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| VACCR member centers provide a wide
range of services to the community that help thousands of
individuals and organizations make effective decisions and
resolve conflict. These include: |
- Neighbor-to-neighbor
disputes
- Facilitation
of public policy, community and large group decisions
- Parent/teen
issues
- Landlord/tenant
disputes
- Consumer/merchant
disputes
- Misdemeanor
criminal cases
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- Restorative
justice and victim offender mediation
- Mediation
of small claims, general district and circuit court cases
- Custody,
visitation, child and spousal support and divorce
property disposition plans
- Youth
issues and school peer mediation
- Facilitation
of public dialogues
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Conflict resolution provides tangible
results - both for individuals and institutions.
Here are just some of the examples of specific results
that accrue due to wide access to conflict resolution
resources:
- Relieves
congestion — especially
at the General District and JDR Courts
- Presents a very positive
face to citizens — as
a user friendly process. When applied in partnership
with community institutions, such as courts,
police, legal services, homeowners associations,
etc., those institutions
are held in higher esteem and viewed as friendlier and more effective
- Greater
access to peaceful
conflict resolution for under-served families who
otherwise cannot afford private mediators or attorneys
- Improves
the lives of children - Helps both parents stay involved in the lives
of their children and assists them in developing
parenting plans that focus on their children and
takes into account their real life needs
- Access
to mediation and restorative
justice for youth and young adults involved in
minor offenses. participants collaboratively develop
restitution and prevention plans. Recidivism
is reduced wherever restorative justice is used and
crime victims feel the system worked
- Families
and citizens who participate in mediation report
a high degree of satisfaction. For example 93%
found mediation to be somewhat or very helpful – 90%
say they would use mediation again -- 93 % would
recommend mediation to others – and that
mediation resulted in agreement on all or some
of the issues in 85% of the cases (Source: Supreme
Court of Virginia)
- Mediation
helps families, parents, neighbors and other
citizens resolve underlying
conflict issues,
restore relationships and prevent violence and
reoccurrence, thus increasing the live-abilityand
quality of our communities
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Each year the VACCR member
centers, combined, mediate over 10,000 cases and
assist more than 25,000 clients in mediation, facilitation,
training, and information and referral. In addition
to the benefits that accrue to the individuals
involved in conflict resolution procedures, there
are a number of benefits to our community and institutions
as well. These include:
- Establishes innovative, cost-efficient,
and effective public-private partnerships
- for example with the courts, police,
legal services, etc. - to meet
community needs.
- Provides early intervention to
prevent costs to the communities of unmitigated
conflict, community disruption and ill-will,
litigation, and violence.
- Meets unmet community needs that
cannot be met by the private sector alone.
- Increases community access to
conflict resolution resources.
- Implements state policy that
encourages the use of mediation and similar dispute
resolution processes.
- Conserves state resources by
accessing volunteers, coordinating statewide
efforts, and leveraging foundation and community
funds to support the program.
- Improves community self-governance
and empowerment.
- Provides accountability through
statewide reporting and evaluation.
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Neighbor to neighbor disputes
can involve a very broad range of issues such as
property line issues, trees, shrubs, fences, children,
parking, use and maintenance of driveways, pets
and animals, cars, uses of the home and lot, noise
and bright lights, party-walls, trash disposal,
basket ball hoops, homeowners associations, etc.
The type of dispute alone does not determine the
level of conflict or degree of complexity in a
case. Many neighbor - neighbor disputes are resolved
almost instantly as the parties sit down and begin
to talk with each other. Other cases involve a
history of personal attacks, the calling in of
authorities in a tit-for-tat cycle of revenge and
retaliation, and/or multiple levels of conflict
and involvement of other neighbors – sometimes
up to hundreds of neighbors! |
Public
disputes, or public policy disputes or community-wide
disputes are conflicts that involve more than
just a few people and where a public policy issue
may be at stake. VACCR Centers may be involved
in both the larger types of these processes such
as those involved in the siting of large public
works projects like highways, buildings, parks,
power stations, nuclear reactors and landfills
or in resolving large scale environmental issues,
community visioning, etc. as well as smaller
scale issues. The latter include
school community conflicts around re-districting
or personnel changes or policy changes; church-community
conflicts concerning expansion or the addition
of a school or health facility, municipal-community
conflicts regarding the location of half-way
houses, drug treatment centers, or subsidized
housing units. VACCR has started a special project
known as "Virginia
Community Solutions" to
assure that communities across Virginia have
access to these types of stakeholder processes. |
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VACCR Centers
will use adult mediators or sometimes pair
up a youth and adult mediators to assist parents
and teens in resolving conflict or making decisions.
The goal of the mediators is not to intervene
in or challenge parental authority but to provide
a relatively safe, quiet and structured atmosphere
for discussions between a parent and teen to
take place. Teens respond favorable to this
process because they are treated with the same
level of respect and consideration in the process
as the adult parent. Parents respond well because
they have a structured environment within which
to conduct discussions and one in which the
mediators are not trying to evaluate, judge
or correct them.
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VACCR Centers
are becoming increasingly involved in restorative
justice type processes. There are a number of
different names for similar processes that have
the goal of helping victims of crime and the
offender who committed the crime deal with each
other and the results of the crime. Goals include
reintegration of the offender into the family
and community, encouraging personal responsibility,
restitution to the victim and bringing a sense
of closure to those involved. Cases can range
from youth offender misdemeanors to serious adult
felonies including even murder and rape.
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There are
many small landlords who manage just one or a
few properties for rent. Frequent issues can
arise with their tenants concerning such issues
as return of the security deposit, responsibility
for damage, presence of pets and additional people
in the unit, care and upkeep of the property,
relations with neighbors who may complain of
noise, trash or other issues, etc.
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There
is much conflict within families and between
roommates or housemates. Issues such as sharing
of facilities, responsibility for utility payments,
how to deal with a parent suffering from dementia,
how to divide property after the death of a parent,
medical decision making for disabled parents
or other family members who cannot make decisions
for themselves, etc.
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Traditional
mediation, rather than restorative justice processes,
might also be used by VACCR Centers in working with
parties involved in criminal misdemeanors. These
cases typically involve minor assaults and accusations
of property theft and they often arise among roommates,
friends, family members, neighbors and others who
have a pre-existing relationship. The goal is to
try to resolve the underlying issue in the hope that
the criminal acts will not be repeated. Because these
cases are often brought by individuals, rather than
filed by police or prosecutors, a successful resolution
can lead to dismissal of the charges.
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Many relatively
small disputes between consumers and merchants are
not easily susceptible to settlement through the
courts either because of the cost or the difficulty
of implementing a court judgment. For example, a
consumer might purchase a used car from an independent
used car dealer or just someone selling their car.
Shortly after purchase, the car blows a gasket or
starts to leak fluids or stops running. This is actually
fairly typical for older cars costing only a few
thousand dollars. Both the seller and the buyer are
often persons of limited financial resources. If
they go to court neither may be able to collect on
their judgment. The seller cannot readily refund
the purchase price. In mediation they can work out
some kind of payment plan, a repair plan or a car
replacement plan.
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There
are many types of cases brought in small claims and
other lower level courts that involve relatively
small amounts of money but may have the same level
of complexity as a case involving much larger sums.
VACCR Centers have been particularly good at helping to
settle these cases because they are typically able
to give the parties much more time to discuss the
issue than the court does. Typically, small claims
court trials last only 3-8 minutes! Mediators can
usually give the parties an hour or more and, if
needed, the parties can meet several times over the
course of weeks to discuss, negotiate and implement
a decision. An advantage of mediation is that implementation
of the agreement is almost guaranteed whereas a court
judgment is a complicated process and there is no
guarantee that the court’s order will be carried
out.
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Traditional litigation of custody
and visitation issues is very destructive and not
very effective. With mediation, parties can spend
sufficient time to explain their needs, interests,
values, goals and principles and then identify ways
of parenting that satisfy those needs. For example,
one parent might be locked into a position demanding "sole
custody" of the child. It turns out that
the child has severe asthma and this parent has always
been in charge of managing the child's medications
and communicating with the doctor about the child's
care. Demanding "sole custody" could
be this parent's way of ensuring that the child would
continue to receive proper asthma management. During
mediation the parents could work together to craft
ways that the asthma would continue to be well managed
- by focusing on medication routines, monitoring,
scheduling of doctor visits, emergency procedures,
etc. By establishing agreements on these issues,
the parent who had not usually managed the asthma
care develops greater knowledge and understanding
of the child's illness. This will also help
ensure good asthma care when the child is with that
parent whether they ultimately agree on a joint or
sole custody arrangement.
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Many VACCR Centers are
interested in helping to change the world by giving
people alternatives to traditional conflict settlement
and decision making by authorities. One way they
help to do this is by facilitating community dialogues
around difficult and controversial issues that divide
communities. The goal of these dialogues is not usually
to resolve the issues but to put the face of humanity
on each side, develop respect for people even when
there are strong disagreements and to learn to value
and respect differences. Dialogues are often conducted
around such difficult issues as racial equality,
ethnic differences, sexual preference issues and
abortion.
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School Peer Mediation: VACCR
Centers are often involved in helping to build and
maintain school peer mediation programs through training
and mentoring. For example, in Massachusetts, the
Attorney General’s
office has funded on-site community mediators in
high schools and middle schools through local VACCR Centers.
Youth Issues: There are a number
of youth issues that are often susceptible to resolution
through mediation even when they cannot be resolved
through other methods. Such issues as runaway teens,
truancy, intra-family assaults, etc. can often be
mediated because mediation can include all those
who need to be involved in making a decision, such
as the parents, the youth, school officials, police
representatives, social service office representatives,
etc. |
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