FREQUENTLY ASKED QUESTIONS

ADVANCED CERTIFICATE AND MSC IN CONFLICT RESOLUTION AND MEDIATION STUDIES

What is the difference between conflict resolution, alternative dispute resolution (ADR) and mediation?

Mediation is one form of conflict resolution and the one most practised and familiar. Conflict Resolution (CR) is the broader subject area and theories of conflict and approaches to conflict resolution are an integral part of both courses. Alternative Dispute Resolution is mainly practised in a court setting.

The courses look at theories about conflict and different forms of conflict intervention; however mediation is a major component as it is the most widely practised form of conflict resolution. This is often debated, and a balance can be achieved through discussion. The course does NOT advocate one model of mediation but introduces students to a range of models, which are changing and developing.

Why do these courses?

As conflict is part of human life and relationships, students are able to apply the learning to how they respond to and manage conflict in their personal and professional lives. Keeping a “leaning portfolio” on the AC and a reflective Journal on the MSc as part of the assessment encourages students to reflect on their learning and its relevance and application to work and home. Over the years many students have said how helpful they have found this; for some doing the course has changed the way they feel about conflict and how they deal with it.

One of the most exciting aspects of the courses is the wide range of students it attracts, from a variety of professional backgrounds, with different interests. The structure of both the AC and MSc includes input from tutors and invited presenters and small and large group discussions. Having an eclectic group of students means the discussions are challenging and people learn from each other’s experiences. There have always been a mixture of students, some of whom are experienced mediators and others who come from a variety of professional backgrounds and some of the seminars are about integrating theory and practice.

What are the opportunities for a career in conflict resolution and mediation?

Mediation as said above is the field most widely practised and it is still a new field of work – twenty years old in the UK. There has been an expansion since the 1990’s in family mediation, commercial and community with Government encouraging the use of ADR as a way of reducing cases going to trial or tribunals; the introduction of legal aid in 1996 for divorce mediation, the Woolf reforms in civil and commercial cases (court based). Restorative Justice (RJ) which includes some victim offender schemes and other CR models such as conferencing. There are a small number of peer mediation schemes in schools and conflict resolution is supposed to be part of the PSHE teaching (personal and social education) syllabus. Some fields are more regulated than others in terms of training and competency based accreditation, but this is a changing landscape.

Family mediation (divorce and separation)

This is at a crossroads in that mediation services are being squeezed financially at the same time that increasing pressure is being brought to bear on increasing referrals to mediation and reducing the number of cases that go to court. The next few years will be crucial in determining whether mediation becomes more accepted and utilized by the public, with more solicitors referring cases to mediation or whether compulsory mediation for parents with children is introduced.

The training for family mediation has been regulated by the UK College of Family Mediators and the Law Panel; this too is undergoing change at this time.

Community mediation

There have been community mediation schemes since the 1980’s. Generally mediators are volunteers who are recruited and trained from the local community. Many of the students have become volunteers and done their mediation training through his route. The mainstay of community mediation has been dealing with neighbour disputes, with funding from the Housing authority. Some community services also do homeless mediation (as do some family mediation services), some are working with intergenerational conflicts as between teenagers and parents, others are involved with community cohesion schemes- and this an area of great interest to government and potentially one which will attract funding and job opportunities. Mediation UK was the umbrella body for community mediation as well as some workplace and RJ but it no longer is operational and again we don’t yet know what will take its place.

Most schools mediation projects are run by community mediation services, but some students on the courses have been school counsellors and there could be opportunities to develop programmes for teaching conflict resolution skills for students and teachers.

Workplace mediation

This is potentially an expanding area and at present is not regulated. Some mediators have set up private businesses and work in the voluntary and private sectors. The requirement to offer some kind of alternative dispute resolution is part of employment legislation (to try and prevent people going to expensive tribunals where possible). ACAS has been doing workplace conciliation and now offers mediation as well. We have had students who work as organisational consultants on the course and some have developed mediation practices once they have trained as mediators

Civil and Commercial mediation and ADR

Lord Woolf introduced reforms into the legal system ten years ago to encourage the use of mediation rather than litigation to settle disputes. Although not compulsory, there is a precedent for costs sanctions against parties who have not reasonably considered using mediation before proceeding to litigation. This is generally the province of lawyers, although the training provided by CEDR (Centre for Effective Dispute Resolution) is open to non lawyers, there is no guarantee that work would be forthcoming for trainees. Thee Civil Mediation Council has recently been set up and it is early days for this organisation.

Health Conciliation and Disability mediation

At one point it seemed this would be an expanding area; but at present it is happening in the NHS in-house with the setting up of “PALS” teams and it is difficult to predict what will happen here.

There is a Disability Conciliation organisation that deals with disputes between people with disabilities and employees or other bodies, but again this is a small area of work at present.

How to choose between the Advanced Certificate and the MSc?

If you have very little knowledge and experience of mediation or conflict resolution, the AC provides a thorough introduction and overview of theory, opportunities to reflect on your own ways of responding to conflict, many invited speakers talking about their area of mediation practice, and the tutors and invited speakers introduce a variety of theoretical frameworks such as systemic, narrative, as well as theories about the nature of conflict and different forms of conflict resolution. For those who have not been in higher education before or for a long time, the AC can build confidence in entering academia, writing essays and the assessment is not too onerous. The course meets weekly and this allows students to get to know each other and build cohesion as a group.

The MSc requires a first degree (Hons) and some experience in conflict resolution and mediation, or a relevant professional experience and the ability to manage academic work at master’s level. The MSc looks at theory in more depth; it relies on students undertaking independent learning as the course meets monthly. The research methods are taught by tutors from Birkbeck and prepare students to undertake doing a Dissertation in the second year. Dissertation proposals are submitted in June of Year 1. If a student decides not to continue into year 2 and they complete and pass all the work for year 1, they can be awarded a Diploma. Those who complete and pass year 2 will be awarded an MSc. The course meets two days a month in Year 1 and one day for 6 months in Year 2.

These courses are still unique in the UK and they are provided an academic base and forum for students to work in the field with an academic qualification. The training courses have been until now skills and process based, but changes are happening here as the need for theory and more advanced knowledge takes hold in the UK. Students are very much at the cutting edge and pioneering developments in conflict resolution and mediation as an academic discipline as well as a field of practice. These are exciting times for the courses tempered by uncertainties and changes in the training, regulation and opportunities for work

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