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Negotiation, Mediation, and Arbitration Vocabulary used in the stories and role-plays involving negotiation, mediation, peer mediation, and arbitration concepts. Class will discuss any still unclear Glossary of Terms.
A. Class will contrast and compare definitions of Negotiation, Mediation, and Arbitration.
1. Teacher Says or Asks: Conflict is nature. People who are in a conflict need ways to solve their problems. There are several different methods that can help settle problems. Three of these methods are Negotiation, Mediation or Peer Mediation, and Arbitration.
2. Note to Teacher: Display Negotiation, Mediation, and Arbitration Poster
3. Teacher Says or Asks: Who would like to volunteer to read the words on the poster?
Students Respond: (Choose an eager volunteer.)
Words on poster:
Are You In A Conflict?
First, try to Negotiate on your own.
Next, get someone to help Mediate.
Finally, get an adult to Arbitrate.
B. Class discusses & defines: NEGOTIATION.
1. Teacher Says or Asks: Let’s discuss the top picture of this poster that states “First, try to Negotiate on your own.” Just by looking at the picture, give the definition for NEGOTIATION.
Students Respond: Negotiation is when two people or two groups try to solve their own conflict without any outside help.
2. Teacher Says or Asks: Exactly. NEGOTIATION is when two people or two groups try to solve their own conflict without any outside help. That is not always easy. Think about arguments you have had or you have seen. What usually happens when an argument continues?
Students Respond: (Typical responses will include:)
a. Kids get mad and angry.
b. Kids don’t listen to each other.
c. Nobody gets what he or she wants.
d. Kids don’t understand each other.
e. Other kids get involved.
f. Adults take over and punish.
7. Teacher Says or Asks:
Students Respond: Accept Reasonable Answers.
3. Teacher Says or Asks: One of you may finally decide you would like to call a halt and try to problem-solve the conflict rather than to continue the conflict. However, what do you think would be the hardest thing about negotiating with someone with whom you have a problem?
Students Respond: (Typical responses will include:)
a. Staying calm and not yelling.
b. Listening to the other person.
c. Saying what you want clearly.
C. Class discusses & defines: MEDIATION vs. PEER MEDIATION.
1. Teacher Says or Asks: So in that case, if you don’t feel the two of you can NOT be successful negotiating on your own, you may wish to move to the next step. Your next step could be MEDIATION. Just by looking at the middle picture on the poster that states, “Next, get someone to help Mediate,” who would like to give a definition for Mediation?
Students Respond: MEDIATION is when two people or two groups in conflict go to an outside person or group to help them solve their problems.
2. Teacher Says or Asks: Exactly. MEDIATION is when two people or two groups in conflict go to an outside person or group to help them solve their problems.
Can anybody explain the difference between Mediation and Peer Mediation?
Students Respond:
* Mediation is when a third party helps a pair of people or groups. This Mediator can be any age.
* Peer Mediation is when one of your peers (similar age group) works to help a pair of people to solve their problem.
3. Teacher Says or Asks: That is right.
a. Mediation is when a third party helps a pair of people or groups. This Mediator can be any age.
b. Peer Mediation is when one of your peers (similar age group) works to help a pair of people to solve their problem.
D. Class discusses & defines: ARBITRATION.
1. Teacher Says or Asks: Let’s say you and your fellow disputant tried to negotiate your problems on your own or you both went to Peer Mediation and you still have not been able to achieve a WIN-WIN solution that satisfies you both. Then in that case, you may feel you have no choice but to get an Arbitrator to resolve the situation for you.
Looking at the bottom picture on the poster that states, “Finally, get an adult to Arbitrate,” who can give the definition for ARBITRATION?
Students Respond: ARBITRATION is when a pair of people or groups goes to someone, usually an adult, to help them solve their problem. This person will work to settle the dispute and will act as a judge. An arbitrator could be a teacher, principal, parent, judge, etc.
2. Teacher Says or Asks: Exactly. ARBITRATION is when a pair of people or groups goes to someone, usually an adult, to help them solve their problem. This person will work to settle the dispute and will act as a judge. An arbitrator could be a teacher, principal, parent, judge, etc.
Students Respond: Accept Reasonable Answers.
E. Class discusses similarities and differences between ARBITRATION & MEDIATION.
1. Teacher Says or Asks: Determine the similarities and differences between mediation and arbitration.
Students Respond:
Similarities:
* A mediator is a third party helping out.
* An arbitrator is a third party helping out.
* Both mediators and arbitrators can be adults.
Differences:
* A mediator stays impartial. He or she helps the two disputants to work out their own WIN-WIN solution.
* A mediator can be a person of any age.
* An arbitrator acts as a judge and will likely come up with a solution that may or may not be a WIN-WIN solution. In other words, the solution may please one disputant and displease the other disputant.
* An arbitrator is usually an adult.
2. Teacher Says or Asks: Exactly. The SIMILARITIES between mediators and arbitrators is that in both cases, they are a third party trying to give assistance to the two disputants.
The DIFFERENCES between mediators and arbitrators is that a mediator stays impartial and tries to help the two disputants come up with their own WIN-WIN solution. Also, a mediator can be a person of any age. An arbitrator is usually an adult who acts as a judge and will likely come up with a solution for the two disputants that may or may not be a WIN-WIN. In other words, the solution may please one disputant and displease the other disputant.
3. Teacher Says or Asks: When you find yourself in a conflict, which methods do you usually try?
Students Respond: (Open Discussion)
4. Teacher Says or Asks: Who are the people in our school who might be able to fill the function of an Arbitrator?
Students Respond:
* Principal
* Assistant Principal
* Guidance Counselor
* Lunch Monitor
* Teachers
* Teaching Assistants
* Substitute Teachers
5. Teacher Says or Asks: Who are the people in your home who might be able to fill the function of an Arbitrator?
Students Respond: Accept Reasonable Answers such as:
* Parent
* Guardian
* Caregiver
6. Teacher Says or Asks: Who are the people in the Community Center who might be able to fill the function of an Arbitrator?
Students Respond: Accept Reasonable Answers.
F. Class discusses the Six Steps in the Negotiation Process
Resource: Bodine, Crawford, and Schrumpf (1994). Creating the Peaceable School. Illinois: Research Press.
1. Note to Teacher: Six Steps in the Negotiation Process poster.
2. Teacher Says or Asks: There are six steps in the Negotiation Process. Look at this poster. We’ll need six volunteers. Each volunteer will read one of the steps and describe what that step would entail.
3. Teacher Says or Asks: Who would like to read Step 1 and also tell what you think it means?
Students Respond:
Step 1: Agree to Negotiate.
Description: Both disputants agree to try to resolve their problem.
4. Teacher Says or Asks: Who would like to read Step 2 and also tell what you think it means?
Students Respond:
Step 2: Gather Points-of-View
Description: Each disputant tells his or her side of the story.
5. Teacher Says or Asks: Who would like to read Step 3 and also tell what you think it means?
Students Respond:
Step 3: Focus on Interests
Description: Each disputant explains why what they want is important to them.
6. Teacher Says or Asks: Who would like to read Step 4 and also tell what you think it means?
Students Respond:
Step 4: Create WIN-WIN Options
Description: The two disputants try to come up with a large variety of WIN-WIN options.
7. Teacher Says or Asks: Who would like to read Step 5 and also tell what you think it means?
Students Respond:
Step 5: Evaluate Options
Description: The two disputants evaluate all the options and come up with the option or options they both consider to be most fair.
8. Teacher Says or Asks: Who would like to read Step 6 and also tell what you think it means?
Students Respond:
Step 6: Create an Agreement.
Description: The two disputants agree one or more of those options that is a WIN-WIN for both of them. The problem is resolved.
G. Class is now ready to participate in the role-play called "Negotiation role-play: A Negotiation between Stan and Susan."
Negotiation role-play: A Negotiation between Stan and Susan
Return to Negotiation, Mediation, and Arbitration Lesson Plan (Grades 6-8)
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