State Bar of Texas | Mediators Achieving Peace

Mediators Achieving Peace: State Bar Program
Targets Middle School Students

By Anita Davis

Austin lawyers Eric Galton and Dicky Grigg have taught mediation skills to middle school students for a combined total of 12 years.

As Broadus Spivey was preparing for his year as State Bar president, he decided the great work being done in Austin middle schools ought to be expanded to other areas of the state and that there was no reason to “reinvent the wheel.”

“This is the kind of work lawyers should be doing in their communities,” said Spivey. “People look to lawyers for conflict resolution and we ought to be training our young people to have skills that can serve them throughout their lives.

“It seems to me that teaching students how to resolve their differences peacefully and within established parameters might prevent some of the horrific acts of violence we have watched students across this country perpetrate on their schools,” said Spivey.

Thus, Mediators Achieving Peace (MAP) came to life. Spivey quickly discovered that several student mediation programs already exist in Texas. “We want to complement those established programs and make it easier for lawyers and local bar associations that have not developed a student mediation program to quickly become involved.”

“It’s a win-all-around situation,” said Galton of the MAP program, which trains volunteer attorneys to teach selected middle school students how to mediate; these students in turn become the mediators for their fellow students’ disputes.

“For the schools, MAP reduces violence and creates a more peaceful atmosphere, at no cost, with a minimal time commitment, and with no preparation or paper work on the school’s part,” said Grigg. “It also frees up the counselors’ and principal’s time from having to deal with minor squabbles.”

“MAP teaches students to solve their and other students’ disputes peacefully and gives them mediation and negotiation skills they can use throughout life,” Galton said.

“For the lawyer, it is very rewarding,” said Grigg. “It’s the highlight of my week. I can really do some good — for the kids, for the school, for the community, and for the legal profession. I get a lot of personal satisfaction, much more than writing a check to charity.”

The program had its beginning in 1989, when Galton was asked to teach part of a government class on mediation at Lanier High School in Austin. It went so well that the head counselor of Mendez Middle School pleaded with Galton to start a mediation class there.

“I was terrified the first day,” recalled Galton. “I didn’t know how these middle school students would react. We picked a diverse group of kids who were leaders — some were leaders in a negative way.” Galton did not have any guidelines, and wrote the curriculum as he went along.

Michael Watkins, an eighth-grade mediator at Mendez, explained, “Student mediations work better because kids don’t always listen to the principal about how to solve their problems. The principal and counselors don’t understand our problems as well as kids do. Kids will listen to other kids.”

“The program was well received,” recalled Galton, and he went back the next year and the next. When Galton’s mediation practice took him out of town nearly every week, he asked Grigg to lead the mediation class at Mendez.

This fall, Grigg began his seventh year at Mendez. He and Galton attest to the success of the program. “You know the program has arrived when students self refer,” said Galton. “When two students get into an argument and one of them suggests mediation, we know we’re making progress.”

“The kids themselves don’t want violence,” added Grigg. “Peer pressure can escalate a minor incident because kids don’t want to lose face. Mediation gives them an acceptable alternative.

“I don’t see a down-side to this program,” said Grigg.

Nancy Lewis has been a counselor at Mendez for 14 years. “We’re in a tough neighborhood,” she explained. “Physical violence is what these kids know. They oftentimes have parental support to fight back. Mediation is changing their attitudes. We used to have three or four fights a week; last year, for the entire school year, we had only 10 or 15 fights.”

MAP What it is and How it Works

Why does the State Bar of Texas need another program for which lawyers should volunteer their time?
If you saw the Columbine High School footage, you saw the need; you know there is fighting, conflict, and violence in schools. If you have kids in school, you sense the urgency that something has to be done now. If you believe that schools should be safe and that you as a lawyer can be part of that solution, then you should volunteer for the MAP program.

How does Mediators Achieving Peace or MAP work?
Lawyers who sign up get a two-and-a-half-hour video and a thick notebook that has all the information they need to teach a selected group of 10 to 15 middle school students how to mediate. Once the students are trained, they are asked by counselors, the principal, or the students to mediate student disputes. The mediation is done in private with just the two disputing parties and the one or two student mediators present. In Mendez, a counselor is in the next office.

Who selects at which school I would teach?
Jan Miller, director of the State Bar Law Related Education Department, has already received requests from 78 schools who are interested in the program. She can direct lawyers to a school near them. Or, lawyers can approach a school — perhaps their child’s middle school, or the middle school they attended — and see if the school is interested. Miller has a flier that can be given to the principal or counselor describing the program.

Who selects the students who will be the mediators?
The school selects the students, who ideally will be from different interest groups. They will not necessarily be the most popular, nor will they be the Pollyanna’s, but represent a diverse ethnic, gender, and racial mix. “It’s very prestigious to be selected,” said Mendez counselor Nancy Lewis.

How many students are in a MAP class?
It can vary from 10 to 15. The group should be small enough so that each student mediator will have a chance to mediate at least a couple of times a month.

When does the MAP class meet and for how long?
Meetings should be scheduled once a week for an hour for six to eight weeks. The time depends on the school and attorney. Grigg meets his Mendez seventh graders from 7 a.m. to 8 a.m. on Tuesdays. The time does not interfere with other classes, and it leaves Grigg free to be in the office before 8:30 a.m.

Are students from all three grades — 6th, 7th, and 8th — selected for MAP?
Seventh graders work best. Sixth graders have all they can handle in getting adjusted to the changes from elementary school. Eighth graders would get to mediate for only a semester. Seventh graders will have some of the seventh grade year and all of eighth grade to mediate.

Specifically, what is taught in the classes?
The lawyer and students discuss what is conflict, how to listen, the importance of neutrality, the role of the mediator, ground rules and steps of mediation, brainstorming solutions, the importance of confidentiality, and how to come to an agreement. How to discuss this information with students is clearly laid out in the manual and in the video.

How will I know that the kids are ready to take on mediating?
The lesson plans allow lots of time to practice, practice, practice. After they have completed the course, the school may want to have an assembly to explain mediation to the other students, and to swear in the mediators. The student mediators work in teams, which gives them more confidence and greater resources.

What if I have questions that are not addressed in the notebook, is there someone I can call?
Dicky Grigg and Eric Galton have volunteered to field questions; both have experience teaching this program. Contact Grigg at grigg@jump.ner or Galton at eric@gcbmediators.com.

Does this program really work?
At Mendez Middle School, counselor Nancy Lewis said the mediations have better than a 90 percent success rate, in that they reach an agreement that both disputing parties sign. Another counselor, Imelda Acosta, said that more than 95 percent of the agreements stick. “Students have a hand in creating the solution and so they buy into it,” said Acosta. “Also, most of the students have never signed a contract before; they take this very seriously.”

What if the students cannot reach a solution or an agreement?
The students in the dispute always have the option of going to the counselor, principal, or other school administrator to solve their differences. Most students would rather not face a principal. Also most disputes are the “she said/he said” variety where students just want to be heard and want the problem to end without losing face. Mediation offers a solution.

What if the problem is serious, perhaps involving guns or drugs?
Most schools have a policy that if a dispute involves guns, drugs, or even gangs, the police are called. It is up to the school to define the type of problems they will allow students to mediate. At Mendez, students also don’t mediate student-teacher disputes, or parent-child disputes.

What are some examples of disputes these student mediators might take on?
Here are some typical examples:

Andy calls Tom an idiot in math class because Tom always asks questions and holds up the rest of the class. Math is hard for Tom but he wants to learn. He resents everyone putting him down, especially Andy. Andy makes a face, and Tom gets mad and kicks Andy’s desk, causing his books to fall to the floor. Andy jumps up ready to fight. The teacher gives them the option of going to mediation or the principal’s office.

At lunch time, Jennifer is saving a seat for Barbara. Mary comes over and tries to sit down in that seat. Jennifer and Mary get in a shouting match. Barbara arrives and tries to shove Mary out of the seat, and pushes over her lunch tray, which falls to the floor. A teacher comes over and tells them that if they can’t work things out, they all need to go to mediation.

Everyone is taking a test. David looks at Joe’s paper. Joe tells David to stop. The teacher sees Joe talking and accuses him of cheating. Joe has to go to the principal’s office and is subsequently punished. Later, between classes, Joe challenges David and starts a fight because David got him in trouble. A teacher intervenes and gives the boys a choice of going to the principal or to mediation.

Sam and Oliver are best friends and have been working out to make the football team. Oliver makes the team but Sam does not. Oliver begins to hang out with his new friends on the team and spends less time with Sam. Sam is mad, and so when they see each other at their lockers, Sam starts a fight with Oliver. The principal is passing by and tells them to go to his office or mediation. So, how much of a time commitment must I make to participate in the program?
It’s approximately 20 hours over a three-month period: two and one half hours to view the video, one hour to read and flip through the notebook, about 30 minutes preparation plus one hour for six to eight weeks for meeting with the students — which equals 15 hours. Add time to meet with the principal or counselor to set up the program, plus driving time for each of the sessions.

Can I get CLE credit for this?
Yes, you can earn 2.5 hours participatory credit by watching the video with one or more lawyers; if done individually, it counts as self-study. And, your commitment of time during the school year will earn pro bono credit (for voluntary reporting or toward membership in the Pro Bono College of the State Bar of Texas) which will amount to about two hours a week.

What happens after the classes end? Will I meet with the students once they start mediating?
That is up to you. Dicky Grigg takes a couple of pizzas to the school once a month during lunch and meets with his group to see if anyone has encountered problems. Confidentiality is a big part of mediation, so the students cannot discuss specific cases or the students involved. The discussions are more on techniques. Grigg also distributes his business phone number so the students can call him if necessary.

If I agree to do it for one year, am I committed to doing it for more?
No, but be warned you may enjoy it so much that you will be hooked and look forward to doing it again and again. Grigg started teaching student mediators six years ago and says, “It’s one of the most rewarding experiences I’ve ever had.”

Click here to download the Mediators Achieving Peace Training Manual.

For more information, and to register and get involved in MAP, contact Jan Miller at (800) 204-2222 or (512)463-1463, Ext. 2120. Or email Dicky Grigg at dicky@grigg-law.com

Mediators Achieving Peace: State Bar Program Targets Middle School Students

MAP What it is and How it Works

Mediators Achieving Peace: State Bar Program
Targets Middle School Students