Vice president Special Commission for Social Affairs

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Jef Mostinckx

• Vice president Special Commission for
  Social Affairs
• Federal Mediation Commission
• Master Criminology (KULeuven)
• European master in mediation (IUKB Sion)

Picture

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EUROPEAN CRIME PREVENTION NETWORKBest
Practice Conference Brussels 1-2 december
2010Community and neigbourhood mediators
provide a FREE, CONFIDENTIAL and VOLUNTARY

dispute resolution service to their community

• 3 parts
• What is mediation?
• What is community and
• neighbourhood mediation?
• 3. The mediation process

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Part 1 What is mediation?

• Mediation is a way of resolving disputes without
  going to the court
• Mediation is an informal process in which a
  trained mediator assists the parties to reach a
  negotiated solution
• Mediation as a process involves a neutral third
  party
• assisting two or more persons, "parties" or
  stakeholders
• to find mutually-agreeable solutions to a
  conflict or difficult problems.

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Advantages of mediation

• It allows people to be heard
• It is an empowering process that encourages
  people to put forward their own suggestions and
  ideas
• It is less intimidating than legal procedures
• People represent themselves rather than having
  someone speak for them
• It provides solutions that the parties themselves
  have decided on
• It gives people a sense of ownership of their
  agreement
• Agreements reached last much longer than
  solutions handed down by courts or an arbitrator
• It can be organised quickly and it is easy to
  arrange
• It is usually affordable by all.

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The role of the mediator is based on the
following principles

1. Mediators help people to identify their needs,
   clarify issues, explore solutions and negotiate
   their own agreement
2. Mediators do not advise those in dispute, but
   help people to communicate with one another
3. Mediators are impartial, and must have no stake
   in the outcome of the process.
4. The mediation process is strictly confidential.
   Information revealed during the mediation session
   cannot be disclosed to anyone and cannot be used
   during any subsequent investigation.

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Legislation about mediation in Belgium

• Loi du 21 février 2005 modifiant le Code
  Judiciaire en ce qui concerne la médiation (MB
  22.03.2005)
• La médiation pénale, telle qu'elle est instaurée
  dans l'article 216ter du Code d'instruction
  criminelle par la loi du 10 février 1994,
  exécutée par l'arrêté royal du 24.10.1994 (MB
  01.11.1994)
• Loi du 22 juin 2005 pour lintroduction de la
  médiation dans la procédure pénale et loi du 22
  juin 2005 pour réintroduction des prestations de
  service de la médiation dans les affaires
  judiciaires
• Chap. III de larrêté du Gouvernement flamand du
  4 avril 1990 pour coordonner les décrets (BJB)
  détermine le fonctionnement de la médiation
  concernant laide spéciale à la jeunesse (M.B.
  08.05.1990)
• La médiation et la concertation restauratrice en
  groupe lois des 15 mai 2006 et 13 juin 2006
  modifiant la législation relative à la protection
  de la jeunesse et à la prise en charge des
  mineurs ayant commis un fait qualifié infraction
  (Cf. Circulaire ministérielle n 2/2007 du 7 mars
  2007)
• La médiation de dettes réglementée par la loi du
  12 juin 1991 relative au crédit à la consommation
  est réglée pour la Région wallonne, par décret du
  7 juillet 1994 et ses arrêtés d'exécution et pour
  la Flandre par décret du 24 juillet 1996
  (lagrément des instances pour la médiation de
  dettes)
• Loi du 24 avril 2003 réformant ladoption (MB
  16.09.2005)
• VDAB, FOREM, BGDA et Bruxelles-Formation et le
  Arbeitsamt comme agences gouvernementales pour la
  médiation de lemploi (décrets de
  fondation/résolution)
• Décret du 13 avril 1999 en rapport avec la
  médiation privée de lemploi dans la Communauté
  Flamande, version coordonnée

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Justice versus mediation

• Horizontal logic (participation)
• In search of mutual agreement
• Priority to both parties interest
• Informal Equivalence between the parties
• Social frame
• Binding reliance

• Vertical logic (hierarchy)
• In search of truth
• Priority to public order
• Legal/juridical nature
• Judicial frame
• Breaking off (Rupture)

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Part 2 Neighbourhood mediators

• are specialised in resolving disputes among
  residents and neighbours, such as noise nuisance,
  harassment and boundaries.
• work on the principle that members of the local
  community are the best people to resolve local
  disputes (gtcitizenship and sense of public
  responsibility)
• are trained, but often work as volunteers.

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Community and neighbourhood mediation is
characterized by

• The use of trained community volunteers as the
  primary providers of mediation
• Volunteers are not required to have academic or
  professional credentials
• A private non-profit or public agency, with a
  governing/advisory board
• Mediators, staff and governing/advisory board are
  representative of the diversity of the community
  
• Providing direct access of mediation to the
  public through self referral and striving to
  reduce barriers to service including physical,
  linguistic, cultural, and economic

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Community and neighbourhood mediation is
characterized by

• 6. Providing service to clients regardless of
  their ability to pay
• 7. Initiating, facilitating and educating for
  collaborative community relationships to effect
  positive systemic change
• 8. Engaging in public awareness and educational
  activities about the values and practices of
  mediation
• 9. Providing a forum for dispute resolution at
  the early stages of the conflict
• 10. Providing an alternative to the judicial
  system at any stage of the conflict.

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What is community and what isneighbourhood
mediation?

• Community mediation is focussing on community
  conflicts and community relationships
• gt disputes that involve issues affecting groups
  of residents.
• It is keeping the lines of communication open
  between the different groups in a community and
  is promoting social cohesion.
• Neighbourhood mediation is focussing on
  neighbourhood conflicts.
• It is neighbourhood Dispute Resolution in
  relation to boundaries, noise, harassment, pets,
  parking, fences, trees etc.

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Comparison barrister, social worker, therapist,
mediator
Profession Barrister Lawyer Social worker Therapist Mediator
Method Defending / juridical counsel Case work Group work Family work Therapy Counselling Mediation
Representing clients - -
Pleading the cause of a client /- -
Defending interests of clients -
Negotiate
Independency -
Confidentiality /-
Take up a position (point of view) -
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What are the benefits of neighbourhood
mediation?

• The service is free and is provided by trained
  mediators
• It allows you to give neighbours a clearer idea
  of what the problem is
• Its impartial mediators DO NOT take sides
• Realistic and practical outcomes can be agreed
• It offers the possibility for neighbours to stay
  on speaking terms
• It avoids stress and financial aspects of
  employing a solicitor and going to court
• IT IS CONFIDENTIAL.      

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No compulsory elements

• Each party is allowed to explain their own story
  
• The identification of issues, facilitated by the
  mediator
• The clarification and detailed specification of
  respective interests and objectives
• The conversion of a subjective approach into a
  more objective
• Identification of options
• Discussion and analysis of the possible effects
  of various solutions
• The adjustment and the refinement of the proposed
  solutions
• The written agreement signed by the parties.

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Advantages and disadvantages of neighbourhood
mediation

• Advantages
• It is independent.
• The parties decide the outcome together
• It is usually free
• It can be quick
• It is not adversarial, so it can help maintain
  ongoing relationships
• It gives parties a possibility to have their say
• It can address problems of communication
  breakdown
• It can provide a way forward where there are no
  legal remedies

• Disadvantages
• It will not prove someone wrong or right
• It cannot guarantee that a resolution is reached
• You cant make the other person take part if they
  dont want to
• The mediated agreement is not compulsory

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Neighbourhood mediators often deal with the
following issues

• Noise
• Disturbance
• Vandalism
• Pets
• Harassment
• Parking/Vehicular access
• Behaviours of young people

• 8. Upkeep of property
• 9. Waste/Litter
• 10.Boundary Disputes
• 11.Gardens/Hedges
• 12.Hours of activity
• Landlord/Tenant
• payment
• cleanliness
• repairs
• renovation

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Part 3 Mediation processHow to mediate between
neighbours?

• The neigbourhood mediator is

1. The opener of communication
2. The legitimizer
3. The process facilitator
4. The trainer
5. The resource expander
6. The problem explorer
7. The agent of reality
8. The scapegoat
9. The leader

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Tasks of the neigbourhood mediator

• Initiates or facilitates communication ( opener)
• Helps all parties recognize the right of others
  to be involved in negotiations ( legitimiser)
• Provides a procedure and chairs the negotiating
  process ( facilitator)
• Educates unprepared parties in the bargaining
  process ( trainer)
• Offers procedural assistance and links them to
  outside experts ( expander)
• Enables people in dispute to examine the problem
  from a variety of viewpoints ( explorer)
• Helps build a reasonable and implementable
  settlement ( reality check)
• Takes some of the responsibility or blame for an
  unpopular decision ( scapegoat)
• Takes the initiative to move the negotiations
  forward ( leader)

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Neighbourhood mediators Who are they and what
do they do?

• They are trained volunteers or trained officers
• They will listen to both parties involved in a
  dispute
• They will remain neutral
• They are non-judgemental
• They do not suggest solutions or dispute the
  facts
• They help neighbours to resolve their problems
  through the controlled process of mediation
• They set some ground rules, such as
• no interrupting while one person is speaking
• ask the parties if they would like to add
  something
• summarize what each party has said
• identify both facts and feelings so that each
  party feels heard and can move toward a solution
• identify common ground about what has happened
  and what is needed to resolve the situation.

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How does neighbourhood mediation works?

• Once a referral is made to the service
• two mediators are allocated to the case by the
  coordinator
• they will visit each party and discuss the
  issue(s).
• If the parties agree to a mediation session
• the mediators will arrange for a safe, neutral
  location for the neighbours to meet and talk
  through the issues.
• they will explain the process of mediation,
  including how the mediation session will be
  conducted.
• the mediators will listen to all sides and will
  assist the neighbours in reaching an agreement.

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Mediation process

• Stage 1  Introduction
• Mediators and participants introduce themselves
• Mediators explain the mediation process
• Stage 2  Story telling Uninterrupted Speaking
  Time
• Each party will have the possibility
• to talk about what has brought them into
  mediation
• to explain their perspective
• to say what they need and what is needed to
  resolve the situation.
• Stage 3  Clarifying Issues/Setting the Agenda 
• Speaking about questions that are relevant to the
  issues. 
• Creating a list of specific issues that the
  parties want to address.

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Mediation process

• Stage 4  Brainstorming
• Listing as many ideas as possible to spark an
  idea for a workable solution that is acceptable
  to all parties
• Stage 5  Evaluating of alternatives
• Mediators ask reality check to make sure they
  are choosing options that satisfy their needs.
• Mediators will try to ensure that the agreement
  is in balance, i.e. no one party is taking all
  the responsibility for the agreement
• Stage 6  Writing the Agreement
• Mediators will write the agreement for the
  parties, making sure the parties have the Who,
  What, Where, When, and How so that the agreement
  is realistic and clear. 

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Conclusion

• Four doors courthouse
• A door for justice
• A door for arbitration
• A door for negotiation and reconciliation
• A door for mediation

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Judiciary (court)
Negotiation
Social Work

Community work
Mediation
Judicial frame
Social frame
Binding advice
Arbitration
Counselling
Therapy
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Teaser

• This afternoon you will have the possibility
• to assist to 5 interesting presentations of best
  practices of neighbourhood mediation
• Belgium, Robert Delathouwer
• France, Sheila Guyot-Sutherland, project AMELY -
  Lyon
• The Netherlands, Marina Blok, neighbour mediation
  Rotterdam centre
• Luxemburg, Paul Demaret, centre of mediation in
  Luxemburg
• Spain, Oscar Valverde, project Badalona
  (Barcelona)