Christian Mediation Services*

Feasibility Study

 

 

I.    Summary. This report documents the findings of A Level Up in its research conducted in conjunction with Christian Ministries United into the feasibility of establishing some form of  Christian mediation services in Central Virginia. The investigation consisted of two parts. During the first, several other models, both secular and Christian, were researched to compare existing models and to determine useful elements for a Richmond initiative. The second part included two focus groups to assess the level of recognition locally of the need of a mediation service, and the level of expertise and interest already present.

                        The findings, detailed below, have led the researchers to the following recommendations: A new entity should be established dedicated solely to the promotion of mediation and training of mediators for service to the Christian community and beyond in Central Virginia. Such an entity should be self-funded and seek the highest of reputations in the community for maximum utilization by the broadest section of the community. The Peacemakers Ministries should serve as the basis for all principles of mediation and for all advanced training required for prospective professional mediators.

II.    Background. Mediation must be understood both from the perspective of how the average person approaches (or not) the need for mediation and from the perspective of what is actually offered today. Mediation, with all other forms of dispute resolutions (outside of litigation) is a robust and growing field in desperate need of uniformity and national standards.  Some states have taken on this task, but there remains a lack of universally accepted standards for certification.  Public policy is under tremendous pressure to catch up with the demand, (and acceptance by the legal system) for professional out of court dispute resolution due to the backlogged judicial system. 

a.       Present sources. When an individual needs mediation (assuming he or she even understands the need for it), he generally turns to one of several sources for help.

1.      Pastor. Although pastors are generally respected by their congregants, those in our focus group were of the opinion that pastors are only consulted infrequently due to several factors, including lack of confidence in their confidentiality, unbiased approach, or in their counseling skills.

2.      Lawyer. For those few who are well connected, finding a competent lawyer who is trusted with practicing Christian mediation is not difficult, but there are so few who are fully competent, and their prices are out of the reach of most.

3.      “Expert.” Sometimes a person considered an expert in a given field may be used as a mediator, but such individuals are quite rare who also possess the necessary mediation skills to successfully facilitate resolution of a dispute.

4.      Counselor. While our participants agreed that excellent Christian counselors are available to the community, individuals have little ability to discern which of them are truly qualified and biblically sound.

5.      Friend. Interestingly enough, none of our participants even knew of any examples of a friend being called on to mediate a dispute, except for one case, where the friend had had counseling training and volunteered herself to that role. The problems, again, are trust  (by both parties) and competence (i.e., training).

6.      Professional mediator. There are several secular businesses in the Richmond area that practice mediation. Those who practice Christian mediation could probably be counted on one hand, and most of these participated in our groups.

b.     Existing agencies. Our investigation of thirty websites of existing mediation agencies, coupled with telephone and e-mail correspondence found some clear trends. Despite the lack of externally imposed standards, we found that standards were nonetheless very similar throughout the various organizations. Of the 30 sites of mediation agencies visited, (21 Christian), we have included nine summaries to demonstrate current trends in the field. These summaries look at specific organizations, associations, non-profits, and referral services.

1.      Christian Dispute Resolution Professionals Inc. CDRI provides training in cooperation with the Straus Institute for Dispute Resolution, Pepperdine University School of Law, a 36-hour biblical mediation program. Ranked #1 by U.S. News and World Report in the field of mediation.

2.      Christian Mediation and Arbitration Services. C-MAS is a vehicle for solution of disputes specifically among Christians in business.  Reconciliation is the primary objective. Arbitration is available when all other attempts have failed. C-MAS appoints a mediator or arbitrator when needed. C-MAS services are available to all Christians. Emphasis on commercial, technical, and high dollar disputes.

3.     Northern Virginia Mediation Services (NVMS). www.gmu.edu/departments/nvms/fact.htm Secular program providing mediation, facilitation, training and education, conciliation, program design, and organizational problem solving.  NVMS has a strong relationship with George Mason University through the Institute of Conflict Analysis and Resolution. GMU was the first in the world to offer an M.A. (1982) and a doctorate (1987) in conflict resolution. NVMS has an 85% success in non-court ordered mediation. They are consultants to help develop “Community Mediation Centers.” Their web site has comprehensive information on Virginia’s mediation community. They have over 100 hundred trained mediators which often enables them to use a team approach to each conflict.

4.      Mediation Training Institute (MTI). www.mediationworks.com/mti/ Specialists in workplace mediation.  MTI also has a contract with the U.S. Government (GSA) for mediation training. They offer three levels of certification in workplace mediation:

I.    Certified Trainer of Workplace Mediation

II.    Certified Coach of Workplace Mediation

III.    Certified Mediator of Workplace Conflict

5.      Mediation Works Incorporated. www.mwi.org. MWI offers a strong program with various dispute resolution services, training programs and workshops.  Mission statement:  MWI works to build our clients’ capacity to communicate clearly and convert conflict into opportunities for mutual gain.

6.      Association for Conflict Resolution (ACR). www.ACResolution.org  ACR is a comprehensive association bringing together all types of conflict resolution activities with 20 chapters in the U.S. and strong membership requirements.  One membership with access to the 3 primary categories for secular mediation: family mediation, workplace mediation and teaching conflict resolution in schools. Strong mediation referral services. Membership levels: Member, Practitioner (Educator, Researcher), Advanced Practitioner (Extensive Experience). They also have a student membership and “affiliate” status for individuals and organizations. ACR has clear criteria for students and educators in the field of mediation.

7.      United States Arbitration & Mediation (USA&M). www.usam.com Once a client contacts USA&M they take care of contacting the other party in the dispute.  USA&M will propose mediation; and get a mutual agreement to begin mediation. Mediators are independent contractors, rather than agents of USA&M who charge their own fees. There is a one time filing fee on a sliding scale. Site has a good listing of Mediation Rules and Procedures with some flexibility for any “case specific” adjustments that are mutually agree to by both parties involved in a dispute.

8.      The Mediation Information & Resource Center (MIRC). www.mediate.com Website has excellent report on “Community Based” mediation programs in Virginia. MIRC promotes mediation as a community wide mindset verses litigation, with an emphasis on states investing in “Community Mediation Centers” as a resource to the court system.  These centers would also have strong focus on prevention and intervention before the courts get involved.

9.      Peacemakers. www.inhispeace.org. For purposes of our collaboration, the research pointed to the superiority of Peacemakers, apart from our knowledge of it and the endorsement of its work by the members of the focus groups. They stood out in their:

I.    resources available on mediation and conciliation

II.    endorsements by other credible organizations

III.    number of years of experience (20)

IV.    certification process for mediators

V.    continuing education and training for mediators

VI.    availability of training materials for training of lay people

VII.    adaptability for incorporation into existing church Christian Education programs

VIII.    clear guidelines for Christian Conciliation

IX.    simplicity yet professionalism in the Basic Mediation Principles

X.    popularity of “The Peacemakers Pledge,” accepted by 300 other organizations

c.       Models. Of these nine sites studied, we found a pattern of two types.

1.      Member assignment is the term we use to designate an agency (secular or Christian, for profit or nonprofit) that assigns clients a professional mediator in its network based on an intake assessment and interview with a staff person. (In the “Cadillac” version of this type of agency, it works in partnership with the local university’s “Institute of Conciliation” - the academic department devoted to research into conflict resolution theory and practice. Such a department does not practice mediation as a rule, but provides community agencies with supportive assistance, research, or name recognition, and it also offers its students undergraduate or graduate degrees in conflict resolution.) This type of agency may or may not offer training itself in mediation. Most of the larger ones do.

2.      Member referral refers to agencies that may prescribe certain prerequisites for mediators and then place those on its membership list, for a fee, which they then make available to the public. No consultative services are offered. As with member assignment, training may or may not be offered.

d.      Training levels.

1.      As mentioned above, a few universities offer terminal degrees in conflict resolution. In Virginia the known schools with such programs are Eastern Mennonite University and George Mason University.

2.      There are no national standards for mediation certification, although there is presently a move to establish such standards. In the mean time, most certification is done by individual agencies (generally nonprofits) that are only valid for the community that recognizes that agency. In the Christian community, Peacemakers has established a reputation for providing mediation and mediation training that is unmatched by anyone else. It serves as a de facto national certification for any Christian interested in biblical mediation. Hundreds of pastors, business professionals, lawyers and judges, in addition to counselors and other laity, complete their intense training each year.

3.      An individual may apply in Virginia to the Supreme Court for endorsement of their certification for work with each of the following courts:

ii.       General district

iii.      Juvenile & Domestic

iv.     Circuit/Family

v.       Circuit/Civil

The relevance of this fact for the establishment of a Christian mediation service is that this proposed agency, or individuals working with this agency, may elect to incorporate the state’s requirements for endorsement with its other certification requirements as a means of improving credibility with the state system and as a means of opening up additional venues for a viable Christian witness.

III.    Barriers. Several important barriers toward the establishment and effective operation of a successful mediation service in Richmond were given during the course of our focus groups. For those needing mediation, barriers included:

a.       a lack of accountability among Christians to one another

b.      pastoral indifference to the need for mediation within and across congregational boundaries

c.       general ignorance of resources

d.      unfamiliarity with the process, and, therefore, fear

e.       cost

f.        mistrust of the goals of mediation or of the mediator

Barriers to effective service delivery include:

g.       lack of training (competence)

h.       ways of making mediation affordable yet professional

Peculiarities of the Richmond context include:

i.         geography – a reluctance to cross into other areas of the city, particularly across the river

j.        lack of appreciation for collaboration – an unusually closed, territorial, and controlling posture from Christian leadership

k.      race – the largest example of un-reconciliation on a citywide level must  impact how a mediation service should be established and run

IV.        Goals. Between the two groups assembled, the second one feeding off of the work accomplished by the first, we established the following goals for the establishment of a local Christian mediation service:

a.       Community ownership, encompassing two goals:

1.      Awareness. Not merely the awareness of the existence of a formal entity, but the realization of the myriad of ways that Christians should utilize such a mediation service is critical. This goal touches on much more than traditional public relations, getting to the heart of the ministry: the re-establishment of mutual accountability as a feature of Body life within the Church at Richmond.

2.      Education. Seeking ways to promote a vision for biblical peacemaking and reconciliation at home, church, and office, the ministry must exploit creative venues for re-training the mindset of the Christian community into a new paradigm of love and hope for change. Teaching on the biblical basis and method of reconciliation must eventually permeate the fabric of Christian education in every congregation.

b.      Internal excellence, encompassing:

1.      Full biblical integrity. The aim here is to have the ministry run in such a way as to be open to the entire range of issues addressed by the Bible, from marital reconciliation to social justice to racial reconciliation, run by a divers board and staff of mature and well-respected Christians that ensure a sterling reputation in the community.

2.      Outstanding training. In this aspect, all participants were agreed that not to utilize the materials, training and reputation and 20 years experience of Peacemakers would be sheer folly. Nonetheless, concerns were voiced that the ministry would need to make room for training of a less strenuous sort for those not called to full certification.

V.           Organizational issues. Several points to be considered:

a.       The proper entity. A clear consensus emerged from the professional group that, despite the proliferation of new ministries in the last two decades, and a movement toward collaboration among ministries, there is nonetheless a need to establish a separate organization, primarily for the need for an identity not tied to any other ministry and the need for mediation to stand alone.

b.      The proper leadership. Another of strong agreement by the groups was the need for leadership to come from well-recognized members of each segment of the Christian community. While such leaders need not provide the bulk of the work needed to launch the ministry, they could serve as critical voices in the establishment of the ministry as credible new part of the ministry landscape. These leaders should also have a significant voice in the approval of the initial Executive Director.

c.       Ways of ensuring collaboration and joint ownership. The key elements here are:

1.      the formation of a steering committee that will own the project;

2.      the inclusion of leaders that have influence in all sectors of the community;

3.      working closely with the Christian Counseling and Training Center, who has been working closely with Peacemakers and who have the main ability to influence their constituents to accept both Peacemakers and its integration with the new ministry.

d.      Ways of ensuring a continuum of care. Since mediation is only one of vast array of services that may be needed by a given client, and indeed often merely the presenting problem that can open the door to other needs that the Christian community should be serving, the new ministry must be structured in such a way as to provide an intake assessment of each client that acknowledges the possibility of other unspoken needs. Moreover, this new entity must work with:

1.      existing counseling agencies providing excellent biblically based services;

2.      Christian Ministries United, which can help build integrating structures into the polices and procedures for working with other Christian social service agencies, and where necessary, secular entities. CMU can also help broker and build relational and formal bridges between these ministries for more effective service delivery.

e.       Fee structures.  In other agencies surveyed, fees ranged from $75-300 hourly, with sliding scales often available. The groups were in agreement, and adamantly so, that the new ministry must walk the delicate path of providing outstanding professional services that generate a healthy income for the ministry and yet ensure that no individual is turned away for lack of payment. One excellent suggestion that has been tried by at least one other ministry is the requirement that clients pay the same hourly rate that they themselves earn. Corporate and congregational fees would obviously need to be more fixed.

VI.        The next steps. Based on the above information, it is the recommendation of A Level Up, in consultation with Christian Ministries United, that the following next steps be implemented in order to capitalize on the clear momentum created by the enthusiasm of the participants at the focus groups:

a.       Reconvene the focus group participants interested in being a part of the development of the new ministry. This step is necessary for the following reasons;

1.      The participants, particularly the professionals, represent the most significant stakeholders in the present state of mediation in Richmond.

2.      The infusion of a person with gifts in strategic planning can come alongside this process and provide the team with concrete plans that honor their collective wisdom.

3.      The integration of CMU’s expertise and reputation in coalition building should serve the process in an ongoing capacity.

b.      Proceed, with the team’s work consisting of two parts:

1.      An initial consultation for the formation of process steps for the conception and incubation of the vision;

2.      A more extensive consultation (or multiple consultations) with the additional players that they deem necessary to the process for formation of detailed plans for the structure and mission of the new mission CMU is available for one or both of these steps.

c.          Form an agency, probably a nonprofit, since the Christian programs we studied were all nonprofit. The attached document from Christian Ministries United details the basic outline of how this is accomplished.