of this handbook) • Session IV – 26th March 201 4 – Management of Teams and Leadership Analysis of the challenges the social interveners faced and operative issues on management of teams and leadership in community work.

Professor Doctor Edson Marques Oliveira - State University of West Paraná – Unioeste, Brazil (PhD in Social Work) tion

•

Session V – 9th April 201 4 – Forensic Social Service and Family Media-

Professor Doctor Clara Cruz Santos University of Coimbra (PhD in Social Work, specialist in family mediation) (see part III, of this handbook) • Session VI – 30th April 201 4 – Social and Community Mediation in the Context of Social Reintegration EmídioAbrantes – SICAD, Central Regional Health Administration (Master’s in Social Work and experienced in social and community service in the area of drug addiction) •

Session VII – 1 4th May 201 4 – Social and Community Mediation. A Ci-

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205

tizenship Right Professor Doctor Francisco Javier Dominguez Alonso—University of Alicante (PhD in Sociology, specialist in community mediation) (see part III, of this handbook) • Session VIII – 27th May 201 4 – Ethics of Mediation Professor Doctor Cristina Pinto Albuquerque—University of Coimbra (PhD in Social Work, specialist in Social Politics) (see part III, of this handbook) Several methodologies were used, according to the objectives of the session and the trainer’s strategies: PowerPoint presentation with theoretic summaries, analysis of bibliographic extracts, reflection issues, case analysis, presentation of professional experiences and of mediation projects.

New technologies were the favourite means of accessing information on the proposal made by OCIS/FPCEUC, although personal contact through a network of friends is still effective (Graphic A)

Graphic A—Means ofreference for hearing about the training

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TRAINING COURSES: THE PROJECT ABSCM IN ACTION

2. Trainee Profiles The training involved a total of 87 trainees, from 504 enrolled. The number of enrolments in each session varied according to the interest of the topics dealt with and their importance to the training, with an average of 24 enrolments per session (see table A). In total, the initiative provided training to 1 90 external participants, motivated to learn about this topic and with experience in social intervention in the community context. Since this was free complementary training, provided by professors and specialist professionals, the proposal was very well accepted by the community, which reinforced the argument of the innovative nature of the theoretical and practical approach of the training.

TRAINING SESSIONS

Nº OF ENROLMENTS

Nº OF PARTICIPANTS

Session 2

52

33

Session 3

50

30

Session 4

74

44

Session 5

89

34

Session 6

78

19

Session 7

74

12

Session 8

87

18

TOTAL

504

1 90

Table A—Number ofenrolments and participants per training session

According to the ABSCM Evaluation Report, there was a predominance (69%) of female participants and a predominantly young age distribution (65% from 20 to 35 years old), the majority holding a bachelor’s degree, post-graduate degree or master’s degree, mainly in the areas of Social Service, Sociology, Psychology and Sciences of Education (Table B), connected to social organisations with community intervention or to educational institutions.

As regards their employment situation, 54% of the trainees were employed with jobs related to their titles and academic fields, distributed into three areas (Graphic B).

SOCIAL AND COMMUNITY MEDIATION: TRAINING AT THE SERVICE OF THE COMMUNITY

207

Table B—Academic Field ofTrainees

Education (trainers, teachers, researchers), Service Managers (management positions and coordinators) and Professionals from different areas of training (social workers/senior technicians of social service, reintegration technicians, family nurses, call centre assistants, family collaborators/helpers, promoters of health, education and adult training projects, social action and Child and Youth Protection Commissions.

TYPE OF INSTITUTION

Nº OF TRAINEERS ENROLLED

Municipalities ..................................................................................................................................................................

12

Higher Education Establishments: Universities and Public and Private Institutes

39

.............................................................................................................................................

Institutions for Social Solidarity ................................................................ for Health, Employment, Social Security and Mediation .........

Non-Higher Education

1

Associations/ Private

11

Public Organisations

With no institutional affiliation .............................................................................

12 12

Table C —Institutional Origin oftrainees

Of the total of trainees, 52% had experience in community intervention, although only 24% were working in that area at the time of the training, especially in Social Inclusion/ Integration and Health.

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TRAINING COURSES: THE PROJECT ABSCM IN ACTION

3. General Assessment of the training by the trainees Following the analysis of the data from the Training Assessment Form (annex) and according to the respective report, the training was assessed under the following parameters: .................................................................................................................

General Assessment of the Training: ..............................................................................

Quality of contents: ......................................................................................................................

Applicability of contents: ...........................................................................................................

Relevance of the training in the current context: ............................................

Correlation between contents and methodologies used: ...............................

Performance of the Trainers: ................................................................................................

Very relevant(89%);

Conditions (materials and spaces): adequate ......................................

Adequate (87%)

Topic of the Training:

Very important and excellent (87%); Very good and excellent (86%) Very good and excellent(76%); Very good and excellent(92%); Adequate (82%); Excellent (97%)

Table D—data from the Training Assessment Form

Despite the positive aspects pointed out, there was a need to introduce some improvements regarding the dissemination of the training (broadening the network and the means of hearing about the sessions); knowledge (increasing theoretical knowledge); methodologies (reducing the number of participants per session).

Final considerations Lifelong Training implies a strong relationship between theoretical expertise and practical knowledge, through a reflexive approach on the reference axes in the understanding of social, economic and political realities and professional performances. In this approach the use of practical materials that further the meanings of acting and thinking, acquire a compelling strategic dimension. Practical cases and simulations are extremely important strategies for the co-construction of an awareness of the intervention processes. Reflexion on the procedures used, in their theoretical, practical and axiological dimension, take on a major role. Therefore, it is essential to establish a dialogue with the trainees, in order to clarify and discuss ideas and stimulate their participation in the learning process. That relationship thus implies having the knowledge, the availability and the material conditions.

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209

Knowledge that goes beyond the theoretical dimension and explores the expertise built during and after training; It is about equating the importance of theoretical knowledge as the matrix of reference for the practice, but also of practice as a source of knowledge in a dialectic relationship between teaching-learning and knowledge-action.

Availability which takes into account the subjective dimension associated with the necessarily open mind to question the evidence, and to dispute procedures considered unchangeable in a banking approach to teaching. The development of critical behaviour is a process connected to the reflexivity necessary for social change and transformation, and the conditions for active learning; Material conditions related to the resources available or likely to be available.

In this case, space, light, but also the size of the group of trainees is essential. Participation implies a layout of the room which facilitates interaction and communication between the trainees and the trainer, moments for pause and reflexion, which comprise the possibility of catering for different learning and reflexion styles.

Transporting these three demands or development pillars throughout life to training in mediation proves to be a challenge and, at the same time, an open process.

In social and community mediation, multi-partite communication in the sense of co-building alternative paths via procedures of exploration of differences and similarities in argumentation and values is a fundamental structure. It cannot be translated into mass training, but into training where uniqueness and singularity of the facts and the actors play a relevant role.

Graphic B—Line ofWork ofParticipating Trainees 1

Items translation: Educação—Education; Gestão de Serviços—Service Management; Formações diversas—Other 1

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APpROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

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1. A THEORETICAL APPROACH ON SOCIAL AND COMMUNITY MEDIATION Helena Neves Almeida

The conceptual, methodological and operational current guidelines on mediation, inscribed it as an alternative mode of dispute resolution, a voluntary and impartial process, which allows litigants to find an alternative that does not call into question the power of each shares. Initially founded on the Harvard model, which takes as reference the difference of interests between two litigants, and that puts mediation in the field of inter-individual relationship, mediation has expanded to the area of family disputes, social, criminal, community, cultural, consumption (among others). Such proliferation matches, for one side the societal dynamics that contributes to the emergence of new or renewed conflicts and on the other side a multidimensional and multidisciplinary reading appropriate to today's complex world and intervention processes. That contributes to surmount a restricted view of conflict resolution, placing the mediation as a mode of social regulation. After 90’s, sociological approaches will assign to mediation a role of social cohesion, through the (re) establishment of social bonds, assuming a vocation of empowerment and social mobilization, prevention and promotion of rights and guarantees of citizens in defence of social justice.

Nowadays, there are different models of acting in mediation; however the transformation character is present in almost all areas. This is not to solve a problem arising from a conflict between two beings, but also between individuals and organizations, between organizations, between individuals and the community, between organizations and the community. The focus becomes not only the nature of conflict, but the context and the actors involved, a holistic approach to respond positively, taking into account the strengths and the opportunities to promote at an individual or/and societal level. Mediation takes it a political dimension, that nobody is indifferent: professionals from many areas, local leaders, administrations take place.

However, this area of knowledge is not on the top of interest of university

21 4

APPROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

and institutes for professional training. The training of those who work in social context, promoting social inclusion, establishing relationship between persons, other professionals, organizations and communities, it's thus necessary and important. It's a contribution to the development of theoretical and practical knowledge. Social and community mediation, is an innovate answer to social problems and interpersonal conflicts (neighbourhood's conflicts and of small claims), between citizens and organizations, among organizations and between them and the community; It is present in the processes of social and labour integration of different target-populations, including (for instance): persons with special needs, victims and offenders, children and young victims of abuse or without conditions of life, unemployed people, immigrants. Access to the law, access to organizations, the inter-institutional and network intervention, neighbourly relationship, social and family relationship, social and cultural movements, youth group organization, processes for psycho-social monitoring, processes of social integration, multicultural contexts, may be topics of divergent interest, potential conflict and social problems, and constitute the framework of social and community mediation.

This paper intends to contribute for clarifying the conception of social and community mediation; It’s supported on bibliographic and documental research shared by all the team of the Grundtvig Project Advisory Bureau for Social and Community Mediation (ABSCM).

I—What means Social and Community Mediation? The theoretical approach Mediation is a relevant constructus on intervention in contemporary society, through practices performed both politically, and in terms familiar, criminal, government, in business, in school, at social level. Its pragmatic and programmatic issue comes from process design and nature of the action associated with it. Conceptually, mediation has been defined as an alternative dispute resolution, in which occur conciliation, negotiation, conflict management, referrals, not being confused, however, with none of these practices.

For a long time, conflicts and disagreements were appeased as part of a selfregulation practiced by actors who came from mediation natural spaces such as extended families, parishes and villages. The use of mediation, outside that framework occurred only in serious and complex conditions and understood as the last resort.

With the explosion of urban spaces, these structures were setting up blurring, and social relations were up institutionalized. It emerges the recourse to the complaint of situations relating to small and medium litigation, with a growing voluntary proceedings extrajudicial conflict resolution. It’s coming to the mediation age. It proves

A THEORETICAL APPROACH ON SOCIAL AND COMMUNITY MEDIATION

21 5

advantageous for the speed of the procedure, for the voluntary stay and freedom to join the process and for the potential of communication, which is one of its fundamental structures. a) Three approaches of mediation, a convergence to understand social and community mediation The intermediate nature of the mediation process in resolving disputes earns prominent position in the context of increasingly institutionalized relationship between individuals and organizations in the process of finding solutions to the conflicts and problems that, while structural (eg employment, housing, health, education) gain status and expression in the life styles of people and organizations. This fact contributes to the concept of mediation as a mode of social regulation, a set of mechanisms through which are created, transformed and banished rules, at societal and inter-individual level. The social regulation takes the form of inter-individual and social mediation. These fulfill a dual function, latent and manifest, “to make society” and “to regulate conflicts” (De Briant and Palau, 1 999:43).

It is true that the current conceptual, methodological and operational guidelines on mediation inscribe it mainly as an alternative mode of dispute resolution.

However, mediation is not limited in this design, initially founded on the Harvard model (years 60-70), which puts mediation in the field of inter-individual relationship, as an “assisted negotiation”, and now mediation is extended to so many fields that it belongs to daily life. This widening results on, the one hand, societal dynamics, which contributes to the emergence of new or renewed conflicts, and, secondly, a multidimensional and multidisciplinary reading, appropriate to the complexity of today's world and intervention processes. Its expansion has brought new insights and new approaches that allowed surmount the restricted perspective of mediation, conceptualizing it as a mode of social regulation and a mode of social intervention (Table 1 ).

It's defended the mediation process when the conflict assumes a predominant role in relations at the family, criminal, administrative, educational, political, social, or at the enterprise level, and whenever the search for alternatives requires the intervention of a third person that enhances communication between the parties and the ability of decision-making, by the litigants, in the establishment of a mutual agreement.

“The conflict, the balance and the change are benchmarks poles for expansion of practice mediators; mediation is used in conflict situations, in order to control or prevent, establish or re-establish social bonds, and thus regulate social relationships or

Table 1 — CONCEPTIONS OF MEDIATION ALTERNATIVE DISPUT RESOLUTIONS •

Assisted Negotiation;

•

Extra-court process, technical and methodological way of conflict resolution;

•

Micro mediation (inter-individual);

Main goal—to prevent or stop a conflict

SOCIAL REGULATION MODE •

Mechanism of creation, transformation and banishment of rules, at societal and inter-individual

level; •

Macro mediation (societal);

Main goal—creation and renovation of social links.

MODEL OF SOCIAL INTERVENTION •

Continuous process structured around the demand and the building of social alternatives;

•

It integrates conflict resolution (inter-individual and societal) in a development strategy;

•

Strengthens the link between the support networks (formal and informal)

Main goal—to prevent or to stop a conflict, creating and renovating social bonds, promoting the empowerment of individuals and communities through participation in their own development process.

Almeida, H., 201 2, p.48

changes to boost at personal, inter-individual and social level” (Almeida, 2001 :1 6). b) Social and community mediation: expressive and instrumental goal In this sense, social and community mediation results in a holistic approach, which states as a model of intervention, as a structured process around looking for and building social alternatives. We speak of social intervention model in that it allows you to emphasize certain principles and patterns that unify activity practices, from the general description of practical procedures.

Discussing the concept of mediation, De Briant et Palau (1 999) established a grid of comparative analysis between traditional public policies and new policies, no-

A THEORETICAL APPROACH ON SOCIAL AND COMMUNITY MEDIATION

21 7

ting that the former are imposed and the second dealt with local, from contractual relations unilateral or not. In this context, the institutional and professional mediation needs to be considered by introducing value added in the process of social intervention, contributing to the redefinition of the role of traditional players and is also mobilizing citizens mediations.

Institutional intermediaries are asked to solve problems of housing, employment and social affairs. They are experts with technical training targeted for the treatment of problems in the area where their intervention is required, and that became intermediaries who play an indispensable role in establishing social ties. Mediation will allow closer views, breaking the barrier of emotive argument and replace it with a higher rationality, questioning certainties and reducing misunderstandings. As regards Paillet (1 982:1 36) “you must be increasingly attentive to the demands implied, not formulable, especially in cases of stress, exclusion, anxiety and illness�

The organizations are one of the privileged stage of building institutional mediation and professional mediators reveal themselves major players in the field of symbolic mediation: first, because of the proximity to the heart of personal relationships, social and professional service users and, second, by characteristics of the relationship they establish, since the word plays a leading role in the knowledge of the reference of disputes / problems experienced by users and citizens senses, their attitudes and behaviours. This knowledge takes place gradually, in the context of enhancing the everyday relational trust with people, based on a reciprocal implication, which often generates real complicity between the actors involved in the search for alternatives.

As regards Michel AutĂŠs (1 999:245), the symbolic concerns four areas, namely: subjectivity, identity, and social bond word. These four records show a symbolic conception that the human condition is determined by the word. The subjectivities operates in the universe of language that is an assignment of the place; the production of identity takes place at the intersection of subjectivity and socialization, which forms the subject of a system of relationships; the word produces social existence, since it reflected in action in the social world and the social bond expresses this process of subjectivities and socialization, in which individual and social reality intersect. The social bond means, according to the author, the process of formation of subjectivity and sociality. In all these areas, the language is a constant. The social mediation operates in the field of concrete figures that show deficiencies or failures appreciation of subjects: working with people who, by constraints (internal and external) as socialization, contextual conditions or personal characteristics, presenting problems in affirmation of themselves, in the relationship they establish, or not establish, with others, in their social insertion and difficulties of speech.

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APPROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

For Ribeiro and Nogueira (2005:1 3) “the mediator is not a magician or sorcerer, nor to be a psychologist or a lawyer, but needs to know laws, to establish an empathic moment with the parties, and especially in the magic act of mediation, casting the spell of words that guide a possible satisfaction, understood through its sensitivity to see the other beyond itself, in its reading of the conflict”. The main working tool of the mediator is communication, speech and attitude, and this allows moving the concept of strategy to the domain of the user. In the mediation process, the strategy is often in making acquire a strategic thinking to anticipate the course of events and, with respect to this prediction, reorient their behaviour.

While recognizing specific skills and qualifications to professional social mediators, they work with people and organizations like craftsmen: manage time, arrange and create conditions for transitions that would be impossible without their action, without bricolage. However, their involvement does not end with a set of actions; interaction behind it acquires a symbolic value, but significant. A good social mediator is not who knows all the rules and procedures of a process of dispute resolution. That professional must know it, but it’s not all. It’s his/her competence to adequate it to circumstances, with innovation and creativity, understanding that the most important is not the agreement; it’s not the end, but the process.

To mediate assumes technical autonomy, an open positioning, not crystallized capacity of active listening, dialogue and action, the domain of communication procedures, plus a competency that involves training qualified. The absence of these elements mortgages the mediation and the consequent involvement of various social actors.

II—Comparing Social and Community mediation Trying to systematize information about differences and commonalities between Social and Community Mediation, we can identify complementariness in action (Table 2), Common Logics (Table 3) and Processes Associated with Restructuring of Social Relations.

In what concerns the complementarities field, considering four analytical categories (definition, aim, main goal and intervention axes), we observe a continuous conceptual meaning extension between this two conceptions: Social Mediation is associated to social bond reconstruction and individual resocialize, reconstruction of positive interactions among marginalized individuals and society, proximity and social transformation action, development of social autonomy, negotiation, relational work for repositioning individuals as actors (Individual Dimensi-

Table 2 — SM and CM: COMPLEMENTARITIES IN ACTION FEATURES OF SOCIAL AND COMMUNITY MEDIATION

DEFINITION

SM—Intervention practices which aim the

social bond reconstruction and

individual re-socialize fighting against the disorganization phenomena that undermines social life CM—Intervention practices aiming community member’s reappropriation ability to act, to resolve conflicts and to restore relations between the members.

AIMS

SM—Reconstruction of positive interactions among marginalized individuals and society, so that they make the resocialization.

CM—Further people's participation in conflict resolution and restoring social cohesion within the community in an autonomous and responsible way.

MAIN GOAL

SM—Reinstatement of the individual in social life.

•

Proximity and social transformation action

•

Development of social autonomy, negotiation..

CM—Establishment of a harmonious society through non-violent resolution of conflicts.

INTERVENTION AXES

•

Draw up an autonomous project of social regulation,

•

Provide the community members of a citizenship move,

•

Enhancing the vitality and stability of neighborhood relations

SM—Two axes: •

Relational work for repositioning individuals as actors (Individual

Dimension); •

Mobilization work as a mean for improves the integration conditions

(Collective Dimension).

CM—Two axes: •

Community Establishment by training its members on conflict

resolution •

Members' participation in conflict management and in the creation of

new social ties

Built from the contribution ofLemaire, E. e Poitras, Jean (2004:20)

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APPROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

on), mobilization work as a mean for improves the integration conditions (Collective Dimension); Community Mediation is usually referred to reappropriate ability to act, to resolve conflicts and to restore relations between the members' community; to further people's participation in conflict resolution and restoring social cohesion within the community, training members of community on conflict resolution and their participation in conflict management and in the creation of new social ties; to the establishment ofa harmonious society through non-violent resolution of conflicts; to draw up an autonomous project of social regulation; to provide the community members of a citizenship move; to enhance the vitality and stability of neighbourhood relations.

It's not only a question of intervention field, it’s another way of understand the mediator intervention and a linked conception od mediation.

Citing Albie Davis, Roberts (201 4, p. 37) says that community mediation” is “the soul” of the ADR movement, “exemplifying the value, above all, of respect – for the parties dignity and perspectives, whatever their background, race, class or gender and for their competence and creativity to design solutions to their problems” (Davis, A. in Kolb et al., 1 994, ibidem p. 38) Analyzing next table (Table 3) we distinguish common logics between both Table 3 — COMMON LOGICS ON SOCIAL AND COMMUNITY MEDIATION DESCRIPTION

HOLISTIC APPROACH

}

Understanding the conflict

}

Understanding the conflict dynamics and the complexity of social

problems.

} }

Enhancement of relational individuals and organizations context.

Identification and mobilization of community resources (organizations,

professionals and citizens).

} AUTONOMY APPRECIATION

} }

Individual and Collective Potential Activation.

Person and Community Power Determination.

Establishment of social liable practices and places for the conflict’s

regulation and socialization in a way autonomous from the State.

NEEDS INTEGRATION AND RECOGNITION

}

Recognizing and integrating people’s fundamental needs (like: self-

awareness, recognizing, free provision and construction of their destiny) within interactional space (the “other” discovery in interdependency and intersubjectivity).

PROXIMITY STRATEGIES

}

Approximation of regularization processes and decision-making of

individuals and communities attendees.

PREVENTION

}

Activation and mobilization of support networks (formal and informal)

}

Increasing the capacity of individuals and communities to disable

conflict situations and build new solidarities, reducing social tensions and increasing the collective life

TRANSFORMATION

} the values

Construction of social alternatives through a committed practice with for human dignity respect, citizenship and social justice.

Lemaire, E. e Poitras, Jean (2004) e Almeida, H. (2001 ; 201 2)

conceptions: Holistic Approach, Autonomy Valorization, Integration and Recognizing People Needs, using Proximity Strategies, Prevention and Transformation Proposes.

III—Final Remarks In synthesis, in SCM were recovered three processes: Mutual Understanding, Cooperation and Social Transformation.

MUTUAL UNDERSTANDING: Communicational process basis in the social bond rehabilitation and reconstruction.

COOPERATION: The process of articulation, construction and activation of formal and informal networks by sharing stakeholders and citizens active participation.

SOCIAL TRANSFORMATION: Qualification process for the social problems management and for the community member’s power re-appropriation about their own life, increasing social cohesion of society. The construction of social alternatives is a product of a participatory methodology.

Without them, we cannot get the conceptual intelligibility of social and community mediation. Which are the main differences comparing to other fields of mediation? It's essentially the collective and the strategically dimension. In the field of

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SCM to the rescued concepts like needs and individual rights, are added social needs and social and citizenship rights; to the conception of conflictual dynamic, is joined the conflict and social problems complexity; the issue of social problems resolution is joined to the logic of social conflict resolution. That's why the Social and Community Mediation in complex and collective contexts crosses inter-individual relations and puts their reconstruction in the centre of the strategic and political intervention, the mediator interacting with different partners.

Bibliography

Almeida, H. (201 2), “Envelhecimento, qualidade de vida e mediação social profissional”. In CARVALHO, M. I. L.B. (Org). Serviço Social na Saúde, Disposições e práticas de um campo profissional. Lisboa: Lidel, Pactor - Edições de Ciências Sociais e Política Contemporânea, pp. 85-1 28. ISBN: 978–98–9693–022–6 Almeida, H.(2001 ). “Conceptions et Pratiques de la Médiation Sociale. Les modèles de médiation dans le quotidien professionnel des assistants sociaux”, Coimbra : Fundação Bissaya-Barreto / Instituto Superior Bissaya-Barreto (439 pag.).

Autès, M. (1 999), Les Paradoxes du travail social, Paris, Dunod.

De Briant V. & Palau Y (1 999)., La médiation, Définition, pratiques et perspectives, Paris, Éditions Nathan/HER, collection Sciences Sociales, 1 28.

Escarbajal, A. (201 0). Interculturalidad, Mediación y Trabajo Colaborativo. Madrid: Narcea S.A. Ediciones.

Lemaire, E. et J. Poitras. (2004). La construction des rapports sociaux comme l’un des objectifs des dispositifs de mediation , Esprit critique, 6 (3). p. 1 7–29.

Oliveira, M. G. (2005). Mediación Comunitária. Bases para implementar un Centro Municipal de Mediación Comunitária y de Resolución de Conflictos. Buenos Aires: Espacio Editorial.

Paillet, P.( 1 982), “Des médiations par milliers” in Informations Sociales, 4, pp. 4–9.

Ribeiro, Cláudio e Nogueira, Leandro (2005). Mediação, Psicologia e Hermenêutica, in PsicoLogia.com.pt - o Portal dos Psicólogos [www.psicologia.com.pt consultado em 23.04.07] Roberts, M.(201 4). A-z of mediation, N.Y : Palgrave Macmillan

2. MEDIATION AS TRADITIONAL FORM OF CONFLICT-SOLVING AND LIVING TOGETHER IN TRADITIONAL SOCIETIES Hans Giessen

States or other abstract and anonymous institutions are quite new institutions in historical context. Most parts of human history, man lived without them.

“Traditional societies” were, even in Europe, dominant in a lot of rural parts at least until the 50ths of the last century. They constitute the people's identity, their Gemeinschaft. “Traditional societies” focus solely on their direct village, kinship, or clan, as ‘middle institutions’, in contrast to small, individualized institution such as the core family, or big, far-away institutions such as the nation state, that build the political system. Social anthropologists describe them especially with the help of structural characteristics such as the concept of reciprocity.

Reciprocity can be observed in almost every traditional society. The concept of reciprocity was best described in 1 924 by Marcel Mauss' in his Essai sur le don.

Compared to our conception of living together, reciprocity is quite a strange principle.

Yet it builds the basis of many historical societies because it enables the people to survive, particularly in extreme situations such as hunger caused by drought or long cold winters. It obliges every constituent of the society to share his belongings. This sharing, however, cannot be considered as a gift or a present. It is rather a claim that in turn constitutes a new obligation. Hence, the society is penetrated with mutual obligations. These obligations also extend to non-materialistic matters, such as visits (which must be responded); they also extend from the individual to his segment (that is, if an individual doesn't respond to his obligations, his community is compelled to respond).

It is also quite common to share and split work with respect to gender, men and women each having their own and clearly described duties which they execute mostly in gender groups thereby reducing ‘family life’ as a rule to meals (see, for example, Gough 1 975). These gender groups are themselves organized and also in re-

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lation to the opposite sex groups according to the principle of reciprocity; both institutions are closely related. ‘Middle institutions’ means, on the one hand, that people are not individualized, and on the other that political and social order is not focussed on far-away, abstract institutions.

The middle institutions often consist of large numbers of people, and the individual is expected to dedicate most of his time to them, even more so than to his family core group. As the 'middle institutions' determine social life, they guarantee that the society persists with stability, because the mutual claims that are maintained persist even in a state of distress. Indeed, traditional societies have mechanisms to make reciprocity work, even in situations where tensions and personal problems exist amongst the society's members. These mechanisms are not necessarily based on affection and even hold up with structural dependencies, such as with master-servant relationships. However, they are often connected with a feeling of belonging together (referring to the tribe, clan, kinship or village which builds the frame) – a feeling that is stronger than aversion or personal antipathy. As this principle is based on economic necessities, its aim is to control conflicts and to establish social security. It should not create emotional warmth or enable individuality. Of course, it is therefore not an abstract principle but affects almost every part of social life, determining social behaviour even with disliked persons.

There exist several examples from Germany as well as from France (e.g. the classical studie by Wylie 1 957), Spain (the classical study by Pitt-Rivers 1 954) or others parts of Europe or the world. For example, I did some research in a village called Orscholz (Giessen/Steil 1 996, Giessen 2003). It is located in the northern part of the Saarland (a Federal State of Germany), in a region called ,Hochwald' (literally translated: ‘High Forest’) which passes over to the Hunsrück region. The Hunsrück is also known from the "Heimat" television series by Edgar Reitz, which was broadly accepted as to show a true phenomenological insight into German village life from the beginning of the last century, describing it according to the theoretical framework used here. This region is fertile, but remote by means of conveyance "and did barely get touched by industrialization until the late 20th century", according to Christiane Glück-Christmann (,,und wurde von der Industrialisierung bis weit ins 20. Jahrhundert hinein kaum berührt”, Glück-Christmann 1 993. 1 00) – so there should exist only weak influences on the village's traditional structures until about the middle of this century. Indeed, this is confirmed by social anthropologists, who again and again stress on the region's “pre-industrialized traditions”, “archaic structures” and “forms of economy like in the late medieval times”. Inheritances in this region are the same for all

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children, which leads to homogenous structures, the agricultural economy necessarily being organized by means of a co-operative society. These structures were preserved and continued in some cases even until the present, according to Wolfgang Bierbrauer (quotes from Bierbrauer 1 990. 1 2: ,,vorindustrielle Traditionen”, ,,eine archaische Struktur” and ,,spätmittelalterliche [Wirtschafts-]Formen”.).

In this context, conflicts could only be solved by what would nowadays be called “mediation” as there was no dominant state system to enforce juridction. In social anthropology, the term of “palaver” is used to describe those mediation processes. The expression probably came from protracted negotiations with African business partners—a field where “mediation” was never given up (Greek means in literal translation "comparison", Latin parabola stands for "narrative report").

As a worst case—if all negotiation failed—the person seen as being harmful to the Gemeinschaft had to leave.

References

Bierbrauer, Peter, „Der industrialisierte Bauer. Von den historischen Wurzeln saarländischen Selbstgefühls”. In: Saarbrücker Hefte. No. 63., 1 990, 1 2–1 9.

Giessen, Hans W.; Steil, Klaus-Dieter (1 996), "Probleme bei der Kontaktaufnahme mit älteren Dorfbewohnern im Vorfeld einer Befragung". In: Zentralarchiv für empirische Sozialforschung an der Universität zu Köln (Hrsg.) (1 996), ZA Information 38, S. 76–81 .

Giessen, Hans W. (2003), Untersuchungen zu langfristigen Konsequenzen formaler Eigenschaften des Fernsehens auf Gesellschaftsstrukturen . Berlin: uni-edition Glück-Christmann, Christiane, Familienstruktur und Industrialisierung.Der Wandlungsprozeß der Familie unter dem Einfluß der Industrialisierung und anderer Modernisierungsfaktoren in der Saarregion 1 800 bis 1 91 4 . Frankfurt am Main: Lang

Gough, Kathleen (1 975), “The Origin of the Family”. In: Reiter, Rayna R. (Ed.), Toward an Antropology of Women. New York, London: Monthly Review Press, 51 –76.

Kuhn, Bärbel (1 994), Haus Frauen Arbeit 1 91 5 - 1 965. Erinnerungen aus fünfzig Jahren Haushaltsgeschichte. St. Ingbert: Röhrig Mauss, Marcel (1 924), Essai sur le don. Paris 1 924 Pitt-Rivers, Julian Alfred (1 954), The people of the Sierra. Introd.by E. E. Evans-Pritchard. New York: Criterion Books Wylie, Laurence (1 957) Village in the Vaucluse. Bonston, Mass.: Harvard University Press

3. ETHICAL ASSUMPTIONS IN A SOCIAL AND COMMUNITY MEDIATION PROCESS Cristina Pinto Albuquerque 1

In recent decades, Social and Community mediation has set itself out as a strategy for peace and social development based on proximity scales which are able to respond more effectively and appropriately to emerging traditional and social problems and their respective settings in local contexts.

To this extent, mediators are held as promoters of new social and relational webs and social mediation has taken an important political and civic space in the new territorialized socio-political interventions. Directly or indirectly, the practice of mediation thus contributes to the democratization of personal and collective life and the construction of a citizenship, not only formal but substantive, i.e. concrete, connected to real life and in permanent co-construction.

In this perspective, the promotion of integration processes of populations in situations of deprivation and vulnerability, questioning illegitimate socio-economic inequalities, the claim for structures of opportunity and social and political participation and the assertion and protection of social and human rights constitute the ethical and political references for social and community mediators.

In fact, the practices of social and community mediation allow us to optimize the necessary mechanisms to achieve these purposes, namely, providing visibility of people, be they silent and/or silenced, as well as the articulation between different decision levels (micro, meso, macro) and different dimensions (social, economic, political, cultural and ethical), essential to understand and act on problems and needs, expressed or latent, of populations and territories.

This mediation approach, under a social and community focus, the more "traditional" sense (individual and family), anchored in a tripartite relationship, is comPresentation delivered In the scope of Training Sessions of the University of Coimbra on Community and Social Mediation, under the ABSM Project

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plemented with a more contextual and more analytical perspective. At this level, certain underlying constraints to mediation situations cannot be overlooked, such as the conditions of power, often deeply unequal, and inequalities, often illegitimate and/or hidden that somehow affect, or may influence, the process and content of the mediation itself.

I—The ethical sense of community and social mediation The construction of a life with greater meaning and dignity for all human beings is constituted, in this perspective, as the ethical background and the utopian project which mobilizes social and community intervention. As Zamir stated (201 1 , p.

6), such an existential meaning emerges “when free and conscious choice effected by autonomous individuals who are capable of identifying their own needs and of agreeing to a solution that responds to these needs, this increases their ability to act as agents”.

The responsibility of social and community mediators in this area is greater the lower the capacity of self-determination and exercise of responsible freedom by individuals and groups. Therefore, the analysis of issues related to the (lack of) freedom, equity and differential power acquires huge importance in the mediation process, forcing a critical reflection on the possibility of ethical neutrality of the mediator. For this reason, awareness of the asymmetrical power inherent in some social relations (Simon, 1 994, p.1 56), the structural dimension of oppression and the factors that block freedom, increased critical awareness of their own lives and contexts, sense of citizenship, democratic participation and exercise of rights (Ninacs, 2006, 2008) stand out as the axes of reflection and ethical practice of social and community mediation.

From this point of view, is neutrality of the mediator and social community possible, or desirable?

Neutrality and/or impartiality of the mediator appears to be self-evident, both in the respective codes of conduct and in different theoretical approaches. Thus it should not imply any kind of critical questioning.

In this perspective, several approaches argue that, as a judge analysing the situation, the mediator must maintain an attitude of absolute neutrality and distance from these situations, both in terms of content of the mediation and in terms of process.

However, social and community mediation is based on a logic of situational

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democracy since it aims to increase the level of awareness and control of individuals and groups of their own lives, the structural and circumstantial constraints that they are subjected to, as well as create the conditions for informed decision-making.

In this sense, we can question not only the bases and the possibility of achieving neutrality of the mediatorin the various fields of societal mediation (family, social, community), as well as its ethical appropriacy.

But what exactly does "being neutral" mean?

According to Moore(1 996), neutrality and impartiality are two distinct dimensions. The first relates to the position not taken by any party; impartiality is taking no position on the resolution of the"dispute". This does not mean that the mediator has no personal opinion on the subject. But they have the obligation not to express it in order to let the decision emerge of the parties directly involved. For this author, the prism of the mediator’s neutrality is especially related to the procedural dimension of mediation. From this perspective, the role of a neutral and impartial mediator would be to conduct the process fairly and at a distance (neutrality), without advancing any specific results (impartiality).

However, the conduct of the process, preserving adequate levels of justice (note that justice immediately implies the weighting values and principles), may involve the abandonment of a purely formal position in favour of an active and engaged posture, thus not neutral and not impartial.This evidence is firstly connected to the characteristics of the mediation process itself, as evidenced by Zamir (201 1 ): a) flexibility—without rules, and rigid and standardized procedures, the parties are active participants, and tell "their story" in their language; b) proximity—creating open and constructive dialogues with and between the parties, anchored on a trusting relationship whose primary purpose is to identify the respective needs, interests and expectations and how to obtain an appropriate balance between positions, at least apparently divergent; c) uniquenes—mediation aims to clarify and solve specific problems (for this it must consider, for example, the impact of gender inequality, ethnicity, socioeconomic status, among others, as well as emotions in the evolution and resolution of disagreements), so the appeal to general rules, with potential universality, is not always feasible or appropriate; d) Particularity—the perspective of the parties on what is relevant gives the process some singularity and ambiguity, withdrawing the possibility of generalisation and analogy with other apparently similar situations.

In addition, the constructionof the relationship presupposes the conquest

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of bonds of trust between mediators, individuals and groups. To this end, the mediator builds closeness and empathy with the parties, including using everyday language adapted to the specific characteristics of the interlocutors. Dissociating process and content of mediation is, therefore, in itself paradoxical.

As Perlman(2001 ) mentions, to clarify this debate it is necessary to ensurethe distinction: • betweenthree levels of (im)partiality: • towards the participants • towards the results andtowards the rules.

The commitment to moral pluralism requires that the mediato ris in fact impartial by reference to the values and preferred orientations of the parties (provided they do not violate ethical and legal requirements). However, it also requires bias by reference to the outcome so as to ensure that decisions provide adequate social and ethical standards.

For example, the differences in power between the parties involved in the mediation process, conditioned by stereotypes (e.g., gender or parental responsibility) and contextual factors (e.g., socio-economic and cultural) which are beyond the mediation process itself, can be hidden in an uncritical affirmation of neutrality of the mediator. In this case, the mediator faces a dilemma: on one hand leaving the decision in the hands of the parties can lead to an unfair result, neglecting the "weaker"; on the other hand, trying to strengthen the voice of the “weaker” party can be understood by the other party as a position taken by the mediator, thus pulling strength and legitimacy into the process (Zamir, 201 1 ).

The combination of proximity and impartiality makes the mediator’s work particularly difficult and imprecise, because, as already noted, their role is not only procedural but of content (for example, if the result of the agreement is not fair should the mediator take a position or not?). As Gaynier stated (2003, cit. Zamirin, 201 1 , p. 490), "a mediator who chooses to hide behind a veil of ignorance and demonstrate intentional blindness toward power gaps that originate instructural limitations frustrates the fulfilment of the objectives of the transformative model".

Thus, if we advocate a more transformative mediation profile, not only conflict regulatory, the power of the mediator helps enhance the autonomy of the parties/populations, i.e., increase a fair and appropriate final compromise for each of them.

The active participation of disadvantaged groups in the mediation process must therefore necessarily be accompanied by a critical consciousness, by reference to ahegemonic social order, in order to, on the one hand, recogniz ewhere they are and

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what they intend to transform and ,on the other, to take as legitimate and enforceable the respective positions (Zamir, 201 1 , p. 489). In this case, it is not up to the mediator to have a passive, neutral role; it is necessary to provide the parties with analytical tools capable of (de)constructing this critical perspective and accessing a structural and not just circumstantial autonomy.

Indeed, in line with the rules of the Code of Ethics for Mediators (Foname, sd), adapted to a perspective of social and community mediation, it is essential, in particular, to: 1 . Ensure the parties/populations have the opportunity to understand and assess the implications of the processes of social and community mediation; 2. Use wisdom and truthfulness, refraining from promises and guarantees regarding results; 3. Ensure that the parties/populations have a voice and legitimacy in the process, ensuring balance of powers; 4. Ensure that the parties/populations have sufficient information to assess and decide; 5. Avoid forcing the acceptance of an agreement and/or decisions by the parties.

II—Objectivity and reflexivity as ethical assumptions of the role of social and community mediator As has been emphasized, assuming non-neutrality is essential to ensure a more objective stance in the face of reality and mediation situations, since itis the firststep towards exploring possible biases in how reality and discourses are interpreted and asymmetrical relations considered.

According to Iris Young (2000), unlike neutrality, objectivity comprise sa set of views on a particular subject, that allow the (de)construction of the dichotomy between objectivity and subjectivity.

It is, therefore, open to the possibilit yof bias (looking at the stories from the point ofview of the teller), but this does not necessarily mean giving preference to one of the viewpoints, or favouring their own values in assessing the situation and conditioning of decisions to make.Objectivity, understood as a productof the balance between analytical detachment and relational proximity, gives substance to an ethic that supports the correctness and fairness of the mediation, ensuring emotional equidistance from the parties and the situation,the specific identification of what is involved and why, and clear and appropriate sharing of information with each party,

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promoting the respective participation.

Thus the achievement of a reflective practice underlies these guidelines. This enables acknowledging, from the beginning, the multiple biases in building a perspective of the world: understanding a given narrative assumes its framework of meaning in the universe of the teller and of the listener and, in addition, the mediator’s interpretation, which is biased by their experience and training. In this context, self-monitoring and self-awareness of their own values and possible biases in the way one analyses the reality and the narratives about it (objectivity), are essential processes by any mediator, which require constant reinterpretation and revision of what is happening in one’s relationship with the parties and in the relationship with oneself.

Therefore, to Warren (1 998), objectivity is conceived as a kind of"uninterested interest", intended to understand the internal and external forces, situational and supra-situational elements present and the possible balance of these elements, often contradictory. It is the domain of the non-self, of the non-identical and of rationalities and structural factors from that domain of the "other."

The bias, in turn, emerges in the form of action intentionality. The "indifference" about results does not exist in this perspective, as it seeks to make sense of situations; however, this sense presupposes the appropriation of the external references to the Agent(s) who conceive it (objectivism). Thus, the search for objectivity is a process and it stems from subjectivity; it is not an antithesis of that subjectivity (Parton and O'Byrne, 2000, p. 1 77).

The hegemonic conceptions and categories often presented as self-legitimised can and must, therefore, be questioned by the mediator. Only this way can one reflect on how they affect the situations and create a pluralistic interpretive framework, giving relevance to narratives that create links between personal experiences and collective stories (Zamir, 201 1 ). This dialectic between the individual and collective is particularly important in the processes of social and community mediation, since numerous senses intersect in the territories and mutual freedoms and their respective limits need to continually adjust.

In this perspective, the mediator epitomizes some sort of “ethics of equitative parciality” (Zamir, 201 1 ). That is, as Winslade et al. claim (2000, p.21 ), “mediators (…) seek to embody in their mediation work an overt bias toward the promotion of social justice. Keeping these issues in the forefront of consciousness enables, at times, the deliberate privileging of the voices of those who are usually not listened to”.

The social and community mediator fits with the very act of transformation, they become a social actor who needs to recognize the influence they have (Bourdieu andWacquant, 1 992): in determining the process and content of mediation itself, as a promoter of change and as an agent of negotiation and clarification of the meanings

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of what is happening, what is said and what is not said. Thus, the mediator, especially in a social and community focus, is not a mere external and passive observer, but part and parcel of the logic of mediation, identifying patterns, trends, constraints (personal and contextual), convergence, divergence, rationalities and emotions.

In this line of argument, Jarrett (201 3) proposes a full mediation model that takes into account the connections between theory and practice, actor and system, as well as the combination of different models of mediation through a reflective practice.

This, as the author argues, allows us to appreciate: • micro interactions in the course of mediation, • internal experience and values of the mediator and • shared production of meanings, as well as rules and procedures.

Experience and observation are thus linked in a meaningful way in conjunction with the constraints of the socio-economic and political context (Jarrett, 201 3, p.6).

Reflexivity in actions presupposes a continuous movement of re-composition and deconstruction, escaping the reductionist view that only sees the parties or the globalist view that only considers the whole."Critical reflexivity" (Gergen, 2009, p.1 2.) allows us to put the premises in question, stopping the "obvious", listening to different ways of making sense of reality and considering the products resulting from different starting points in the assessment of situations.

In this perspective, an approximative movement in one’s relationship with the world, with oneself and with others is achieved. The site, with its core of life and experience, articulates with the global; beliefs, culturally legitimated, combine with the facts and objects; practical knowledge is associated with scientific knowledge and vice versa.

In social and community mediation the intention is to reduce distances between perceptions of reality, legitimize the knowledge of people who know their community and what they want to achieve, as well as ensuring the active participation of everyone in the decision process and getting closer to decision-makers.

This also means that social and community mediation considers and reconstructs the links that add different dimensions at the same time (social, economic, political, cultural, axiological), at different levels of achievement (micro, meso and macro), and the rationalities that will maintain them or break them. So, action and thought are constantly articulating in a kind of "praxeology of co-production between knowledge and action", in the words of Correia and Caramelo (2003, p. 1 84), which means, in other words, admitting the unpredictability and the "situationality" as struc-

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tural features of mediation action.

Practice of social and community mediation—Ethical Assumptions The role of social and community mediators is particularly relevant especially in terms of: a) clarification of the latent questioning of vulnerability and socio-economic and territorial inequalities; b) (re)construction of life projects and social and community development; c) reinterpretation of narratives of oppression and indifference; d) liaison with the collective in the practice of social advocacy as a necessary step to the empowerment of disintegrated populations and those deprived of citizenship affirmation mechanisms and social and economic justice.

To this extent, social and community mediators’ practice is mostly not meeting standards and procedures, but rather questioning them deeply or revealing the illegitimacy of their (in)existence when fundamental rights are at stake.The critical emancipation of individuals and the creation of conditions for their connection to decision-making and integration authorities embodies the professional commitment to social justice and therefore to the Human being.

In fact, increasing the ability to think in other terms, to aspire, to conceive other perspective of the world is essential for most populations with which social mediators work. Judith Lee (2001 , p. 34th) when referring to the dimensions of a process of empowerment emphasizes the need to develop a more positive sense of the self, to build the knowledge for a more critical conception of the social network and structural policy of life contexts of each subject and to build resources and strategies, or functional skills, to ensure the fulfilment of personal and collective goals. The author also highlights that including "political processes, objectives, and transformations along with personal and interpersonal power" [is the way to] "empowerment to restore its original meaning" (Lee, 2001 , p.32). Therefore, promoting the ability to act and to understand and exercise power is also, or is primarily, to ensure that the relative spaces that promote the conditions for that purpose are available or can be implemented.

The role of social and community mediators is crucial at this level for building ethical principles of justice, equity, democracy and peace.

Bibliography

Bourdieu, P. e Wacquant, L. (1 992).An invitation to reflexive sociology. Chicago: University Chicago Press.

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Correia, J.A. e Caramelo, J. (2003). Da mediação local ao local da mediação: figuras e políticas. Educação, Sociedade & Culturas, nº 20, 1 67-1 91 .

Foname – Fórum Nacional de Mediação (s.d.). Código de Ética de Mediadores. Disponível em: www.foname.com.br/codigo-de-etica-para-mediadores, consultado em 201 4-07-01 .

Gergen, K. J. (2009). An invitation to Social Construction. London: Sage Publications Ltd. Jarrett, B. (201 3). Moving beyond brands: Integrating Approaches to Mediation. UAA Justice Center, University of Alaska Anchorage, Occasional Paper Series, nº 3, 1 -1 2.

Lee, J. A. B. (2001 ). The Empowerment Approach to Social Work Practice.Building the Beloved Community. New York: Columbia University Press.

Moore, C. W. (1 996). The mediation process: Practical strategies for resolving conflict. San Francisco: Jossey-Bass.

Ninacs, W.A. (2006). Empowerment: Réflexion sur quelques principes clés.

Québec: Cooperative La Clé.

Ninacs, W.A. (2008). Empowerment et intervention: Développment de la capacité d´agir et de la solidarité. Québec : Les Presses de l´Université Laval.

Parton, N. e O’Byrne, P. (2000). Constructive Social Work.Towards a new practice. NY: Palgrave.

Perlman, D. (2001 ). Mediation and ethics consultation: Towards a new understanding of impartiality. In http://www.mediate.com/pfriendly.cfm?id=81 5, consultado a 31 de maio de 201 3.

Simon, B.L. (1 994). The Empowerment Tradition in American Social Work: A History. New York: Columbia University Press.

Warren, W.G. (1 998). Philosophical dimensions of personal construct Psychology. London: Routledge.

Winslade, J. e Monk, G. D. (2000).Narrative mediation. A new approach to conflict resolution. San Francisco: Jossey-Bass.

Young, I. M. (2000). Inclusion and Democracy. Oxford: Oxford University Press.

Zamir, R. (201 1 ). The disempowering relationship between mediator neutrality and judicial impartiality: Toward a new mediation ethic. Pepperdine Dispute Resolution Law Journal, 1 1 (3), 467-51 7.

4. FAMILY MEDIATION AND FORENSIC SOCIAL WORK Clara Cruz Santos1

Introduction Mediation is a process of conflict transaction in which the parties request and accept confidential intervention of a qualified person to help them find the foundations for a durable and mutually acceptable agreement, and which will contribute to the reorganization of personal and family life. The aims are the resolution or minimization of the controversy associated with a positive transformation of the relationships involved, and the possibility of agreement that can ultimately take the form of a contract. In this paper family mediation is perceived within the measures of Restorative Justice at the same level as the new epistemic Socio-critical and constructivist paradigm where Forensic Social Work also finds in Southern Europe both its ideology and intervention tools.

Based on these assumptions, this paper begins with the conceptualization of Forensic Social Work and later focuses on a more comparative approach to family mediation.

I—Social Work and Forensic Social Work According to the definition in place2 of the profession of social work this “ is

a profession of intervention and an academic discipline that promotes development and so-

Presentation delivered In the scope of Training Sessions of the University of Coimbra on Community and Social Mediation, under the ABSM Project.

2 This definition is from February 201 4. In July 201 4 it was changed and broadened at the World Conference on Social Work, Education and Social Development, in Melbourne, Australia 1

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cial change, social cohesion, empowerment and promotes the Person.

The principles of social justice, human rights, collective responsibility and respect for diversity are central to Social Work. Sustained in the theories of social work, social sciences, humanities and indigenous knowledge, social work links people with social structures to meet life challenges and to improve social welfare .” IFAS, 201 3.

Social Work focuses on the humanist perspective of human rights in a dialogical action between people/citizens and structures/organizations. In this movement Social Work has played a mediating role (not in the legal sense that we want to take further), but between two actors or structures that require an external element (with noteworthy recognition of methods, materials and contextual resources) to help or support not only the solution for a conflict/problem but also in the broader sense of human development.

Forensic Social Work is a specialized practice of Social Work based on the Law, legal issues and criminal and civil proceedings, including child welfare services, regulation of parental responsibilities, delinquency, criminality(ies).

Brief History of Forensic Social Work The first references (though not theoretically grounded) mention the efforts of Jane Adams in the mid-twentieth century to ensure that children and young people were not seen as “mini-adults”, but as children and young people with their own characteristics and as such the “need for recognition of human differences and the necessary adjustment of the legal system.” At this stage juvenile courts were created, which granted the concept of rehabilitation a significant expression in the work of the social worker.

In 1 920 “police social workers” appeared in the USA. Their main job was to monitor, support and intervene with female victims of violence and, in the 70s, with the mass advent of “youth gangs”, they had to work in direct intervention with children and adolescents.

At this time, Forensic Social Work is included in the multidisciplinary work in police departments, psychiatric centres, juvenile justice centres and programmes and departments working with prisoners, ex-offenders and community work, among others.

Changing the Paradigm (USA): Changing Social Reform to Individual Responsibility Despite the large investment by the American government to put multidisci-

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plinary teams in place (with Social Work at the forefront), there was the notion that intervention work was not effective in reducing crime. Changing the scope of the intervention was urgent. A change of Forensic Social Work intervention could be noted, and not only at the level of departments and centres, crisis intervention or danger which were already installed for community-based work, where an addition to the role of social workers was working for witness protection.

After the terrorist events of September 1 1 , 2001 the “Patriot Act: Uniting and Strengthening America”, was created under the Government of George Bush. In this context, the Social Work intervention widened and also covered preventive and corrective actions of different criminalities, namely, terrorism, immigration, trafficking and theft among others, thus raising a new question.

Forensic social work earned a strong feature of social advocacy, political action and social change.

II—What about Portugal?

The term “Social Reintegration” emerged in Portugal in the 80s and brought us to a process of reintegration of the offender into the community to which they belong, on the assumption that the individual will adopt a behaviour guided by the legal-criminal system. Nevertheless there remained the underlying idea of treatment.

It was a process based on the requirement of respect and protection of human dignity.

It was a preventive practice, not only centred on the agent considered individually or as part of a risk group, but also on the overall creation of positive conditions for socialization and the impracticability of exogenous conditions conducive to the committing of crimes, i.e., reintegration always included a process of socialization.

The Institute of Social Reintegration (Instituto de Reinserção Social - IRS) was established in 1 982, under Decree-Law No. 31 9/82 of 1 1 August and is regulated by Decree-Law No. 204/83 of 20 May which is its Organic Law. It was a body of public administration, with legal personality and endowed with administrative and financial autonomy, under the Ministry of Justice.

This institution emerged as a result of growing concern for offenders’ social reintegration. Its creation, under the new Penal Code of 1 982, was directly linked to the adoption of the principle of re-socialization of the offender and the review of the impact of incarceration. In this context, its scope covered prevention of marginalization, integration of the offender, an area for minors and technical support to courts in order to ensure the appropriate sentence or measure was applied, reaching the goal of social reintegration of the offender. (art 2 Decree-Law No. 204/83 of 20 May).

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The change from Institute of Social Reintegration to Directorate General for Social Reintegration

There was a “change” in the status from Institute of Social Reintegration to Directorate General for Social Reintegration, in the internal organization at a central and regional level and also with regard to competences. The Decree-Law 1 26/2007, of April 27 established the organizational structure of the Directorate General for Social Rehabilitation (Direção-Geral de Reinserção Social—DGRS), which succeeded the dicontinued IRS. The priority objective was the need to improve and enhance the process of social reintegration of underage persons (between 1 2 and 1 8 years), young adults (between 1 8 and 21 years) and adults in the areas of prevention of youth delinquency and the promotion of alternative legal measures to imprisonment ordered by court.

On the other hand, the organizational restructuring of social reintegration services complied with the redefinition and clarification of intervention areas.

DGRS was the service responsible for defining and implementing the policies of crime prevention and social reintegration of young people and adults, in particular, through the promotion and implementation of educational guardianship measures and alternative measures to prison. (art. 2, No 1 ) .

Areas of Intervention of Social Work in the area of Justice in Portugal Criminal jurisdiction and the enforcement of sentences:

Executes electronic surveillance of defendants; Ensures the enforcement of sentences and non-custodial measures; Also intervenes in the execution of sentences and custodial measures, in conjunction with the prison administration Educational Guardianship jurisdiction:

munity; dings;

• Ensures execution of Educational Guardianship Measures in the com• Develops mediation activities in Educational Guardianship procee-

• Also ensures the execution of Guardianship Detention Measures , through the management of Educational Centres for social reintegration of young agents of deeds legally classified as a crime.

The social workers, along with other professionals who work in the judicial sphere despite their different fields, are designated as Senior Technicians of Social Reintegration.

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Competences and Tasks of Senior Technicians of Social Reintegration Within the Technical and Residential Team (usually at the level of Educational Centres), the social worker: prepares information, reports, surveys and plans for implementing the measures decreed by courts; liaises with the socio-family environment of the subjects and services and bodies involved in the reintegration process and/or in crime prevention actions or projects; plans and supervises the daily organization of residential units, oversees internal order and discipline, as well as compliance with hygiene and safety rules; directs and supervises the work of other professionals (TPRS).

At a more macro-perspective and integrated in the Programme Team, the social worker (TSR) also ensures tasks of planning, implementation and evaluation of screening and vocational guidance, education and vocational training, health, sociocultural activities, sports and other programmes.

Mediation

Mediation in the Portuguese judicial system although legally established and provided as a privileged form of intervention (social and family mediation) at the level of Justices of the Peace (decentralized centres of conflict resolution), is still at the very beginnings of its operative character and social legitimacy. According to Zawadzki (2001 , p 37), It falls to the social mediator, to “emphasize the need for professional and technical training to resolve conflicts.� In this sense the mediator must undergo specialized training with knowledge. He/she should also possess basic skills (like the social worker) such as the ability for negotiation and communication and additional knowledge about the peculiarities of human relationships and the influence of social support networks for primary and secondary level.

In this context there are common points between mediation and forensic social work in four axes or dimensions: 1 . In the structural dimension, mediation and Forensic Social Work are methodological practices of Social Work; 2. In the axiological dimension, both focus (more or less intensively or directly) on conflict; 3. In the functional dimension, both resort to the legal framework and legal expertise as an essential tool of action; 4. In the formative dimension, both require specialized training for their applicability;

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However, they also show some empirical divergences, such as: 1 . Willingness. Much of the target population of Forensic Social Work, by its nature, does not resort to it voluntarily. There is an imposition by the judicial services or by social protection and child protection services to be monitored and to comply with a negotiated plan of reintegration or social integration plan for social transformation. On the contrary, and especially in Portugal, families that resort to a family social mediator do it voluntarily. They turn to this service as a personal choice where the feeling of power and control over the process is more visible.

2. Intervention Focus: In Forensic Social Work the scope of intervention is based on all risk situations and/or social danger. This means that the existing conflict has not only a component of discord and denial; there is concomitantly a situation that can jeopardize the well-being and physical and mental integrity of one of the participants.

3. The methodology/process and purpose of intervention: Apesar da resolução do conflito ser uma finalidade comum aos processos de mediação e ao Serviço Social Forense. No segundo, além deste objetivo prevê-se uma intervenção mais estrutural dos esquemas de funcionamento familiar e/ou individual onde o mediador pode servir como o primeiro elemento da fase do processo de intervenção, muitas vezes a “alavanca” operativa do processo mas não se reduz ao mesmo. O término do conflito não é necessariamente o término do problema ou da procura social.

Conflict resolution is a common purpose to the processes of mediation and Forensic Social Work. In the latter, in addition to this objective, a more structural intervention of family and/or individual functioning is anticipated where the mediator may serve as the first component of the intervention phase of the process, often the operative “lever” of the process, but not only that. The resolution of the conflict is not necessarily the end of the problem or social demand.

III—Brief conclusion This aim of this presentation was, quite briefly, to share two procedural forms in the field of Social Work, which, despite having the notion of conflict and restorative justice in common, are differentiated in their structural goals and how they relate to the participants.However, the differing aspects between these methodological strategies can be complementary in a more inclusive view of personal and family development.In both (Forensic Social Work and Mediation), it is important to clearly identify who the customer is, what tasks are to be performed by the individual system and/or family system; what is the level of social intervention and the level of legal/judicial intervention and, finally, the confidentiality of professional action. These

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dimensions will activate the dialogue that can enhance the transformation of the system of action. Action systems are positioned at a micro- and meso-level (with an individualized and family approach) and at a macro-level in the direction of broader social systems in different social contexts (Social, Social Justice, Person and Legal System) and in different fields of intervention (Children and Families, Education, Health, Immigration, Addictive Behaviours; Juvenile Justice and Criminal Justice).

In different fields and contexts of intervention, the concepts under discussion are as follows: a) The mediator will focus on conflict and its resolution taking into account the various actors. He/she searches for the mediated solution. b) Forensic Social Work should strive for the promotion of family rights, autonomy and self-determination. Risk assessment of minors.

Evaluation of the potential family weaknesses and the legal framework for action.

One aspect that seems quite important and that does not appear clearly in the family mediation training in Portugal has to do with the necessary legal training.

Mediation should not ignore the legal implications arising from this matter, insofar as the inseparability of the conflict is an alternative to the criminal justice system (slow and bureaucratic), but does not fail to take into account the criminal-legal matters that arise from it. As a consequence, it can be concluded that the techniques used in the mediation process are intended to assist the parties in the exercise of their power and self-determination (ownership of their knowledge, actions and solutions) and their recognition (including the point of view, actions and solutions from the other).

Bibliographic References

Maschi, Tina; Bradley, Carolyn & Ward, Kelly (2009). Forensic Social Work definition in Maschi, Tina (ed) (2009) Forensic Social Work: Psychosocial and Legal Issues in Diverse Practice Settings. NewYork: Springer Publishing Company.

Zawadzki, Daniela (2001 ). A mediação como uma das alternativas à crise do Dissertação de Mestrado do Curso de Direito apresentado à Universidade Federal de Santa Catarina, Florianópolis em 2001 . Mediation as an alternative to crisis in judicial power. Dissertation of the Master’s Degree in Law, presented to the Federal University of Santa Catarina, Florianópolis, 2001 . poder judiciário.

5. MEDIATION IN THE JURIDICAL AND ECONOMIC SYSTEMS: ARBITRATION, MEDIATION AND CONCILIATION Fabrizio Boldrini; Maria Rita Bracchini; Virginia Marconi; Sara Alimenti; Maria Chiara Locchi; Valentina Raparelli; Grazia Paciullo

Historically, methods used to settle disputes have ranged from negotiation, to courtroom litigation, and even to physical combat. The legal needs of countries, multinational companies, and ordinary people have changed over the last decade.

When faced with a dispute, business people are learning that, whenever possible, it is more advantageous to reach practical and private agreements than to fight for years and spend huge amounts of money in courtroom battles. Due to the vast amounts of time and money involved in the trial process, the Italian business communities have increasingly turned to legal alternatives that are more prompt, private and economical than the courtroom. Alternative Dispute Resolution (ADR) refers to the wide spectrum of legal avenues that use means other than trial to settle disputes.

The main ADR alternatives to civil litigation are negotiation, arbitration, conciliation and mediation. Other, more particular ADR processes available are early neutral evaluation, mini-trial, summary jury trial, and the judicial settlement conference. Disputing parties use these ADR methods because they are expeditious, private, and generally much less expensive than a trial. While each of these ADR processes may be effective in various circumstances, mediation has proven to offer superior advantages for the resolution of disputes that resist resolution. In comparing the use of ADR processes in the U.S to those available in Italy, it is paramount to recognize the fundamental legal difference between the two nations; the American common law system is very different from Italy’s civil law system. Despite that basic difference, both countries have the concept of arbitration firmly entrenched within each of their respective legal systems, as an alternative to the courtroom. While mediation is a concept widely used in U.S., it has yet to truly benefit the legal community in Italy as a viable means to settle disputes. In Italy, mediation is a concept that is often mistakenly

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confused with conciliation; although the two methods have similar aspects, they are fundamentally different. To appreciate the differences between arbitration, mediation, and conciliation, it is helpful to explain them separately.

I—Arbitration Arbitration is an ADR (alternative dispute resolution) method where the disputing parties involved present their disagreement to one arbitrator or a panel of private, independent and qualified third party “arbitrators.” The arbitrator(s) determine the outcome of the case. While it may be less expensive and more accessible than trial, the arbitration process has well-defined disadvantages. Some of disadvantages include the risk losing, formal or semi-formal rules of procedure and evidence, as well as the potential loss of control over the decision after transfer by the parties of decision-making authority to the arbitrator. By employing arbitration, the parties lose their ability to participate directly in the process. In addition, parties in arbitration are confined by traditional legal remedies that do not encompass creative, innovative, or forward-looking solutions to business disputes.

According to the Italian Civil Procedure Code (I.C.P.C.), parties in conflict may chose neutral arbitrators to decide and settle a dispute between them, as long as those disputes are not already of the type designated to be handled within the court system. In Italy, arbitrators are generally attorneys or law professors, and are chosen by disputing parties in respect to their experience and competence in specific areas of law. When a disputed matter is to be given to a panel of arbitrators, each party selects their own arbitrator, and together, both arbitrators appoint a third one as the president of the panel. If they able to agree on a common choice, the parties may instead appoint and utilize one sole arbitrator to assist with the dispute. Typically, to use arbitration in Italy, there must be an “arbitration clause” already written into contract that exists between the two parties. The procedures that the arbitrator or the panel must follow during arbitration are inserted along with these contractual arbitration clauses. Without this contractual arbitration clause, parties may agree once a dispute surface, to allow arbitrators to hear and resolve their disputes; this in know as a “compromise agreement” (compromesso).

Generally, the procedural rules regarding Italian arbitration are formal but not as strict as the ordinary procedural rules that govern litigation. Technically, the process of arbitration concludes with a decision called an “award” and possibly an agreement to deposit that amount within 1 80 days from the date the arbitrator accepted the dispute. In reality, however, the conclusion of an arbitrated dispute is a debatable topic, since arbitrators can prolong the process for a long time.

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The power of an arbitrator or panel of arbitrators is granted directly by the parties. By including contractual arbitration clauses, parties are agreeing to the resolution of their disputes through a process that consists of very simple proceedings, which are similar, but not equal to the traditional route of litigated settlements. The arbitral award that concludes a dispute has the same value as an ordinary judicial judgment, on the condition that parties will proceed with the next formal step of registering this private decision with the Italian Court of Appeal.

II—Mediation Mediation is an ADR method where a neutral and impartial third party, the mediator, facilitates dialogue in a structured multi-stage process to help parties reach a conclusive and mutually satisfactory agreement. A mediator assists the parties in identifying and articulating their own interests, priorities, needs and wishes to each other.

Mediation is a “peaceful� dispute resolution tool that is complementary to the existing court system and the practice of arbitration. Arbitration and mediation both promote the same ideals, such as access to justice, a prompt hearing, fair outcomes and reduced congestion in the courts. Mediation, however, is a voluntary and non-binding process - it is a creative alternative to the court system. Mediation often is successful because it offers parties the rare opportunity to directly express their own interests and anxieties relevant to the dispute. In addition, mediation provides parties with the opportunity to develop a mutually satisfying outcome by creating solutions that are uniquely tailored to meet the needs of the particular parties. A mediator is a neutral and impartial person; mediators do not decide or judge, but instead becomes an active driver during the negotiation between the parties. A mediator uses specialized communication techniques and negotiation techniques to assist the parties in reaching optimal solutions.

Mediation is a structured process with a number of procedural stages in which the mediator assists the parties in resolving their disputes. The mediator and the parties follow a specific set of protocols that require everyone involved to be working together. This process permits the mediator and disputants to focus on the real problems and actual difficulties between the parties. Moreover, the parties are free to express their own interests and needs through an open dialogue in a less adversarial setting than a courtroom. The main aim of mediation is to assist people in dedicating more time and attention to the creation of a voluntary, functional and durable agreement. The parties themselves posses the power to control the processthey reserve the right to determine the parameters of the agreement. In mediation, the parties also reserve the right to stop anytime and refer a dispute to the court sys-

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tem or perhaps arbitration.

In addition to economic and legal skills, mediators are professionals who possess specialized technical training in the resolution of disputes. A mediator plays a dual role during the mediation process- as a facilitator of the parties' positive relationship, and as an evaluator adept at examining the different aspects of the dispute.

After analyzing a dispute, a mediator can help parties to articulate a final agreement and resolve their dispute. The agreement at the end of the mediation process is product of the parties’ discussions and decisions. The aim of mediation is to find a mutually satisfactory agreement that all parties believe is beneficial. Their agreement serves as a landmark and reminds parties of their historical, confrontational period, and ultimately helps them anticipate the potential for future disputes.

Generally, an agreement reached through mediation specifies time periods for performance and is customarily specific, measurable, achievable, and realistic. It is advisable for the parties to put their agreement in writing to create tangible evidence that they accomplished something together. The written agreement reminds the parties of their newly achieved common ground and helps to prevent arguments and misunderstandings afterward. Most importantly, a written agreement provides a clear ending point to the mediation process. The agreement binds the parties contractually.

In case of disputes concerning compliance with the mediated agreement (e.g., whether a party carries out an agreement) or implementation of a mediated agreement (e.g., disputes concerning the precise terms for carrying out an agreement), the agreement is enforceable as a contract, as it would be in cases of the non-fulfillment of any ordinary contractual provision. Enforceability is necessary for mediation, as an ADR process, to possess any legal strength or to impose any liability on the parties. It should be noted that, in the United States, compliance with mediated settlement agreements is high because the parties, themselves, create the terms of the settlement agreement. Thus, enforcement proceedings are relatively rare because the parties voluntarily carry out their own agreements.

According to art 1 965 of the Italian Civil Code, a mediation agreement is characterized as a transactional contract. A transactional contract is one in which the parties, with concessions to each other, resolve and terminate the present dispute between them. With the same contract, they also resolve the issues that can arise in the future. Disputing parties can initiate mediation anytime, whenever they believe it would be beneficial. Disputes reach mediation in a number of different ways such as through consent of the parties, a mediation clause in a contract, or even a court order. Parties to a contract may be required to submit a dispute to mediation according to insertion mediation clauses in their contracts. Under such a clause, the parties usually retain the right to choose their mediator and to schedule the mediation session on

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mutually agreeable date.

Mediation clauses, in contrast to arbitration clauses, are not “vexatious clauses�. If the parties do not arrive at any settlement agreement as a result of the mediation process, they are always allowed to go to arbitration or litigation; thus, mediation does not deprive parties of their right to due process. A contractual mediation clause is not vexatious, because the parties can always take their dispute through the ordinary judicial channels or utilize arbitration for resolution, without any penalty for doing so.

There are some particular advantages that exist in choosing an alternative method of dispute resolution (ADR) such as mediation or arbitration, as opposed to pursuing ordinary judicial proceedings. The first advantage concerns the all-important consideration of economics and the daunting costs of resolving disputes; arbitration and mediation proceedings are by far cheaper in monetary expense than ordinary judicial proceedings. Mediation fees vary in accordance with the hourly rate of the mediator and the length of the mediation session, and are usually shared equally by the parties participating in the mediation. Another important advantage of alternative dispute resolution proceedings is in the decreased time these proceedings customarily take as opposed to the traditionally litigated dispute. Mediation is regarded to be more time-efficient than even arbitration, since proceedings have the potential to come to a productive close in under 3 hours. Mediation is not as formal as arbitration, and there are a variety of mediation techniques available and employed depending on the mediator's personality, the parties' personalities, and the complexity of the dispute; mediation is an incredibly flexible yet functional process. What substantially sets mediation apart from traditional judicial proceedings and even arbitration is that the parties strive personally to find common ground, and they work to develop mutually agreeable solutions directly with each other and without any exterior imposition of a decision by a judge or arbitrator. The efficiency of then mediation process is evident in that it aims to avoid further complication of the dispute and animosity between the parties- a mediator actively uses specialized communication and negotiation techniques to guide the parties to the realization of a mutually beneficial agreement.

Another advantage of mediation, specifically, is that is seeks to generate an agreement that is realistic, which takes into consideration the financial condition of the parties as well as all other relevant circumstances and factors. Again, mediation is a voluntary process and often it produces such desirable results because it permits parties to express their own interests and anxieties directly, while helping them to create a suitable solution.

Generally, choosing arbitration or mediation is attractive to parties because they get to participate in these proceeding more directly than they would in a cour-

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troom or in a litigated dispute proceeding. However in arbitration, the arbitrator still makes the final determinations of fault and compensation, and the parties must accept those decisions as though they were made by a judge. Also, an arbitration proceeding is governed by formal rules and the role of parties' attorneys is still central to the representation of their interests. With a mediator’s help, the parties are increasingly empowered to participate directly in the process and determine the outcome of their own dispute, thus regulating and protecting their own interests.

Another important difference between arbitration and mediation exists in regards to choosing the neutral party. In choosing an arbitrator, the parties seek to select an individual that possesses particular legal skills, knowledge and competence.

With the exception of non-binding arbitration in Italy, the arbitrator determines that outcome of the dispute according to traditional legal principles, so the arbitrator must be highly knowledgeable in the relevant area of law. In mediation, the selection of a mediator can be made among individuals with a variety of degrees and particular experience or specialized training in the mediation of disputes. Mediators are often described as experts in the process (of mediation), although it is generally helpful to designate a mediator with some degree of subject matter knowledge as well. Ultimately, mediation is a collaborative effort by all involved, and to arrive at a satisfactory outcome, it includes the willing cooperation and respect of all parties.

The mediation process is both informal and confidential. In contrast to arbitration and its relatively formal rules of evidence and procedure, mediation is flexible in terms of evidence, procedure, and formality. Both procedures are confidential as the parties allow a neutral third- party to discuss or decide the dispute without the exposing the parties’ dealings to public scrutiny or judgment. Specifically, the statements of a party during mediation are confidential and may not disclosed without written consent. Generally, confidentiality in mediation also extends to documents specifically prepared for mediation, such a mediation briefs. Confidentiality is paramount to the effectiveness of the mediation process--it creates an atmosphere where all parties are increasingly comfortable to discuss their dispute without fear that their words will be used against them at a later date. Confidentiality promotes open communication about the issues involved between the parties.

In regards to the logistics of the confidentiality component of mediation, there are varied rules and customs. In Italy, because mediation is new and generally unregulated by legislators, the parties will sign a confidentiality agreement prior to the commencement of a mediation session. The pre-mediation confidentiality agreement will have the force and effect of a contract acknowledging confidentiality as an integral element of the mediation process.

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III—Conciliation Conciliation is another dispute resolution process that involves building a positive relationship between the parties of dispute, however, it is fundamentally different than mediation and arbitration in several respects. Conciliation is a method employed in civil law countries, like Italy, and is a more common concept there than is mediation. While conciliation is typically employed in labour and consumer disputes, Italian judges encourage conciliation in every type of dispute. The “conciliator” is an impartial person that assists the parties by driving their negotiations and directing them towards a satisfactory agreement. It is unlike arbitration in that conciliation is a much less adversarial proceeding; it seeks to identify a right that has been violated and searches to find the optimal solution. Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory common agreement. Although this sounds strikingly similar to mediation, there are important differences between the two methods of dispute resolution. In conciliation, the conciliator plays a relatively direct role in the actual resolution of a dispute and even advises the parties on certain solutions by making proposals for settlement. In conciliation, the neutral is usually seen as an authority figure who is responsible for the figuring out the best solution for the parties. The conciliator, not the parties, often develops and proposes the terms of settlement. The parties come to the conciliator seeking guidance and the parties make decisions about proposals made by conciliators. In this regard, the role of a conciliator is distinct from the role of a mediator. The mediator at all times maintains his or her neutrality and impartiality. A mediator does not focus only on traditional notions of fault and a mediator does not assume sole responsibility for generating solutions. Instead, a mediator works together with the parties as a partner to assist them in finding the best solution to further their interests. A mediator's priority is to facilitate the parties' own discussion and representation of their own interests, and guide them to their own suitable solution—a good common solution that is fair, durable, and workable.

The parties play an active role in mediation, identifying interests, suggesting possible solutions, and making decisions concerning proposals made by other parties. The parties come to mediator seeking help in finding their own best solution.

Also the role of the attorneys is different in mediation. Attorneys are more active in mediation in generating and developing innovative solutions for settlement. In conciliation, they generally offer advice and guidance to clients about proposals made by conciliators. Conciliation and mediation both look to maintain an existing business relationship and to rekindle a lost balance of power between two parties. These concepts are sometimes used as synonyms, but they do indeed vary substantially in their procedures. In mediation, the mediator controls the process through different and

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specific stages: introduction, joint session, caucus, and agreement, while the parties control the outcome. By contrast, in conciliation the conciliator may not follow a structured process, instead administering the conciliation process as a traditional negotiation, which may take different forms depending on the case. Conciliation is used almost preventively, as soon as a dispute or misunderstanding surfaces: a conciliator pushes to stop a substantial conflict from developing. Mediation is closer to arbitration in the respect that it “intervenes” in a substantial dispute that has already surfaced that is very difficult to resolve without “professional” assistance. The parties approach mediation as an alternative method to resolve their dispute, due to the fact that they both recognize that the conflict has grown potentially serious enough for litigation.

Mediation may be used, however, any time after the emergence of a dispute, including the early stages.

Each of the ADR (alternative dispute resolution) processes addressed herein, arbitration, mediation, and conciliation, provides important benefits to parties and may be seen as complementary to the judicial process. In the United States, mediation has emerged as perhaps the most predominant ADR process because it affords the parties the opportunity to develop settlements that are practical, economical, and durable. For commercial disputes, mediation also offers the opportunity to create innovative solutions to business disputes that further the unique interests of the parties in an analytical framework that is broader than traditional legal rights and remedies. In this sense, the mediation process may be used to secure “business solutions to business disputes” because it encourages the parties to consider all the dimensions of a dispute, including both legal issues and business interests. In all parts of the world, including North and South America, Asia, and India, large and small commercial entities are recognizing the business benefits of mediation. According to international and European trends, mediation is emerging as an effective and often preferred method for private commercial companies and government agencies to fulfill their organizational objectives by privately and promptly resolving disputes in a manner that saves time, money, and business relationships.

Very recently the European Commission published a written resolution in which—clearly—says positively about Italian mediation laws, making clarification among the ADR operators. Other attacks against mediation were done asking the attention of the Italian Constitutional Court which has been interested about a judicial request for unconstitutionality of the Italian mediation law. The request is based upon some points as, for instance, the alleged unconstitutionality of the procedure which impose - for some conflicts – a mandatory mediation process. Another point is the

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one which doesn't impose the mandatory assistance of a lawyer for every kind of mediation: lawyers would like to be present in every civil and commercial mediation, to help clients to be prepared to better negotiate.

During the last period, the hostility against mediation pursued by the majority of lawyers has reduced its negative impact, reaching significant advantages for a real growth of mediation, because some of them are now in favour of mediation and because the accountants and other professionals have built ADR Bodies, and have trained many colleagues as mediators among their professional categories.

Before the last Italian law on mediation (the Legislative Decree n. 28 of 4th March 201 0), the mediation procedure was more commonly known as closer to brokerage and/or to family law. A part from the new law, the word “mediation” has made inroads among the Italian operators and is the word officially adopted in the Italian official text of the EU Directive 2008/52 about civil and commercial issues.

Nowadays, the word “mediazione” is applied on civil, commercial, corporate, financial, banking, insurance, family, environmental, criminal and social disputes, while the word “conciliation” is still applied on endo-judicial, labour, and consumers disputes.

6. SOCIAL AND COMMUNITY MEDIATION: CONTEXTS OF INTERVENTION María Pilar Munuera Gómez1

I—Foundation In this history of community social intervention there are references of Social Work which have promoted innovation and the progress of humanity where the repetitions of professional intervention were at first considered innovations (Ricardo Hill, 1 992:20).

We define social innovation as a process or program which changes the basic routines, resources or beliefs of the existing social system. A good example can be found in the work done by Count Rumford or Benjamin, Graf von, Thomson 2 in Munich to change the lives of 1 800 poor people and establish “social happiness” in the city thanks to the participation of 30,000 inhabitants of said city (Rumford 1 800:61 ).

In both volumes of his Political, Economic and Philosophic Essays published in spanish in 1 800 and 1 801 his project is described; it managed to end mendicity and poverty in the city of Munich. His innovative experience as a physicist and inventor brought him Social Work Graduate.Bachelor of Sociology. Social worker, psychiatry specialist and expert in systemic inquiries.Presentation delivered In the scope of Training Sessions of the University of Coimbra on Community Social Mediation, under the ABSM Project.

2 Count Rumford was born in Vosburn, Massachusetts in 1 753 and died in Anteuil in 1 81 4. Man of science and english politicial. His remarkable investigations about the cohesion of bodies and the expansive force of gunpowder.To measure it, in 1 797 he inventented the Rumford device. His work produced important discoveries about heat and light. He took interest in discovering an economical means for heating and he was the first one to realice that the secondary colorus when yuxtaposed produce a very pleasant sensation. His innovative capacity also extended to cooking since he designed an economical kitchen with new cooking elements.

1

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to the social arena proposing an ample social reform regarding people in need which was revolutionary for his time and which resulted in the recuperation of Baviera. This intervention was carried out at three levels: • Political: Administrative organization with representatives of all levels of society and authorities. To achieve this, five “Departments” were created with distribution of responsibilities and control in the execution of their tasks.

• Econ omic: Set up of an institution which offered jobs, food and attention to the sick, mothers to be and children 3 . He incorporated inventions of his own like the famous “Rumford oven” which allowed to reduce the use of fuel resulting in savings.

He designed healthy diets for his industries with the use of potatoes having previously introduced its growth 4, which led to an adequate diet at a low price.

• Humanist: He organized a better lifestyle for paupers and for the poor through their incorporation to the workforce which caused their self sufficiency. He obtained this objective thanks to the participation of all the citizens of Munich through an organization conceived to eliminate poverty in the city and allow for “social happiness” (Rumford, 1 800). This experience can be seen as one of the first in the field of sustainable development in a city.

Later other experiences have marked the capability of the community to solve its own needs. Along these lines the work of Octavia Hill (1 838-1 91 2) is noteworthy. Responsible for the so called “Hill housing system”, which was a plan for the reconstruction and rehabilitation of rental properties, set in the poorest suburbs of London, so that they could later be rented at low prices to the workers and their families providing them with decent and clean housing. The Barnett5 spouses set up a centre where young university students coexisted with youth from suburbs so as to He offered employment (meals included) and education (with incentives and motivation) to the por in a textile industry which managed to export its production to Italy. The control carried out in the factory, both in the production of texties as well as in that of food elements was noteworthy (Rumford, 1 800).

Such accounting methods were published in his works so it could be used as an example in other cities, as well as in the city´s bulletin boards so as to grant the process with transparency to the centre (regarding people being taken care of, help received, collaborators, amount of textile produced, pieces of bread produced, etc). This accounting allowed awareness of the help being recieved. It also avoided fraud.

4 These diets are published in the First Volume of the “Essay, third about food, and with specialty on upkeeping of the por”. Througout its 84 pages he explains different récipes and the principles used to sabe.

5 Samuel Barnett, born in 1 844, died 1 91 3) and Henrietta Barnett (1 851 -1 936). They create the University Settlements Association which considered that the main help was through uniting the population and 3

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transmit knowledge and development. This experience is taken as the starting point of Social Work regarding groups of community organization, leading a vital role in the Social Reform of the time. This experience is carried out in North America in 1 887 first by Stanton Coit and Charles B. Stover (Friedlander, 1 969:1 1 7) with the founding of “University Settlement House of New York” centre, although the best known centre has been the Hull House of Chicago (1 899) created by Jane Addams and Ellen G. Star and an ample cast of collaborators who made participation in the community a reality to millions of ilegal immigrants arriving in Chicago. Eduard C. Lindeman 6 (1 885-1 953), member of J. Addam´s Hull-House, professor in several american universities, in: “The Community: an introduction to the study of community leadership and organization (1 921 ) describes the power that participation in a community has, becoming a theoretical reference to the promotion of community which has amongst its objectives: social order, economic well being, physical well being, leisure and free time, ethical values, freedom of expression, democratic organization, spiritual and religious motivation (VVAA, 2004,1 83) aiming to promote mutual help activities in the practice of social work for the access to education and culture/leisure.

In the present context, caracterized by the lack of communication, the demand for profesionals who resolve conflicts by means of dialogue and mutual understanding is growing, developing in varied áreas of social and community mediation.

II—Social and Community Mediation Social and community intervention is seen as the way to promote social cohesion and contribute directly to the inclusion of less favoured groups using the very same social environment where they interact (Lara, 201 3). Social services have also got to adapt to social, economic and legal changes, which are constant in modern societies, adapting its structures so that they are operative in the attention of their soincreasing bonding to promote change in society. It was the first settlement house (initiative of Social Work center) after the publication of “university settlements in our great towns” known as Toynbee Hall in London in 1 884.

6 A relevant figure in american Social Work, was born in St. Clair (Michigan) may 9, 1 885. It is interesting to point out that her education begins at the Michigan Agricultural College in a special secondary school program.After several varied professional experiences Lindeman stands out for defending the democratic ideals and for achieving effective citizen participation in political life fighting against ignorance and in favour of social justice, the right to vote, equality of opportunities and community action.

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cial objectives. Known successes show the efectiveness of community mediation in increasing the community´s potential in alternative proposals which strengthen the participation of citizens (parties). (Neves, 2001 ). The following figure (table 1 ) shows the different areas where community and social mediation is applicable in relation to the various contexts where it is carried out.

For some authors the question is not to distinguish iwhich context or area mediation fits in to (community, social, family, school, criminal, etc) but to allow the discipline an ample vision which projects it as a priviledged element amongst the possibilities to generate change amongst social relations, either starting from a conflict or developing from situations of social management (Nato, Rodriguez y Carbajal, 2007: 205).

Conflict has always existed; human beings are beings whose social needs and Table 1 — CONTEXTS OF COMMU NITY AND SOCIAL MEDIATION LEGAL

FAMILY

CONTEXT

CONTEXT

SOCIAL CONTEXT

CONTEXT

Criminal or

Inter-generation

Community

Neighbour

Civil

Mediation

Mediation

relations

Mediation

Mediation

Mediation

Intercultural

involving

Mediation

youth

Environmental

offenders

Mediation

Labour/Workp

Multicultural

Mediation in

Mediation in

lace

family Mediation

schools

University

Mediation

PROFESSIONAL

Mediation in student council Primary and Secondary Schools

LEGAL

FAMILY

CONTEXT

CONTEXT

SOCIAL CONTEXT

PROFESSIONAL CONTEXT

Administrative

Intercultural

Intercultural

Mediation

Mediation

Mediation in

255

Police Mediation

education Intercultural Mediation in health services Intercultural Mediation wherever it arises

Mortgate Mediation

Mediation in

Mediation in

health issues

prisons

in the

with HIV+

criminal

population

system context

Mediation in

Mediation

Mediation

Mediation in

Health

involving people

involving

health care

context

with disabilities

mental health

organization

patients

Consumer

Pharmaceutical

Mediation

product

Arbitration

mediation

Own elaboration

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APPROACHES ON SOCIAL AND COMMUNITY MEDIATION: LINKING THEORY AND PRACTICE

interests depend, directly or indirectly on those around them; when two or more people pursue the same interest or conflicting (excluding?) interests it is possible that disagreement and therefore conflict, arises. Community conflict therefore becomes an inevitable and recurrent element in life. We are immersed in a society where the need for the administration´s intervention to regulate conflict increases. Evidence shows that there is a growing need to return the spotlight to the citizens, with new formulas that maintain ethical concerns in difficult times and above all which receive an efficient and responsable response from professionals (Rondón y Alemán, 201 1 ).

In this context where the complexity and diversity of conflict increases, social mediation becomes necessary as a means of conflict resolution, where dialogue and negotiation become decisive instruments of social learning and transformation of individual perception. Chosing social mediation is a social alternative, an opportunity of healthy and constructive negotiations which also warrants minimizing the negative effects of a problem or conflict. Mediation as social intervention intends to identify the reasons for the conflict through the intersection of persuasion and negotiation.

Between the professional profiles of social workers and mediators we can point out a slight methodological difference in the porcess of (social) mediation and the possible attitudes or mediating strategies that are given in different forms of social intervention (Ramos, 2003:75) which are shown aside in table nº 2.

It is easy to note the difference between both profiles, based on the object of the professional intervention. The objective of Social Work is the study of needs, social problems and especially the achievement of human rights, Social Works is a profession based in the practice and an academic discipline which promotes social change and development, social cohesion and the strengthening and freedom of individuals. The principles of social justice, human rights, coleective responsibility, the respect of diversity are fundamental elements of social work. Backed by social work theories, social sciences, humanities and indigenous knowledge, social work involves individuals and structures in order to face life´s challenges and increase wellbeing (Federación Internacional de Trabajo Social (FITS), 201 4). This kind of intervention is wider and more complex than the specific intervention in social mediation conflict resolution, although both favour the construction of participative citizenship.

Mediation creates an alternative route to the judicial system in processes of divorce or separation beginning with the agreement of the parties. This alternative allows the maintenance of a united parental system regarding the caring and attention

Table 2 — RELATION BETWEEN SOCIAL WORK AND SOCIAL MEDIATION 257 MEDIATION

SOCIAL WORK Type of Professional

Help

Service/Contract

Relation

Problem solving in personal

Alternative route to legal system

relationships from the perspective

Concrete interventions in the

of defense of human rights and

resolution of present conflict

social justice.

Long term interventions in society Object

Problem solving, taking care of

Agreement

Professional

social needs, human rights

Resolution of conflict Improving relationship

Intervention Subjetc of the Intervention

Individual, group and community

Parties to the conflict (citizen/group/community)

Degree

Social Work

Mediation specialist

Professional

Social Worker

Mediator (specialist in mediation)

Institutions

Universities

Universities, Professional Schools,

Degree certfied by ANECA

private schools, associations; content

(National Agency for Quality and

is determined by law and by the

Evaluation, Ministry of

European Forum on family

Education)

mediation

240 ECTS (european credits)

Mediation legislation mínimum of

Degree requisites

1 00 hours 7 Intervention

Limitless

Techniques o

Related with intervention model

Strategies

and procedures

Arbitration

Own elaboration

Guidelines for national training established by el Real Decreto 980/201 3, de 1 3 de diciembre, por el que se desarrollan determinados aspectos de la Ley 5/201 2, de 6 de julio, de mediación en asuntos civiles y 7

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of the children catering for their wellbeing in the new system of protection (Munuera, 201 3). The methodology of interevention in social work includes mediation in the different activities that the social worker puts in practice for the resolution of the problem. Mediation is situated therefore, amongst the various activities (or roles) which make up social work interventions8 .

III—Conclusions Mediation can be considered as a “specific form of professional intervention which deals exlusively with the conflict which the parties present which is where the professional centers his/her attentiion; it doesn´t deal with any other problem affecting the systems where it acts (García-Longoria, 2006:4). The social worker helps based on a relationship of rights and duties collected in the various social work codes and laws stemming both from local and international professional associations A social worker aims at the social wellbeing of society. A community mediator presents a personal vision, both in conflict management as well as in the intervention towards healthy coexistence. Specific training is needed to act as a mediator. In Spain such training can be obtained through various means: Specialist Courses, independent Masters degrees, and Official Masters degrees (García-Longoria 201 3:76). Community mediation functions under the following principles: 1 . Parties are made responsable for the resolution of their conflict 2. Understanding of present reality as well as projection into the future in order to frame the solution 3. Participation, a citizen´s right, since it is a condition and a possibility of managing the conflict 4. Equality of all parties 5. Use of resources based on sustainability and care of the environment 6. Cooperation amongst the parties; they are the ones who have to find criteria to reach an agreement and have to cooperate towards the construction of the solution (Casanovas, Magre, y Lauroba, 201 1 ) Demand for mediation is increasing, showing the desire of citizens to find friendly and agreed solutions to the conflicts that arise both in their couple and family relationships and thus avoiding lengthy judicial processes. mercantiles (Royal Decree 980/201 3, of 1 3 December, amending certain aspects of Law 5/201 2, of July 6, mediation in civil and commercial matters develop).

8 See Teare and Mcpeters, (1 970), Mayer (1 995), Germain y Gitterman (1 996)

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Bibliography

Casanovas, P. Magre, J. y Lauroba, M. E. (directores) (201 1 ). Libro Blanco de la Mediación en Cataluña. Barcelona: Generalitat de Cataluyna.

Friedlander, Walter A. (1 984). Dinámica del Trabajo Social (5º Ed. ). Pax México. México. Orig. 1 961 .

García-Longoria, M. P.: (201 3). La formación en mediación y el trabajo social. Servicios Sociales y Política Social, 1 01 , 69-81 .

(2006). La mediación en el currículo académico de Trabajo Social. Revista Acciones e Investigaciones sociales, nº extra.

Hill, R. (1 992). Nuevos paradigmas en Trabajo Social. Siglo XXI. Madrid.

Lara, S. (201 3). Gramatiques de la Convivència. Aproximació als processos de

participaó ciutadana a través d´una experiencia grupal comunitària als barris de La Salut i Llefià (Badalona) . Revista de Treball Social. Abril, 201 3, nº 1 98, 1 44-1 49.

Munuera, M. P. (201 3). Indagación Apreciativa. Una arquitectura presente a lo largo de la historia del Trabajo Social, en Alburquerque, C., Almeida, H., y Santos C. (201 3) Serviço Social: Mutaçóes e Desafios Atuais. Portugal: Universidade de Coimbra.

Nato, A.M. Rodríguez, M.G. y Carbajal, L.M. (2007). Mediación comunitaria: conflictos en el escenario social urbano. Buenos Aires: Editorial Universidad Neves Almeida, H. (2001 ). Conceptions et Pratiques de la Médiation Sociales.

Les modèles de mèdiation dans le quotidien proffessionnel des assistants sociaux. Coimbra (Portugal) : Fundaçao Bissaya-Barreto Ramos, C. (2003). Mediación social: un espacio para la resolución de conflictos.

Políticas sociales en Europa, nº 1 3-1 4, pp. 71 -88 Rondón, L. M. (201 3). Mediación Social y Trabajo Social. Una construcción en común desde la perspectiva de la epistemología creativa. Servicios Sociales y Política Social 1 01 , 37-50.

Rondón, L.M. y Alemán (201 1 ). La mediación familiar en la formación del trabajo social. Portularia, 1 1 (2), pp. 23-32.

Rumford, (1 800). Ensayos Políticos, Económicos y Filosóficos del Conde Rumford. Tomo I. Traducido por Domingo Agüero y Neira. Madrid: Imprenta Real.

Rumford, (1 801 ). Ensayos Políticos, Económicos y Filosóficos del Conde Rumford. Tomo II. Traducido por Domingo Agüero y Neira. Madrid: Imprenta Real.

VVAA (2004). Pioneros del Trabajo Social, una apuesta por descubrirlos. Exposición bibliográfica. Huelva: Universidad de Huelva.

7. RE-BOUNDING, FACILITATING RELATIONSHIPS: THE ROLE OF COMMUNITY MEDIATION Francisco Javier Domínguez Alonso 1

I—Introduction Mediation, and community mediation in particular, has much to do with individual freedoms: In which aspects and how can community mediation facilitate the freedom of individuals? Is freedom an exclusively individual prerogative or it is developed and reinforced through the binding to others?

It seems to be accepted that the person is free to do as they want as long as the decision they decide to make only affects that person. However, if their actions damage other individuals, their decision shall not be permissible and therefore, the old and almost popular saying “One person’s freedom ends where another person’s freedom begins” is still valid. This “cold and distant” conception of conceiving freedom seems to take the individuals to an island, and to turn the small and big societies they form into a conglomeration in which individual freedom and individualism prevails above all.

Without going more deeply into the topic of freedom, I am one of those who think that this individual freedom is developed and brought to its fullness through the others and with the others. We are freer individually. “Me” is actually a “Me—You”, according to the course of thought by Martín Buber (2000). We are not Robinsons Crusoe. We are and become free “in community”, in relationship with others: “a legitimate being is as being as me” (Maturana, 1 990) In this way, community mediation intended to turn the “Others” into a “You” in order to get an “Us”.

The development of listening, welcoming and empathizing attitudes: participation and solidarity, willingness to consensus and mutual understanding is a challenge Senior Lecturer.Presentation delivered In the scope of Training Sessions of the University of Coimbra on Community Social Mediation, under the ABSM Project.

1

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that might seem truly difficult in our current society. The development and practice of mediation in the different community scenes is, without a doubt, an excellent opportunity for the “community reconstruction” of “foreigners and natives”.

Mediation is an excellent option when those people involved in a conflict have to keep being in contact, and so is the case of the conflicts within the members of the same community. Community mediation provides a space to resolve differences and conflicts among individuals, groups and organizations of the community in which it is developed.

An effective communal living in a society, either small or big, is based on the field of effective interrelationship in the different aspects of daily life: neighbor communities, districts, schools, workplaces, amusement, in our daily cohabitation of our quotidian living, breaking away from isolation, unawareness and lack of communication.

Community mediation aims at rebuilding identities and overcoming conflicts through the reinforcement of social bonds. Community mediation resolves conflicts and bonds within the community, facilitating and/or re-establishing the communication among the neighbors, as J.F. Six states: “Mediation that due to its own character, is aimed at the creation of bonds or fixing bonds thanks to the active presence of a third independent party that has no power, can contribute proportionally and more specifically with the consolidation of the social fabric of all the relationships among the individuals”. (National association Médiateurs dans la ville Manifesto, quoted by Six, 1 997).

II—The Society Around Us, The Community We Live In We live in a complex society where we can find many and several actors that influence both in a positive and a negative way, the life of people, groups and communities. Therefore we talk about a society at risk, a liquid society; society of uncertainty, consumption society…; although we talk more positively about: knowledge society, information society, network society, post society (industrial, modern, etc.)

Community, according to Salvador Giner (1 999), is “the dimension of society that gives an important significance to the life of men”. We claim that this fundamental form of sociability is community because it includes a community of common participation in life, and the groups which rely on it are known as communities. The association lies in formalized explicit independent social structures of the individuals who form it. The community is justified by itself, the association by the efficiency of the results.

Community is not something “a priori” but something in permanent cons-

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truction. This double tendency to the individual-community present in the individuals and the different groups (families, associations, corporations, etc.), that make up the different human groupings in our current society, requires from democratic values, attitudes and behaviours that have been included in what has been called civil society. In order for it latter to be effective it is necessary the participation of different social actors in the reconstruction of the community fabric.

Living in community inevitably involves difficult situations, confrontation and conflict. In our daily life we come across different behaviours that become troublesome in the space shared by collectivity: districts, areas and specific places of the cities or towns where we live. It is at this point when our individual freedom arises and the real democracy is exercised and developed; there is where the initiatives and community projects for the achievement of better welfare levels for the citizens take place, the acceptation and integration of the differences and those who are different; and all those things achieved through the active and close listening to the problems, expectations and wishes of the neighbors, as well as the possibility to design different community projects that satisfy the social, environmental and personal interests for most citizens from the neighborhoods and the city Mediation can play, and is actually playing, an important role in this process of social cohesion. It is an strategy, an option, an opportunity for the facilitation and creation of a space of understanding, interrelationship and coexistence between two people who live in in different territory regardless of the origin, the color or the time they have been living in that specific place or space (Neighborhood).

Community mediation resolves conflicts and bonds within the community:

“Community mediation movements allow the individuals within a community to resolve their disputes and conflicts in a simple way that emanates from the own community. This way of acting has a double effect that consists in resolving conflicts and settling the bonds in the community of residence”. (Ramón Alzate, I Community Mediation and Peace Culture Session in Getxo) Strengthen personal and social bonds, offer a neighboring coexistence model and offer a meditation service recognized by the entire community. A service where respected and recognized professionals and citizens instructed in mediation in a community context (see: Domínguez, F. J., 201 4) can carry out a welcoming work for the resolution of disputes in an atmosphere of tolerance, respect and dialogue that can transform the rigid positions taken beforehand into open positions focused on the current interests belonging to the parties to a conflict. This is what community mediation aims at.

Mediation facilitates coexistence beyond a specific and opportunistic interest (reduce the amount of work courts have to deal with, quicker reaching of agree-

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ments…). Mediation goes from seeking a deal agreed by both parties to the utopia of mediation; it is contra cultural. In a world where “an eye for an eye” prevails, mediation is part of the peace movements, both local and global. It aims at finding an agreement through dialogue and consent where there are no “winners and defeated”.

Meditation is eminently about relationships, just like the coexistence among people no matter their differences. Meditation facilitates coexistence and appreciation to the other person as a “You” in order to create an “Us”.

Bauman, Z. (2003) refers to “liquid modernity” in order to define the “volatile and fluid state of our current society without solid values, in which the incertitude triggered by the overwhelming rapidity of change has weakened human bonds. What used to be powerful nexus have now become provisional and weak bonds”, and concludes: “If there must exist a community in a world of individuals, it can just be (and it must be) a community interweaved through sharing and mutual care.”

III—Community Mediation: a Commitment to the Improvement of Coexistence Mediation is still a young plant that depends on many ups and downs and to the fact that it has settled itself –somehow- in a common tree with numerous and several disciplines: Law, Social Work, Psychology, Education, the business world, etc. It is turning into a “hodgepodge” that we use depending on our needs. However, there is nothing beyond reality. Meditation has its specific field of study inside each of those branches to work on different aspects, difficulties and conflicts experienced by people, families, neighbors, groups, institutions, etc., that are stuck when it comes to communication between parties. In these situations, mediation can play an important role.

We will now see some definitions from important authors about this field of study in order to dig deeply into this reality:

III.1—Towards a Community Mediation Definition • Mediation is a non-adversarial voluntary method for the management of conflicts that includes a neutral third party, the mediator. The mediator is responsible for trying to help the parties involved in a conflict negotiate a satisfying resolution for everyone through cooperation.

• Conflict is a consubstantial part of mediation. It must be taken into account that a badly managed or badly resolved conflict can trigger negative and unpredictable consequences even though it might not seem like anything important at first. Therefore, it is necessary to adopt a preventive intervention in order to minimize

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the escalating risks of a conflict and maximize other people who might not be implicated in a conflict at first but who get involved because of different reasons or because of personal, family, cultural, national relationships.

• Conforti, F. (201 4) defines mediation as a “more or less structured conflict management process in which a third party gets involved. This party help those parties seeking satisfy their expectations and needs through coordination and cooperation in accordance to the conflict we are dealing with”.

In short, mediation consists in a voluntary flexible participative process for the pacific resolution of conflicts through which the parties meet a third party (the mediator) that will assist them throughout the entire process until they reach an agreement that satisfy the interests of both parties.

There are two types of mediation which are named differently depending on the different authors (Domínguez, F. J., 201 4). One of these authors is Gómez Rollón, G. (Coord.), (201 3:1 8), who states: a) Preventive Mediation: It aims at integrating and assimilating the mediation culture, the pact and the agreement in all the members of a community, both public and private. It develops the basic abilities that foster the pacific coexistence among citizens. The participative culture promotes the respect for the differences and the respect to all opinions, as well as dialogue. In short, it tackles conflict as a positive chance for change. b) Decisive Mediation: The creation of an institutionalized space for the management and resolution of interpersonal conflicts or conflicts between the parties through trained professionals mediating in a space recognized by the community, in order to prevent conflicts from turning into violent actions and confrontation among people who have to keep living together.

As we can see, this double typology is pretty similar to what it has been said, and especially to the types of mediation proposed by Bonafé Schmitt (1 999); as well as the definition of mediation, with the four types proposed by J.F. Six: J. F. Six (1 990) differentiates four types of mediation: • Creative mediation: This type of mediation aims at the creation of bonds among people or groups who hadn’t been created previously. Preventive mediation tries to avoid conflicts arising among people or groups.

• Renovating mediation: It allows the improvement of existing bonds among groups or people who had drifted away. Curative mediation: it deals with an existing conflict helping people or implicated groups find a solution by themselves with the help of a third party.

Bonafé- Schmitt (1 999) defines community mediation as: “It is the type of mediation that brings the members of a community to-

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gether by its own means. Community mediation implicates the civil society which comprises families, associations, NGOs and enterprises with the objective to control themselves in their own conflicts. Their goal is to be able to prove the capacity of communities, not just to take responsibility but to deal with their differences before these degenerate into violent conflicts”.

European experts (Cfr: European mediation experts seminar in Cretéil, September 2000), define mediation as: “a mean to create or restore the social fabric by preventing or resolving disputes through the intervention of an independent and neutral third party that guarantees the communication between the members or parties” For Mara Morelli and Danilo de Luise’s “Genoese group”: “Community mediation is a process made up of several actions (cultural, social, educational, etc.) and aims at working in the territory and with the territory in order to go from coexistence to communal living through a positive integration principle. The diverse applied activities tend to create the conditions for a community to explore new ways to prevent, manage and transform the conflicts (Génova, 201 4).

III.2—What are the objectives of community mediation? What does it intend?

• Improve communication, mutual understanding and empathy among the members of the community (individuals, institutions and associations).

• Train the neighbors, traders and NGOs associations interested in improving their skills in negotiation and conflict resolution.

• Offer information about the resources that will allow the parties to a conflict to make their own decisions and apply their solutions.

• Prevent conflictive situations, as well as attitudes and behaviours of the population and the different groups acting within.

• Facilitate a healthy coexistence, as well as the development of the relationships and the social bonds among the members of the community that have broken because of different reasons.

IV—A Couple Of “Broken Bonds” Cases A) First case: Juan, a teenager in a protection centre Juan is a sixteen-year-old boy who arrived at the centre after experiencing a failure with a foster family. Her sister, two years older than him, was also living with

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that family. Both were taken in the same day. They both come from a South American country (see: Domínguez, F.J., 201 2).

In regards to Juan, he successfully integrated in the centre at first. However, during this last year, both his behaviour and personal evolution have got much worse: he avoids his educators, he can’t make the relationships with his partners last longer – he is almost always alone-, he is no motivated by school and he is absent most of the time, he breaks the rules assigned to the group more and more often, he has developed a criminal behaviour that only seems to get worse – he is currently undergoing judicial procedures-, he gets violent with his younger partners, he is the originator of frequent conflicts involving sexual assault in the flat.- Even though a psychological report hasn’t been developed because of his lack of cooperation, his educators have noticed psychotic behaviours, both at present and in the past, that concern them.

Taking into account these circumstances, his educators are exhausted of dealing with this boy. They have made all sort of efforts until know but they don’t know what to do anymore. On the other hand, they express how detrimental he is for the rest of the group: the increase of criminal behaviours, the scarce personal improvements he can benefit from in his current situation, and his unpredictable and concerning behaviour with an apparently impossible answer, make his educators beg the centre management for Juan to leave the apartment he is sharing with other boys and find another alternative on his own.

The centre management and other specialists do not seem to be convinced by this position and defend the attainments Juan has achieved throughout these years.

They acknowledge Juan’s efforts, as well as the tension produced by the last events, but they consider they should be more patient and wait to see how things turn out.

The educators don’t think the same way and claim that the vision they have from Juan is incomplete and partial, and therefore their opinion should prevail. They feel misunderstood and questioned by the management centre and the lack of answers to Juan’s situation is a relatively frequent situation in the world of protection centers: • There is a personal conflict arising from a series of previous experiences.

• He has recurring conflicts with his partners, both inside and outside of the flat, that make it impossible for him to develop friendship relationships.

• The conflicts with his educators happen repeatedly and have a sexual and chauvinistic background.

The facts explained in this situation bring up several questions: What should be done? What role should play the people involved play? ¿What decisions can and

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should be made? Who should make them? How should it be done, in which situation, and who must be present? And more specifically: Can mediation be a valid alternative to the resolution of this kind of conflicts? Is the educator responsible for the minor the appropriate professional for this task?

B) Second case: mother—daughter conflict, rebuilding the family life We got a phone call from a mother who is very worried about the confrontation situation with her teenage daughter with whom there was a lack of relationship and things were starting to get violent: cries, indifference, unawareness of some situations the daughter was involved in and were unknown to the mother, etc. In short, an obstacle in their relationship and the frustration not to know what to do to “rebuild” that troublesome and lost relationship, apart from other problems present in the family… (see: Domínguez, F.J., 201 3) a) The mother attended her first session alone: He expressed in an emotional and sincere way the situation she was living and how she felt about her daughter. b) A week later (thanks to the mediator) both, the mother and the daughter attended the session. c) On their first session – after fifteen days - both attended their session with a smile upon their faces and in a good mood, showing clear complicity between them. It’s amazing how easy it is to resolve a past situation and get back a lost relationship in less than a month, as it’s the case, when two people talk things over and are willing to have a conversation and understand each other! Daily life sets us traps that keep us away from our loved ones or people we live with every day. Sometimes it only takes somebody who facilitates an encounter between those two conflicted people so they can have a positive and fruitful conversation while respecting and exposing their points of view, interests and needs in depth. On other occasions, their differences are more latent, which makes it difficult for the people involved to reach satisfying agreements for everyone and finding common interests.

Final conclusion: in one of the cases, Juan failed and the centre decided to explore other alternatives for him. However, in the case of the mother and the daughter, the situation was turned around and the bonds between them were reinforced and strengthened in a short period of time.

Although consensual agreements cannot be reached, if both parties are given the chance to talk to each other and express themselves, and simply because they can have a conversation and listen to each other in a safe space like mediation, they can walk together a path of understanding and find out what is happening to them. All

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of this will help them have better relationship perspectives, respect and collaboration.

Mediation is neither a panacea, nor the only and best solution to all interpersonal problems we will come across. We shall always take into account the best option and try to become emotionally involved in the solution to our conflicts with the help from a third party acting as a mediator, seeking the professional support that might be needed. We think it is a good solution and that is, in the end, the purpose of mediation.

Bibliography

Bauman, Z. (2003). Comunidad. En busca de seguridad en un mundo hostil.

Madrid, Siglo XXI. Bonafé-Schmitt, J-P.; Dahan, J. (1 999). Les médiations, la médiation. Paris. Editions Êres.

Buber, M. (2002). Yo y Tú. Buenos aires. Argentina, Nueva visión.

Brofenbrenner, U. (1 987). La ecología del desarrollo humano. Barcelona, Paidós.

Conforti, F. (201 4). Incidencia de la Mediación de Conflictos en la Tutela Judicial Efectiva. Departamento de Ciencia Jurídica y Derecho Público (Tesis Doctoral), Universidad de Castilla-La Mancha, Facultad de Derecho Campus de Ciudad Real.

De Luise D., Morelli M. (a cura di) (201 2). La mediazione comunitaria: un’esperienza possibile . Lecce, Libellula.

De Luise D. e Morelli M., i.c.s., Contextos de inmigración y mediación: más allá del enfoque intercultural, in Atti del seminario internazionale, Análisis, Prevención y Transformación de Conflictos en Contextos de Inmigración , Universidad Autónoma de Madrid, 1 0-1 1 Aprile 201 3.

Domínguez Alonso, F.J. La Mediación Comunitaria: un derecho la ciudadanía, en Domínguez, F.J. y Mondragón, J. (Eds) (2009), Mediación Comunitaria. Una apuesta por la ciudadanía. Alicante, Limencop.

Domínguez Alonso, F.J.,( ). Teléfono de la Esperanza: “Espamedia”. ¿Un Servicio de mediación para qué? Revista e-Mediación, Mayo 201 3, vol.7, nº 1 73, pp.24-32.

Domínguez Alonso, F.J., Mediación Comunitaria y Reforzamiento de los Vínculos Comunitarios. Revista e-Mediación, Mayo 201 2, vol.7, nº 1 73, pp.24-32.

Domínguez, F.J. (201 4). Mediazione comunitaria. La esperienzia nello Comune di Alicante. (Texto en prensa, no publicado, primero de los seis capítulos que componen el libro).

Giner, S.(1 983). Crisis y renovación de la Comunidad, en Comunidades Sociales

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adultas.

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Madrid, Edit. Mezquita, 1 983.

Gómez Rollón, G. (201 3) (Coord). Mediación Comunitaria en España: Guía de Servicios y Recursos Estatal y Autonómica. Toledo, Bubok).

Mara Morelli, M. (201 4). Comunità partecipative e culture della legalità: una sfida per la mediazione . Genova, Università di Genova (Texto en prensa, todavía no publicado).

Martínez de Murgía, B. (1 999). Mediación y resolución de conflictos. Una guía introductoria. Méjico. Editorial Paidós.

Maturana, H. (1 991 ). Emociones y lenguaje en educación política. Santiago de Chile, Hachette.

Seminario de expertos europeos en mediación de Cretéil, Septiembre de 2000.

Six, J. F., (1 990). Le tempes des médiateurs. Seuil, Paris.

Six, J. F. (1 997): Dinámica de la mediación. Barcelona: Paidós.

8. SCHOOL: PEER EDUCATORS OR CONFLICT MEDIATORS Vera Joaquim

Increasingly these days, there is the awareness that the school is a stage where young people, in full development, often reveal anti-social behaviour and violence, which leads to the emergence of the creation of strategies and tools, which make it possible to harmonize the climate lived within the school grounds and slowing a “culture of aggressiveness that highlights in the modes of interaction of individuals: adults, youth and children and "develop an education for coexistence and for positive management of conflicts, in order to build a culture of peace, citizenship and are user friendliness� (Costa, Almeida & Melo, 2009, p. 1 65).

The school has been applied several approaches, which allows school playground to have an effective educational potential, growth and positive change. Two of the most developed approaches had been the Peer to Peer Education and Mediation of Conflicts in School Context.

Peer Education is an approach of health promotion, in which community members are supported to promote health-enhancing change among their peers, this is seen as a method of prevention of risk behaviour in young people, (example: sexual education programs and psychoactive substances consumption prevention) and defended at the European level. "Peer education programs can be a powerful approach to educating youth and changing their attitudes. Some studies indicate that teenagers receive most of their information about sexual expression from other youth and the media and the peer influence becomes increasingly important as adolescents mature "(Renfrew, Fothergill, Hauser, Jackson, Klindera & Hincks-Reynolds, 2002, p. 3).

The main objective of a Peer Education project, as mentioned, is to adopt ways to promote the prevention of risk behaviours or attitudes, in diverse areas such as substance use and sexuality. Between these we can include the theme of conflict between students and violence in dating.

One of the advantages of the adoption of this project is the ability to adjust

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to any cultural context, this is because it is above all a “passage of word peer to peer” which consequently results in a better social understanding. In short, “the greatest potential of peer education is based on its ability to adapt the prevention messages to local practices, to different values and needs” (Svenson, 2001 , p. 1 3).

This adjustment takes place essentially by “agents” of this project, designated as peer educators, because the direct relationship between the peers, such as the use of the same language and share similar social backgrounds or life experiences, makes these peers a source more credible and accepted, because “confident teens quickly gain respect and attention when they speak directly to other teens and give them correct information” (Renfrew, Fothergill, Hauser, Jackson, Klindera & Hincks-Reynolds, 2002, p. 1 5).

A Peer Education project, makes known its various phases, particularly their planning, implementation and evaluation. According to Svenson, young people selected, must be accepted by the target group, their personality should adapt to the training they will receive, to the tasks they must perform and must demonstrate a strong motivation to get involved in the project or receive incentives to ensure their stay in draft. (2001 , p. 36). These young people assume a compromise essentially of volunteering, for which they have got to be ready.

After recruiting, the peer educators need to develop skills that will enable them to better performance on the project, and one of the important areas is related with their training. Taking into account, Svenson defend that “what distinguishes the peer education of youth participation is the fact that peer education be given to young people who act as educators the role of expert and agent of change. To the extent that young people are trained in subjects that they dominate, compared to their peers” (2001 , p. 25) working as a reliable source of information and guidance.

In contrast to Mediation in School Context, which also can be applied in a prevention perspective, this intervenes and works in the conflict itself, and bullying is usually one of the most identified behaviours, that needs intervention. This approach has been portrayed as “a method of conflict resolution in which two parties in confrontation resorting voluntarily to an impartial third party, the mediator” (Torrego, 2003). This method is considered an alternative, to the conventional way, were, many often what is discusses is the type of punishment, to resolve the conflict in the classroom, but that doesn't resolves, just stop the behaviour for a period of time.

Mediate in the most common form is particularly encouraging cooperation, aiming to “treat” the root of the problem, by extending the family mediation to the outside community, or “working” the skills internally, addressing exclusively the mediation to peers and/or educational community. This is a process for which it is necessary to motivate the protagonists, main (that interfere directly in the conflict)

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and/or secondary (which can be a source of conflict, and it is important their participation for the resolution of the same), to cooperate in the resolution of your conflict, for which there are no recipes.

For a better implementation of mediation in schools, is defended the development of training plans of mediators at school, and the promotion of a culture of mediation, whose main objective should transform the conflict into something positive. And beyond the resolution of the conflict, is also simultaneously empower the individual skills, so that in later situations, the student can promote a positive resolution. From this perspective it can be said that mediation has a multiplier effect, because in practice you learn: social/relational capabilities; communicative capacities and attitudes; attitudes of cooperation; and attitudes of negotiation (Schnitman, 2000).

Another issue quite addressed is the fact that we need to focus on the interests and the needs of the positions of the parts, this is, because often the reason that led to the conflict, is latent in the real needs of the actors/students involved. Is then a function of mediator to know the interests of the parts, make each one understand the need of the other, entering in a cycle of cooperation that leads to positive resolution of that conflict, and meet the balance, preventing further conflicts if possible, creating new relationships or restoring broken relationships.

Finally, it should be noted that is necessarily a pre-mediation phase, in which is received and welcome the actors of the conflict, facilitating the acceptance of mediated, to subsequently improve communication for understanding and for confidence in the interests of better relations. For this to happen it is necessary by the person who mediates: active listening (listening and understanding); Empathy (understanding, according to another); Assertiveness or “messages in first person” (express yourself); and Feedback (return).

In short, in School Mediation the intention it's not to find culprits, is to find mutual understanding, in a voluntarily and cooperative form, and has in common with the Peer Education the intention of training young people, able to guide colleagues for better coexistence and understanding of realities, particularly as regards the intra health or interpersonal.

In both approaches, on training the largest beneficiaries are mainly the peer educators themselves and/or mediators, individuals (students, teachers, employees or parents) who are concerned with the problems of the institution, and who consider owning skills, which may help in the process of improving coexistence at school.

Be Peer Educator or Mediator is a process that involves working skills and practice, formally or informally, and will teach them to use tools and help with the other, is awareness “of owning a part of the problem-solving power, as well as co-responsibility for social harmony of the school” (Costa, Almeida & Melo, 2009, p. 1 65).

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These are methodologies that in a first approach seem to overlap and cannot coexist, and are inevitable try to figure out which of the two would make the best educational program. However, these can and should complement each other, that, if we take into account the Peer Educators in a perspective of prevention, acting on the implementation of projects to raise awareness of the attitudes that can be a source of conflict and Mediators in the intervention, acting on school conflict resolution, installed between peers (excluding the extreme forms of violence of bullying, among others). Never forgetting, for both, the need by adults supervision, selected by the school, and the fundamental support of the educational and psychology services, of the school.

Bibliography

Costa, E.P; Almeida, L. & Melo, M. (2009). A Mediação para a convivência en-

tre Pares: Contributos da Formação em Alunos do Ensino Básico. In Actas do X Congresso Internacional Galego-Português de Psicopedagogia. Braga: Universidade do Minho.

Renfrew, M.; Fothergill, K.; Hauser, D.; Jackson, K.; Klindera, K. & HincksReynolds, J. (2002). Guide to implementing teens for AIDS prevention: A peer education program to prevent HIV and STIs, 2nd edn, Advocates for Youth. Washington, DC Schnitman, D. F. (Comp.) (2000). Nuevos paradigmas en la resolución de conflictos. Perspectivas y prácticas. Buenos Aires: Granica.

Svenson, G.R. & Colaboradores (2001 ). Os jovens e a Prevenção da SIDA – Guia Europeu de Educação pelos Pares. Lisboa: Comissão Nacional de Luta Contra a SIDA. Torrego, J. C. (2003). Mediação de conflitos em instituições educativas. Manual para formação de mediadores. Porto: Edições Asa.

9. SUPERVISION IN THE TRAINING OF MEDIATORS Jesús Hernández Aristu

I—Mediation in complex societies Mediation as professional practice in complex societies such as the developed and democratic Western countries is becoming increasingly important. Our modern society is an individualized society and as such, it is a source of personal, social, collective and family conflicts. Mediation responds to the need to reach agreements and overcome conflicts in a rational, communicative way, achieving a winwin situation for all the parties involved without having to resort either to judges or legal and semi-legal systems such as lawyers or notaries. Thus, mediation can be defined as an external help to resolve a conflict between individuals, organisations or institutions, without which it would be difficult to come to agreements.

II—Areas of conflicts Conflicts can occur in the personal, social, community, economic, cultural sphere and its institutions.

In all these areas conflicts may arise in which the parties involved request someone who introduces elements of rationality, clarity and justice to help them reach agreements they wouldn’t have been able to reach by themselves.

III—Requirements to be a mediator Carrying out mediation involves not only mastering appropriate practical and theoretical knowledge but also some specific skills. Therefore, all mediators should be in possession of a formal University degree such as a Degree in Psychology, Economics, Law, Social and Human sciences, Pedagogy etc., and should have received

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additional training in mediation and techniques.

IV—Training programme for mediators: core knowledge / supervision The personality of the mediator is of great importance. A mediator should be emotionally balanced, able to maintain the principles of mediation such as neutrality confidentiality, impartiality and independence.

This requires a training programme that integrates 4 types of knowledge: • Cognitive: to know about, • Emotiona—relational: to know how to relate • Practical: to know how • Axiological or noetic: to know how to be The integration of these 4 types of knowledge in the personality of the trainee mediator is the main objective of supervision.

Accordingly, supervision is not only aimed at trainee mediators, but also at professional mediators.

V—Definition of Supervision In this way, supervision can be defined as a reflexive learning process involving the integration of the 4 areas of knowledge with the help of a tutor or a supervisor aimed at improving professional practice. In the centre of attention is the mediator (in training or professional).

VI—Objectives of supervision • Learn how to observe. Distance oneself from the mediation situations, the isssues and the stories.

• Learn how to deal with conflict / mediation situations • Learn how to develop creative alternatives to the situation of conflict between people • Improve tactic and methodological interventions.

• Overcome personal implications that are inherent to the activity of mediating.

VII—Methodology •

Dialogic:

trainer and trainee are in dialectical relation, instead of traditi-

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onal “banking education” (P. Freire).

• Communicative: using communication techniques • Systemic: taking into account the systems in which mediator and mediated participate.

• Reflective: Using techniques of irritation, interruption and slowing down communication.

VIII—Stages of supervision Stage 1 :

Preparation, orientation.

Objective: to build confidence between the mediator and the supervisor. To present/agree on/ plan structures, times and places, frequency of meetings (minimum 5 / maximum 1 0).

Stage 2 : Follow-up.

Reflection on the experiences as a mediator or as a trainee mediator.

Stage 3 : Follow-up and consolidation of the changes in the practice of mediation, resolution of possible conflicts the mediator encounters, training of new skills and mediation techniques, development of new and effective mediation strategies etc. process.

Stage 4 :

End of the course: saying goodbye and evaluation of the training

IX—Aspects to be taken into account in supervision The following aspects must be taken into account in supervision not only to analyse the situation the mediator/trainee is in but also to help the supervised person find a solution to the problem he has in the practice of mediation.

X—Reference framework of supervision 1 . Analysis of the institutional-organisational system: structure of the organisation, hierarchy, roles, functions etc.

2. Analysis of the dynamic social system: interpersonal relationships, relational dynamics, work styles, work environment etc.

3. Analysis of instrumental competences: ways of doing things, mediation techniques applied, procedures etc.

4. Intra-psychic analysis: Personality of the mediator, personal tendencies when intervening etc.

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5. Axiological analysis: values at stake, personal goals to be reached etc.

XI—Organization of a session • The centre of the session is the concrete situation the mediator tells us about: his difficulties, problems, conflicts, incapacities or frustrations. The next step is a reflection on the situation with reflexive techniques, circular questions etc. depending on the adopted approach.

• The supervisor listens to the story according to the criteria of observation in order to help the mediator/ trainee to focus on the problem in the practice of mediation.

• Sometimes it’s convenient for the supervisor to explain some issues from a cognitive, theoretical perspective, other times he has to encourage the mediator to acquire new communicative skills, to step back in order to observe better, to maintain independence and avoid personal preferences etc.

Time: Individual max.1 hour, group max. 2 hours.

XII—Number of sessions The minimum number of sessions recommended for a significant learning experience through supervision should be between eight and ten sessions.

Bibliography

Jesús Hernández Aristu y otros (2000),

La Supervisión. Un sistema de ase-

soramiento y orientación para la formación y el trabajo. Nau libres. Valencia.

Jesús Hernández Arista (1 991 ,: Acción Comunicativa e Intervención Social.

torial Popular. Madrid.

Edi-

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AFTERWORD

Social and Community Mediation is increasingly regarded as an essential process of strengthening social cohesion and promoting intercultural dialogue and comprehensiveness. In fact, it allows both the development of alternative processes for the preservation as the consolidation of social relations or dynamics of social change and social, relational and axiological requalification (Oliveira and Gallego, 2005). Live, be and relate better. Mediation is therefore an increasingly used asset and allows to “include the different participants in conflict (…); by accepting different versions of reality, defends the plurality; and by fostering free decisions and commitments, contributes to democratic participation” (Torremorell, 2008: 8).

To this extent the mediator is primarily a facilitator, a builder of synergy needed to the process of social change and citizenship. It is expected that professional mediation in the social field also allows citizens to access services (promotion of accessibility), participate in peer groups (facilitate sociability), boost skills training (support, inform and encourage the formation), increase the reflective potential (promote, motivate, favour a higher level of awareness). The social mediation also involves the building of alternatives that encourage and involve the responsibility of public authorities and the legitimacy of civil society social intervention, through dialogue, often exceeding the expectations of citizens. Thus, mediation also promotes hope and drives responsibilities to political, social and personal level (Almeida, Albuquerque e Santos, 201 3).

Considering these theoretical assumptions the ABSCM project, developed over two years, sought primarily to identify the transverse and differentiated axes of social and community mediation practices in different European contexts. Although there were no consolidated and consensual conceptions about social and community mediation among them it was possible to identify as key assumptions: • The importance of the context in understanding the diversity of theo-

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retical and experiential profiles in the countries that comprise it; • The existence of more common domains for the development of mediation (family mediation, consumption mediation, restorative mediation) associated with societal changes in contemporary societies, not forgetting the development of differentiated experiences which respond to the particularity of social relationships (political mediation, mediation in specific contexts, such as the rehabilitation of people with addictive behaviours and addictions, night mediation); • The existence of fundamental structures of mediation which constitute per se the mirror of their specificity in relation to other types of intervention; • The vital importance that a knowledge of the conflict and communication have in the process, not forgetting the dimension of the impact of the conflict on the lives of people and communities and, therefore, the problem dimension and nature of the demand associated with it; • The relationship between control and transformation (individual and societal) as a differentiating matrix of the mediation profiles developed.

The analysis of the different practices’ profiles of social and community mediation, in the seven countries of the consortium, revealed in fact little consensus regarding the understanding of the concept, but still allowed identifying as cross-cutting elements: • an existence of a dispute, a conflict or a difficulty in the relationship between people, or between people, contexts and services as the basis for the exercise of mediation; • the communication and interaction facilitation, between different parts and the whole, as the key methodological element of social and community mediation, with a view to promoting citizenship, integration, information and advocacy of rights; • The participation of populations, communities and services in the reconstruction of social links and opportunities. In this context, the respect for difference (personal, cultural, social and axiological) and contextual and conceptual pluralism revealed as transversal elements of the various cases discussed.

As differentiating elements of the different practices identified we can refer primarily structural elements: • the context and its determinants; • the regulatory framework of mediation practices; • the supported publics and prioritized issues; • The predominance of a more regulatory or transformative mediation model due to the combination of the various elements referenced above.

In this perspective we can conclude that although there is a great diversity of

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practices and conceptions of social and community mediation in different countries, and even in the same country, these practices are being revealed more and more as new ways of tackling the constraints and new ways of acting considering difference.

The construction of such underlying practices of mediation alternatives highlight in fact the importance of a potentialities approach to the creation and promotion of empowerment and opportunity structures, rather than deficit models and functional and social fatalism (Lascoux, 2001 , Bronfenbrenner, 1 996; Schnitman, 1 999). In short, mediation beyond a human dimension and peacemaking strategy has a political, pedagogical and practical dimension, committed to transforming experiences that foster human development and promote citizenship, and, in this sense, represents a new ability to see and understand the world and to intervene in it.

This way the project ABSCM sought to visualize such assumptions and to contribute to the affirmation of such practices and the potential they have for the reconstruction of social and cultural cohesion in the current disaggregated societies.

References

Bronfenbrenner, Urie (1 996), A ecologia do desenvolvimento humano: experiPorto Alegre, Artes Médicas.

Oliveira, Ana & Galego, Carla (2005), Mediação Sócio-Cultural: Um Puzzle em Construção, Observatório da Imigração: 1 4. Lisboa: ACIME. Torremorell, Maria Carme Boqué (2008), Cultura de Mediação e Mudança Social. Porto: Porto Editora.

Schnitman, Dora Fried (1 999), “Novos Paradigmas na Resolução de Conflitos”, in Dora Fried Schnitman e Stephen Littlejohn (orgs), Novos Paradigmas em Mediação. São Paulo: EditoresArtesMédicasSul, 1 7-27.

Lascoux, Jean-Louis (2001 ). Pratique de la médiation. Une métode alternative à la résolution des conflits. Col. Formation Permanente, Sémináires Mucchielle, Paris: ESF. Almeida, H.N., Albuquerque, C.P. & Santos, C.C. (201 3). Mediação e cultura de paz em contextos plurais. In Cunha, P. et al (eds), Construir a Paz. Visões interdisciplinares e internacionais sobre conhecimento e práticas. Vol. I. Família, Justiça, Social e Comunitária (pp. 1 93-1 98). Porto: Edições Universitárias Fernando Pessoa. mentos naturais e planejados.

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ANNEXES

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ANNEX I. The Project Advisory Bureau for Social and Community Mediation (ABSCM): Synthesis

THE PROJECT ADVISORY BUREAU FOR SOCIAL AND COMMUNITY MEDIATION (ABSCM): SYNTHESIS There are different models to mediate, different theoretical and practical approaches to mediation. However its transformation character is present in the majority fields. The central issue is not only to solve a problem arising from a conflict between two beings, but also between individuals and organizations, between organizations, between individuals and the community, between organizations and the community.

Mediation is present in processes of social and labour integration of different target-populations, including (for instance): persons with special needs, victims and offenders, children and young victims of abuse or without conditions of life, unemployed people. Access to the law, access to organizations, the inter-institutional and network intervention, neighbourly relationship, social and family relationship, social and cultural movements, youth group organization, processes for psycho-social monitoring, processes of social integration, multicultural contexts, may be topics of divergent interest, potential conflict and social problems, and constitute the framework of social and community mediation. Social and community mediation, is an innovate answer to social problems and interpersonal conflicts (neighbourhood's conflicts and of small claims), between citizens and organizations, between organizations and between them and the community.

Actually, the focus of mediation surmount the nature of conflict, it includes the context and the actors involved, in a complex and holistic approach to build positively alternatives to broken relations, taking into account the strengths and the opportunities to promote at an individual or/and societal level. Then, mediation takes a political dimension, to which nobody is indifferent: professionals from many areas,

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local leaders, administrations take place, even if this area of knowledge is not on the top of interest of university and professional training. The training of professionals who work in social context, promoting social inclusion, establishing relationship between persons, other professionals, organizations and communities, it's thus necessary and important.

I—OBJECTIVES, STRATEGY AND ACTIONS The main goal of the project was to aggregate a team that contribute to advance social and community mediation knowledge, with plural participation of professions and target populations involved in this field, and provide an organized structure to advise the work teams in the community. Thus, have been defined the following objectives: a) To establish a database (conceptual mapping) that crosses different contexts and experiences of social and community mediation in all country partners. This goal stems from the proliferation of a mediation culture among professionals and organizations in communitarian context. It’s intended the identification and characterization of the mediation’s initiatives, under the form of projects, informal propositions or formal organizations. It was elaborated and fulfilled a frame to signalize and to specify their characteristics (aims, conflict / problems typology, resources, infrastructure, functioning, actions, evaluation). To do it, all the partners defined their survey’s territory and participated in the collection and organization of information and their dissemination. b) To train local staff on national and European procedures, methods and strategies on social and community mediation. Social and Community Mediation implies specific knowledge, such as: human relations, mediation values and methodology, conflict dynamics, community work and network, social change, advocacy and empowerment, strategic planning. This project proposed itself both to organize a set of practice courses, as to train staff that works in the community. c) To develop an online platform for the dissemination of practice. The dissemination of the project was assured by an online platform, which transcribes all the work done by the partners. d) To build and disseminate scientific and pedagogical resources, resulting from the work action research developed. The Handbook of Social and Community Mediation: Experiences and Models results of an interactive work between partners, professionals and communities, in a base of participative work. e) To provide scientific and methodological supervision to the partners in-

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volved in the field. The project intended to constitute a scientific and professional team to support both the community, as the organizations and the actors (professionals and population) who operate in loco.

II—ASSOCIATED ACTIONS The main goal of the project was to aggregate a team that contribute to advance social and community mediation knowledge, with plural participation of professions and target populations involved in this field, and provide an organized structure to advise the work teams in the community. There are 3 types of actions associated to the consolidation of the project: A—Research in order to establish the state of the question in two points of view: The conceptual mapping of SCM (the theoretical Knowledge: what are the main characteristics of social and community mediation, who supports, what is it methodological specificity, which models and strategies are implemented) and case study of experiences (Which are, how many are and what are the characteristics of the social and community initiatives, where are them located and with what resources?); B—Training Social and Community Mediation, focalizing the role of the mediator, methodologies and strategic procedures, linking theory and practice, valuing the active learning and action in loco. It’s a proposition of a circular model “researchtraining-action”, able to assess procedures increasing their efficiency and effectiveness, that means the sustainability of action; C—Dissemination of knowledge observed and produced on the field of research and training Social and Community Mediation. Participative and qualitative approaches are privileged, with the contribution of experts and multidisciplinary professionals: teachers, researchers, social workers, social educators, sociologists, psychologist, lawyers, and expertise in new technologies.

ANNEX I THE PROJECT PATHS:

ANNEX II. ABSCM Partnership

The project engaged eight partners, from seven countries A—The UNIVERSITY OF COIMBRA is an organization of creation, critical analysis, transmission and dissemination of culture, science and technology through research, teaching and service to the community, contributes to the economic and social development, for environmental protection, to promote social justice and enlightened citizenship and responsible for the consolidation of sovereignty based on knowledge. Compliance with the mission of the University of Coimbra is performed in an international context, with reference to research, knowledge and its relationship with education. For more information and a video: see website:http://www.uc.pt/en.

The Faculty of Psychology and Education Sciences (FPCEUC) was established on November 5, 1 980, as being one of the youngest faculties of the University of Coimbra.

Hosts this year about 1 800 students spread over an MSc (Psychology), two degrees (Science Education and Social Work), several courses Postgraduate, Masters and PhD. It has invested in research and teaching and high quality teachers who contribute with their projects and publications for the scientific-academic recognition of college at the national and international level. For more information and a video: see website:http://www.uc.pt/en/fpce This project has been allocated in the Observatory of Citizenship and Social Intervention (FPCEUC/OCIS) (http://www.uc.pt/en/fpce/research/ocis), created in the Faculty of Psychology and Educational Sciences, University of Coimbra, which is conceived as a multidisciplinary and inter-university research structure and an educati-

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onal resource in the fields of citizenship, social intervention policies and social issues.

HEALTH PSYCHOLOGY MANAGEMENT ORGANIZATION SERVICES (HP-MOS) operates as a not for profit Organization and is a first and second Tier Organization that has been in operation since 2006. The Organization is a registered charity and a registered company limited by guarantee in the UK. As a 1 st Tier organization, we offer a range of psychological and social well-being training strategies, mental and physical health training services, one to one and group counselling training, using different therapeutic approaches. We further provide informal adult education on different training to facilitate continuous learning with implications for social changes hence improve social inclusion. We work directly with beneficiaries, public and private statutory sectors in our service provision. Our services is aimed at identifying and supporting marginalized and disadvantaged "hard-to-reach" adults, children and young people with long term mental and physical health conditions, with varying disabilities within different community settings and different educational needs with an outcome of improving quality of life, hence improve employability status. Operating as a 2nd Tier Organization allows us to focus on Workforce/Professional and Infrastructure Development with the aims of improving health, work and well-being outcomes in organizational training strategies. Our training strategies include the provision of Business support services and organizational Human Resource Infrastructure support to frontline staff and entrepreneurs, working with the voluntary, community, public, private and statutory sectors. Our Infrastructure support services focuses on entrepreneurs, people, culture, systems and processes to enrich experiences, deepen knowledge, expand networks and reduce workplace Stress and Anxiety. We further engage in research development with proven quantitative and qualitative methodologies with policy implications. We additionally work with European partners on a number of European projects. Our International work also focuses on developing countries to improve their mental, physical, social, educational, environmental and economic wellbeing with many diverse projects.

C—INSTITUT SAUMUROIS DE LA COMMUNICATION works with persons who have difficulties to learn and so to find a job. We are in a very close relationship with companies and we train students in order they are ready to go to work, but a bit differently than the way universities or schools do. We have small groups and our teachers have all an experience in the field

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they teach. Our pedagogical approach is individual. Every learner is different and we aim to adapt our training to their psychological profile. Our trainees are migrants, exoffenders, just released, women alone with children. Mediation is more and more current in our disadvantaged area.

D—GINGKO is a company dedicated to advising public and private organizations, professional teams and families. Our experience is oriented to training in guidance and supervision, coaching courses, etc. We are dedicated mainly to: conflict management and mediation, coaching executives, families and couples counselling, family and individual counselling, we also have a School of Parents.

We believe that the conflicts, difficulties, problems that appear in any area of life, are not obstacles but invitations to the completion of each individual.

PUBLIC UNIVERSITY OF NAVARRE—In 1 987, the Parliament of Navarre approved the creation of the Public University of Navarre and undertook to fund it.

Although the Public University of Navarre is a young institution, which was formed just two decades ago, in actual fact it represents the bringing together and continuation of the university education that was then being imparted in Navarre at several public centres.

Some of these educational programs even date back to the 1 9th century. In this short, yet intense period of time, the University has created campuses in Pamplona and Tudela, equipped for education and research, and supported by a highly-qualified group of professors and administration personnel. Each day, almost 9,000 students attend the University, students seeking an education which will equip them for the future.

The Public University of Navarre offers various degrees such as health sciences, engineering (industrial, agricultural, telecommunications, computer science etc.), economic and business studies, human and social sciences, juridical sciences. The university is classed as campus international excellence. The official degrees have been integrated into the European higher education area. The academic programme is trilingual: Spanish, Basque and English. The university offers mobility programmes (e.g.

Erasmus) to internationalise the professional profiles of students and professors. There are contacts with 300 universities in 50 different countries.

Apart from teaching, the university develops lines of research that are fundamental for the progress of Navarre. The Public University of Navarre, International Campus of Excellence, has already provided the job market with more than 20,000 qualified professionals, many of whom are now performing relevant work in Navarra's

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institutions and business world.

For more information and a video: see website:http://www.unavarra.es/conocerlauniversidad/Note: This information is taken from the official website of the Public University of Navarre.

E—SAARLAND UNIVERSITY’S CENTER FOR LIFELONG LEARNING has a unique position in vocational training within the German federal Land of Saarland: It is the only institution of vocational training in Saarland whose teachers are entirely connected with research and academic standards, as all of them are working at the university.

This means that “students” are formed according to the (scientific) state-of-the art.

Partners are the scientific institutions of Saarland University, among them institutions doing research on or working with mediation.

F—“SOLTAR OS SENTIDOS” (ASOS) arose from the empirical finding of an absence of non-institutional responses to youth at social risk, as well as other young people and their families(or guardians) in situations of social vulnerability because of their characteristics (minority ethnic, immigrant, other situations). From a more concrete form, we aim to provide alternatives of prevention and of control for deviant behaviour, through the use of mechanisms, avoiding punishment, aimed at the social adjustment of young people by developing their skills and creativity as well as the monitoring of their family system. In this sense develops a set of skills training and training in the field and family mediation.

This intervention philosophy implies the adoption of networking strategy, looking for close collaboration between professional and community service by establishing effective partnerships with each other.

Thus, the Association has expanded the scope of its intervention in the promotion of parenting skills, as the family is the first cell of education and provides, therefore, the link between affective and cognitive, as well as the transmission of values and norms. We also argue that family is the basic institutional unit of society primarily responsible for the functions of development, education and socialization involving physical needs, emotional support, learning opportunities, moral guidance, and development of resilience and self-esteem of a child.

G—UNIVERSITY OF APPLIED SCIENCE (BACHELOR & MASTER IN SOCIAL WORK)—Haute École Spécialisée de Suisse Occidentale—Valais

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In service training in social and sanitary fields; Scientific research and public services contracts; International relations; Four expert units under construction: 1 . Public space, local development and citizenship; 2. Social integration, insertion and rehabilitation; 3. Social control and social innovation; 4. Corporality, intimacy and suffering studies; Part in the project: Active participation to the planned shifts: identification and inventory of activities – development of pedagogical and professional tools – implementation and evaluation.

Social context: Peripheral region of Switzerland located at the crossroads of cultures and countries: France, Italy, and Germany.

Place of transit and migration that challenges social integration, cohabitation, social participation and risks of exclusion that are at stakes A region rooted in local and global.

H—CENTRO STUDI E FORMAZIONE VILLA MONTESCA (CSFVM) is a not for profit organization for educational research and professional training closely linked to the dynamics of a single European space for professional training, education, cultural and local development. It develops innovative educational initiatives and offers a broad spectrum of multi-disciplinary research expertise and training activities. The Centre has an international reputation for excellence for research and training in the following areas: innovative teaching methods; information and communication technologies applied to teaching; education in the context of European integration and regional co-operation; training for trainers; co-operation in the field of education and culture on local, regional and European level; environmental economy, management and policy.

The Centre plays a key role in the field of education and culture on local level, especially for its experiences in school management and evaluation of the teaching and learning processes, in the national management of interdisciplinary research and training; in the field of international research and vocational training, especially because the Centre has established a school and University networks and has advanced partnerships with many institutions to promote and implement European and international projects.

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It has extensive experience of managing inter-disciplinary project teams with researchers from within the University and also from external bodies.

CSFVM develops paths for permanent education through methods and approaches based on social network as well as on democratic participation. The association is especially skilled in research, innovative approaches, web based tools, developing training kits and manuals, provision of training, response to special needs of vulnerable groups/ special needs groups.

The Centre coordinated and it is currently the coordinator of several EU projects under the following programs: Leonardo, Comenius, Grundtvig, KA3 ICT, EQUAL. Centro di Studi e Formazione Villa Montesca has managed and participated in 21 EU funded international projects (bi-/tri annual) with broad multilateral partnership.

It has established a national school and university networks and an international Network called Montesca Network, a permanent co-operation network at European level for the promotion and development of joint projects in areas of common interest.

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FPCEUC FACULDADE DE PSICOLOGIA E DE CIÊNCIAS DA EDUCAÇÃO UNIVERSIDADE DE COIMBRA