ADULTS IN CONFLICT ALSO NEED HELP

Mediator describes how he calms strife among citizens.

Throughout history, humans have fought over everything from food to status, fueled by jealousy, need or just plain meanness.

So how can we suppress our inherent impulse toward conflict? The answer lies in an idea as ancient as conflict itself -- conflict mediation. The Bible is filled with passages in which God acts as mediator to warring tribes and relatives.

In modern times, Mahatma Gandhi successfully won the end of British oppression in India with his nonviolent methods. In the United States, Dr. Martin Luther King Jr. used only words to push for racial equality.

Since the death of these two leaders, various peace programs, such as those offered by the Peace Learning Center of Indianapolis, have popped up across the nation to teach conflict mediation to youth. Though children can learn peacemaking skills, it is often difficult for them to apply these skills to an impulsive, adult-run world, especially when adults don't use such skills themselves.

Conflict-resolution programs are becoming more popular as a means to resolve disputes between adults. Two common forms of dispute resolution are mediation and arbitration.

In mediation, people representing both sides of a dispute present their arguments to an impartial mediator, who helps the combatants come to a resolution.

The process is similar in arbitration, but after hearing both sides, an arbitrator issues a ruling rather than working with the combatants to find their own resolution.

In Indiana, mediation and arbitration are alternatives to litigation in all civil and domestic relations cases filed in circuit, superior, county, municipal and probate courts. Mediation is most widely accepted in civil cases and those involving divorce, child custody and visitation.

"Community mediation," which involves the use of trained volunteers to resolve disputes in their neighborhoods, is less common in Indiana than in surrounding states. In Marion County, the prosecutor's office offers Conflict Resolution Services for complainants in IPD's South and East districts.

In addition to providing a place for community members to air their grievances, the office offers Community Court, in which volunteers sit on "community impact panels" and let persons who have committed minor offenses in their area know how these acts affect the community.

Sentencing alternative

As conflict resolution coordinator for the Marion County Prosecutor's Office, Mark Taxter is in charge of both these efforts. He explained that the impact panels are a form of alternative sentencing for criminals who have pleaded guilty to minor offenses such as trespassing, public intoxication, possession of marijuana and prostitution.

Impact panels force offenders to come to terms with their actions by placing them face-to-face with members of the community. These panelists talk to offenders about the consequences of their actions on the community as a whole. A mediator oversees the discussion between panelists and offenders.

Taxter acts as a conflict mediator every other Tuesday night. At a recent community impact hearing, he explained his role:

"Effective mediators listen well. They're able to take topics or subjects that people are disputing over and say, 'OK, let me make sure I understand what you're saying: Your concern was this, your concern was this.' You're putting it in a different language for them to help them. Good mediators don't necessarily come up with solutions -- because once again, as a mediator, that's not your job. As a mediator, you're there to help folks understand what the problem is."

Y-Press recently attended an impact panel hearing in Fountain Square in which the offenses discussed were prostitution, public intoxication and possession of illegal substances. The three panelists were community activists who explained to the offenders the effects that their law-breaking has on their neighborhoods.

One panelist who had lived in the same Fountain Square house since infancy explained to offenders how drugs and prostitution have caused her neighborhood to deteriorate over time.

Offenders listened quietly, or told the panel about the problems they have that sometimes cause them to act inappropriately. After the hearing, offenders complete their community service, as assigned by the courts.

Taxter says most impact panel hearings are peaceful. "It's a very casual situation. The offenders feel pretty much comfortable talking. They're not as defensive," he said.

Positive response

The University of Indianapolis is undertaking a study to see if the mediation program has significantly affected crime rates in the area. Taxter believes the panels, which have been convened since 2002, are successful, citing the positive response from people who have been through the system.

"The people who come through the impact panel and who fill out the surveys say that they've learned a lot from their experience and that they would think twice about committing that crime again," he said, adding that some offenders have served on the impact panels.

Taxter also is pleased with his mediation efforts between neighbors, saying he has scheduled about 80 mediations in the past four months.

"A lot of neighbors don't know how to deal with a conflict other than try to get the best of the other person. They haven't stopped to think if this is a good thing or a bad thing; they're just caught up in this conflict.

"If people sit down at the table, even if they don't come away with an agreement, that's a step, because they've listened to each other," he added.

Being a mediator has had an impact on Taxter as well. "The model mediation that I was taught didn't just teach me how to mediate, sit down with two people that were disputing, but it also taught me several other things. One of them was that I am actively listening to what people are telling me, because as a mediator your role is to listen."

He also explained that he has become much more observant of people he encounters.

"When we do our impact panel, you'll see body language that'll tell you things like, 'Are the people comfortable who are here? Are they starting to feel comfortable? Are they agitated?' You know, there's a lot of different things you're going to see."

In fact, Taxter explained that everyone can benefit from learning mediation skills, but adults have a duty to learn them.

"We all as adults are role models -- that's a key point (I make) with every impact panel that I do. Whether it's to their kids, whether it's to the neighbors, the kids in the neighborhood, whether it's to whomever. If you come in contact with a younger person, you're a role model. You have that responsibility always," he said.