Career Advice Legal Case studies for employers

Using mediation as a vital tool in resolving disputes

The Background

Two Form 1 classmates fighting over limited seats in the school canteen resulted in a permanent physical injury. Peter went to the canteen for lunch, and before going to buy his meal he put his belongings on one of the tables as he usually did, to reserve a seat. Another student named John could not find a proper seat, so he chose to take Peter’s. Peter was then very angry when he saw his seat being occupied by John, his opponent in a basketball competition. The two boys clashed and Peter pushed John over. John broke his fall with his hand, thus causing a serious injury to his baby finger, while Peter’s neck was scratched.

Both boys were immediately sent to the hospital. The doctor diagnosed that John’s finger might be permanently injured, and prescribed six months of physiotherapy for basic recovery. While Peter was better off, he needed to apply ointment to his neck to relieve the pain. Both boys’ parents made formal complaints to the school. The principal and her team followed up with both parties by telephone. This initially appeared to work but when the injury incurred different kinds of medical treatments and costs, John’s parents asked for compensation and the case was then escorted to mediation.

Conventional recourses to resolve the dispute might include reporting the incident to the police for prosecution, instigating civil legal proceeding to pursue damages or a school disciplinary trial to determine remedial actions. Mediation aims to avoid these potentially acrimonious actions and is a valuable resource if full use is made of it in disputes between two parties.

 

The Mediation

The mediators were not concerned with determining who was right and who was wrong to resolve the issue. John occupied Peter’s seat without prior permission, while Peter pushed John over. They both behaved improperly. In this case, the mediator’s aim was to find common ground between the two parties. The mediator would bring them together for a face to face meeting and let them each state their case.

After two prior meetings with each party, an official mediation meeting was arranged for both. The two mothers expressed their views directly. The mediator endeavoured to find a settlement for each. Both parties were steadfast in their positions and took a lot of persuasion; however, a way through was possible.

The mediator let them air their concerns and requests – for John’s mother, financial compensation and an apology; for Peter’s mother, putting a stop to the malicious rumours about Peter on a WhatsApp group. Meanwhile John and Peter’s main interest was in getting back to their normal school lives.

The mediator used open-ended questions to probe how the students felt at the time of the incident. John’s mother gave related her son’s grievances; while Peter’s mother also said her son was very upset as John kept sending photos showing his injury and recovery process to the same WhatsApp group with other classmates. Some of them made derogatory comments about Peter. The mediator grasped that the core concern of both sets of parents was that they and their sons be respected.  By asking the right questions, the mediator wheedled out useful information and managed to calm both parties so they could speak effectively without being swayed by emotion.

 

The settlement

After exchanging ideas in the first joint session, separate meetings also played a part in exploring options openly and confidentially with the mediator. In the final joint session, Peter’s mother agreed to subsidise part of John’s medical costs and tendered her apology about the injury caused by Peter; John’s mother for her part would ask John to write some positive things about Peter in the WhatsApp group to put an end to the malicious gossip.

Faced with similar situations, school principals or teachers may apply what the mediator did in this case – using suitable communication methods, phone calls or face-to-face meeting at different stages; not rushing to discuss the issue itself, but to first calm the tempers of all. Finding a common ground between two parties is always a good bridge to resolving conflicts. By reframing people’s perspectives, the parties’ positions can be altered in a productive way favourable to compromise.

Conflicts can happen anywhere. Equipping yourself with the right techniques will help tackle these issues effectively no matter what form of conflict you might be dealing with.

 


This article appeared in the Classified Post print edition as Mediation as a vital tool in resolving disputes.