Ten to Work More Effectively with Volunteer Mediators

Susan J. Rogers

XWhat motivates volunteer mediators? How satisfied are they with their work? What can community dispute resolution centers do to keep their volunteers professionally enthused, dedicated, and involved in the ongoing ope~tions of the agency?

An extensive study 1 of volunteer community mediators in New York State explored these and other important questions of interest to both volunteer dis- pute resolvers and those who administer dispute resolution agencies. With a sample of 400 mediators from ten different dispute resolution centers in urban, subuxban, and rural locations, the study showed that factors associated with both the agency and the mediator affect such issues as the mediators' levels of commitment and satisfaction and their lengths of service and productivity. Most importantly, these research findings have important implications for the effective management of volunteer dispute resolvers and the promotion of a collaborative workAng environment where quality services can be efficiently rendered to disputing parties. At the end of this article, I offer ten recommen- dations on how to accomplish these goals.

The study found that volunteer mediators are predominantly Caucasian, female, middle-class, middle-aged, and married, have a college education or beyond, and are often working in professional occupations in the human serv- ices (e.g., law, education, social services). For the most part, they do not reflect the clientele they serve, Who are often poor and from mtflti-ethnic backgrounds. The demographic makeup of the volunteer mediator pool at most agencies reflects the background of the paid staff.

Findings that demonstrate the lack of diversity among mediator pools at colmlmnity dispute centers are supported by other major studies of volunteer mediators (Pipkin and Rifkin, I984; Davis, 1986; Harrington and Merry, 1988). These findings raise questions abom how well dispute centers represent the

s u s a n J . Rogers is a researcher, trainer, and practitioner in alternative dispute resolution and is affiliated with the Brooklyn Mediation Center in Brooklyn, New York. She is also a Senior Research Associate with MAGI Educational Services, Inc., 2 Madison Ave., Larchmont, NX, 10538.

07484526]91/0400-020156.50!0 © 1991 Plenum P~ablishing Corporation Negotiation Journal April 1991 201

communities they serve. One underlying ideology of community mediation espouses community cmpowerment in which members of the community can comfortably bring their disputes and be helped by fellow members of their com- munities who have similar backgrounds, values, and concerns (Shonholtz, 1984). When mediator pools lack the cultural diversity that is representative of the communities the3" serve, clients may doubt ~41ether this new approach to resolv- ing disputes will be empowering.

Although volunteer mediators may not be demographically diverse, the study found that they are a highly dedicated and committed segment of the dispute resolution movemem. Community mediators give approximately four years of service to their agencies and average approximately seven and a half hours of service per month, individuaUy handling about 60 cases during their service history. Most do not serve actively during the entire four-year period but, instead, take intermittent breaks in service. The majority of volunteer medi- ators contribute other volunteer services in their communities, and of those who do, most feel that their mediation work is their most important volmateer experience.

What Motivates Volunteers? The study showed that people are most often motivated to become volunteer mediators for altruistic or idealistic reasons rather than for pragmatic or self- development purposes. Their dedication to serving as mediators stems from their interest in helping others and from their desire to promote peace and har- mony in their communities (Figure 1 shows the masons given for volunteering in mediation). However, an interesting subset emerges--this phenomenon varies according to the age and educational backgrotmd of the mediator. Altruistic motivations are most often expressed by older, less educated volunteers, while younger people are more commonly motivated to become mediators out of more selfish concerns, such as self-development or career enhancement.

Being a mediator in our society has strong professional appeal because of its high status. Many people associate mediators with the role of a judge, which according to sociologists (Davis and Smith, 1982), is one of the highest ranked status occupations in the country. Many people perceive that mediators have a significant amount of power, partly because mediators have access to private and confidential information.

Generally, volunteer mediators are not motivated to serve because the agency they selected offers a monetary stipend. Mediators who do receive sti- pends from their agencies usually view the money as reimbursement for out- of-pocket expenses such as transportation or child care costs rather than as payment for services. Most mediators come from relatively high earning house- holds and, therefore would not consider a monetary stipend to be a strong motivator for volunteering.

Although the stipend was not found to be a strong moti~ator for this sam- ple of volunteers, it should not be discredited if dispute resolution operations are interested in recruiting and retaining a more diverse pool of mediators. Individuals with lower incomes may not consider the psychic rewards that medi- ation work has to offer unless their out-of-pocket expenses can be absorbed by the agency. Empirical studies of volunteers have shown that volunteers oper- ate under the equity principle: what the volunteer receives from his/her

202 S~san jr.. Rogers "Vbl~ntee;" Mediator"

FIGURE 1 Mean Response to the Impor tance o f

Reasons for Volunteer Mediating*

To h e l p o t h e r s

To l ea rn sk i l l s

To b u i l d c o m m u n i t y

To feel useful , n e e d e d

To ga in w o r k e x p e r i e n c e

To m e e t p e o p l e

To gain p r o m o t i o n

To t ake up t ime

To ge t s t i p e n d

To fulfi l l s c h o o l r e q u i r e m e n t

Because f r i ends v o l u n t e e r e d

** Other reasons

5.8

5

E ~ ; d;rY/e~ . . . . . . . . > . ,

%o'~,,,*;~ ~;~.~i ",:.: 2.5

5.>% 1.5

1.5

1.4

1.3

~- t . 3

6.6

2 3 4 5 6 7 Very Unimportant Mean Response Very Important

* N = 3 9 8 / #

** Other masons included: (t) to promote peace; (2) to help justlce system; and (3) to do stimulating, challenging work,

experience must either exceed or balance the costs (Salmon, 1985; Sainer and Zanger, 1971).

T h e L i k e s a n d G r i p e s o f V o l u n t e e r M e d i a t o r s Yblunteer mediators generally find their experiences to be challenging and ful- filling and their acquired sldUs to be useful in their personal and professional Lives. They develop an increased awareness of persons from varied backgrounds and acquire a heightened appreciation for the process of mediation.. Commu- nity mediators fred the directors and the paid staff they- work with at their agen- cies to be highly supportive, professional, and energetic and are satisfied overall with their experiences at the agencies.

The study also found that mediators have important gripes that need to be aired. Approximately one-fourth of the mediators polled voiced concern about not being used frequently enough or to their ~llest capacity. Agencies often have low and/or erratic caseloads with a disputant failure-to-appear rate of as high as 60 percent. In addition, they tend to draw from a core group of mediators, made up of about 15 percent of the volunteer pool, to handle a large percentage of cases. These core mediators are often retired volunteers who are more available during the daytime hours or are assessed by the direc-

Negotiation Journal April 1991 203

tor as having the strongest mediation skills. Other research on volunteer medi- ators in Massachusetts supports this phenomenon of core mediators and found that, along with handling a majority of cases for their agencies, core mediators heavily influence their agencies' perspectives of what constitutes "good" medi- ation practice (Harrington and Merry, 1988).

Some mediators, even at high caseload centers, are not called to mediate, nor are they given an explanation for why they are not being utilized. Close to a third of all mediators take breaks from servicing their agencies because they are not being used enough. A significant portion of mediators (28 per- cent) also terminate their service for this reason; very few volunteers qttit because the)" have experienced "burn out,"

The effective utilization of mediators is a major managerial problem for those who administer dispute resolution operations. Admires" trators cannot accurately predict t he" no-show" rate of disputants and, therefore, do not know how to effectively schedule mediators for cases. Often, administrators will over- recruit mediators to allow for times of high case processing or times when a significant portion of the mediator pool may be unavailable for service.

It has been found by industry that the best motivator for keeping people on the job is the work itself. The same can also be said for volunteers. Studies of vohmteers have identified that volunteer work is not a totally altruistic activity and that psychic rewards are not byproducts of those engaged in volunteer work, but are expected by them (Schafer, 1979; Phillips, 1982). A study of elderly volunteers participating in a serf-help program in St. Louis (Morrow-Howell and Mui, 1989) found that the volunteers' major reasons for quitting were related to their inability to help as much as they thought they could. An extensive study of community dispute resolution programs in Massachusetts showed similar findings. Many programs have mediator pools that are disproportionately large for the number of referrals they receive. The resulting underutilization of medi- ators adversely affects morale (Davis, 1986).

Although a significant portion of volunteers and agency administrators express concern about the excess recruitment and underutilization issue, others react diffeIx~tly. Some feel that although mediators may not mediate on a regular basis, the periodic training they receive offers valuable skills that mediators can personally utilize and disseminate to the larger community; Others believe that the periodic recruitment of new mediators gives service delivery "new blood" and revitalizes the experienced pool of mediators.

Mediators have additional gripes about their agencies. Close to a quarter of the volunteers polled feel that the physical surroundings of their agencies are inadequate. Often hearing rooms and surroundings are bleak, cramped, and noisy. Mediators frequently have to handle cases in empty hallways outside of courtrooms or in the sparse surroundings of facilities that have been offered pro bono (e.g., churches, schools). In addition, many mediators, especially those who mediate in the more isolated satellite offices, express anxiety about their safety and security.

Because of financial concerns, many dispute resolution agencies cannot provide more adequate facilities for their operations. The problematic funding issues of community dispute resolution centers have been recognized (Wahrhaftig, 1982; Davis, 1986; Fee, 1988). Agencies often function from year to year with unstable funding sources. Critiques of community- mediation have

204 Sus-an J. Rogers "~)luntee'r Mediators

labeled it as "second-class justice" (Abel, 1982), which largely serves the under- class in our society and lacks due process safeguards. When the facilities in which clients and mediators are placed are compared to traditional coum~onx% the resulting disparity reinforces the notion of "second-class" justice.

Still another issue for some volunteer mediators (17 percent) concerns the need for more feedback about their developing mediation skills. The study- found that mediators receive direct supervision and feedback during their ini- tial training (the state mandates at least 25 hours) and apprenticeship program, during which they role-play simulated mediations, observe mediation hearings, and mediate with more experienced mediators. However, after this point, volua- teer mediators do not receive regular feedback and often are uncertain of how well their developing skills are progressing. Some agency administrators receive feedback from clients about their satisfaction level with the mediator's services, but for the most part, very few empLrical methods are used by administrators to assess the mediators' skills.

Factors A f f e c t i n g t h e S a t i s f a c t i o n arid Commitment of Mediators Typically', highly satisfied mediators are serving at agencies with relatively high caseloads and, therefore, are given more of a chance to mediate. In addition, they are serving at centers where a variety of disputes need to be mediated (e.g., corrmaunity disputes involving harassment and minor assault charges between acquaintances, neighbors and landlords and tenants, family disputes, school conflicts, small claims disputes, environmental disputes) and, thereby, are experiencing diversity and growth in their work.

High satisfaction and commitment of volunteer mediators also exists at agencies where positive and congenial staff-mediator and mediator-mediator relations are evident. These are centers that have well-developed recognition syste~ms that infomaally and forma~y acknowledge volunteer mediators and may also employ informal promotional strategies with mediators. These might include:

® ut i l~ng veteran mediators in the training and evaluation of new mediators;

® offering public relations work to mediators;

® offering mediators more specialized training to enable them to mediate more complex disputes;

® employing a volunteer in a supervisory role for an evening; or

® fornlally promoting a volunteer to a paid staff position.

Centers that foster positive staff-mediator and mediator-mediator relations also provide opportunities for staff-mediator and mediator-mediator contact, including formal meetings and informal discussions, in-service training, and social events. Increased contact is encouraged when the agency can schedule multiple cases at one facility and provide a lounge area so that mediators can confer with each other about their cases.

Along with facilitating contact, a well-managed dispute center also pro- vides mechanisms for resolving internal conflict. The main purpose of a dis- pute resolution center is to provide conflict resolution services to the public. Ironically, frequently very little consJderation is given to "healing itself." Many

Negotiation JournaI April 1991 205

agencies lack organizational structures, such as advisory boards, through which volunteers can be involved in addressing underlying internal disputes. Those with advisory boards often suffer from vague and ill-defined parameters of juris- diction and responsibility. This frequently leads to mistrust and unproductive relationships for the agency and, therefore, reduced satisfaction and commit- ment among volunteer mediators.

Why is it that dispute centers are not better at acknowledging their own conflicts? Part of the answer may lie in the fact that many dispute centers are relatively new organizations and as yet have not addressed this structural con- cern. However, experts on voltmteer management contend that part of the resistance to acknowledge internal conflict in voluntary organizations has to do with the nature of staff-volunteer relations (Wilson, 1976). Often, paid staff do not recognize the legitimacy of volunteers in an organization and, there- fore, do not establish constructive communications and feedback with this seg- ment of the workforce. Paid staff may experience a loss of control when volunteers assume an active role in the agency and are afraid of acknowledg- ing the expertise of volunteers. The directors of agencies in which volunteers are utilized often feel overworked, understaffed, and underfunded, partially because they do not utilize the talented pool of volunteers in the most creative and effective ways possible.

The importance of good staff-volunteer relations cannot be underestimated in fostering a productive and successful agency. Effective staff-volunteer rela- tions are fostered by a director who promotes a "teammate" model (Schroder, 1986). In this model, both volunteers and staff share involvement in the respon- sibility for program planning, implementation, and evaluation. As a result, each partner on the team mmntains a high level of commitment--both to his/her participation and to the organization as a whole (Mausner, 1988).

Along with agency-related factors, the profile of satisfied and commit- ted volunteer mediators is also affected by factors related to the mediators themselves. Satisfied mediators have strong mediation skills, have mediated a large number of disputes, and have maintained a great deal of contact with the agency. Regarding attitude, satisfied mediators like the agency staff, the training received, the activities assigned, and feel that they have been able to serve the community.

Highly committed mediators have many of the same attributes as satisfied volunteers, as well as other qualities. Committed volunteer mediators receive a high degree of support from significant others for their volunteer work, feel that this volunteer work is more important than other volunteer efforts they are involved in, have realistic expectations of their volunteer experience, and usually make themselves available to mediate.

Findings linking mediator commitment with the realistic expectations of the mediator and the mediator's degree of support from significant others for the volunteer work have implications for volunteer recruiters. In the recruit- ment process, the expectations of the potential volunteer need to be assessed and then clarification needs to be made about how the volunteer experience wiU address and not address the expectations of the potential volunteer. Moreover, the recruiter may need to assess how supportive the external environ- ment will be in contributing to the ongoing growth and productivity of the potential volunteer.

2~6 Susar~ J. Rogers ~7olunteer lvlediators

K e y P r e d i c t o r s o f P r o d u c t i v e , Tenured, and Active Mediators The productivity, lerigth o f service, and level of activity of mediators can be predicted by a number of factors related to both the dispute resolution agen- de s and the mediators themselves° The most productive mediators-- that is, those w h o handle the highest propor t ion of cases for dispute resolution agencies--tend to be retirees or those who make themselves the most availa- ble to mediate and view their mediation work as their most impor~x t volun- teer experience. Younger mediators who practice mediation or arbitration in their paid occupations are also highly productive.

The Ngh productivity of retirees at dispute resolution centers is important to note for recmi tmem concerns. Although many young people are drawn to the growing field of alternative dispute resolution, based on the findings of this stud~, the recrttitment of older volunteers at communi ty dispute centers can be an important and wise consideration. Volunteer work in mediation can be especially inviting to an individual who is retired and is seeking a fulfilling and well-respected second career.

The most productive mediators are also those w h o m the dLrector identi- fies as being the most committed, satisfied, and motivated in the volunteer pool. This finding has important implications for a mediator w h o hopes to have a high caseload at his/her center. Since the director usually decides w h o will be called to mediate a case, his/her perceptions of a mediator can play a decisive role in determining how much work a mediator will be given.

Mediators wh o serve a long period of time at their agencies tend to be at agencies that have been in operation for a number of years and, surprisingly, that do not have a required time commitment of their volunteers (i.e., one or two years). In addition, mediators with lengthy tenures tend to be more satis- fied, committed, and older than less-tenured mediators. Mediators with shorter tenure tend to be younger. They are often students seeking to do mediation work as an internship for a fmure career.

The influence of the volunteer's time commitmem on his/her tenure may demonstrate the effect that externally defined time parameters have on an individual's volunteer expectations. When tenure expectations are defined by those wh o manage the volunteer and not by the vohmteer him/herself, the long- range plans of the volunteer may be affected. As the externally defined time commitment draws nea~ the volunteer may be more l"tkely to contemplate other ' activities than the volunteer who has been left to define his/her own time com- mitment to the agency. This finding has important implications for those w h o manage volunteers.

If the volunteer coordinator feels that "new blood" is needed periodically in the volunteer pool, specifying a time commitment will lead to a natural attri- t ion of veteran volunteers and, therefore, justify the recrt~tment of new medi- ators. On the other hand, if periodic recruitment is not a concern the program may want to retain a pool of experienced, veteran mediators and, therefore, not restrict the time that volunteers may serve.

Mediators w h o are reLatively active at their agencies (i.e., mediate on a regu- lar basis) also tend to be volunteers w h o are satisfied and committed. In addi- tion, these are volunteers who are relatively new at the dispute center, are at

Negotiation Journal April 199I 2 0 7

agencies with positive mediator-staff relations, have strong mediation skills, and have realistic expectations about their experience at the agency.

R e c o m m e n d a t i o n s Although the study of volunteer mediators found that, generally; mediators are relatively satisfied with their experiences at their agencies, it also showed that, across many diverse dispute resolution agencies, common concerns affect volun- teers and the effective management of volunteers. With these concerns in mind, I offer the following ten recommendations to guide those who work with volun- teer mediators:

(1) A Staff-Volunteer Partnership in Addressing the Underutilization Issue. Low caseloads and high no-show rates, and the resulting underutitiza- tion of mediators, cannot be viewed as "the director's problem" Direc- tors can share problematic concerns related to center operations with the mediators and initiate joint problem-solving. With this team approach, volunteers feel more ownership of the program and invest- ment in accomplishing the center's goals. With this developed relation- ship between staff and volunteers, volunteers will be less likely to place blame for operational concerns on certain individuals and be more likely to understand the structural limitations that the agency faces.

(2) More Creative Approaches to Utilizing Volunteers. If the agency confronts periods of low caseloads and mediators are not needed to resolve disputes, the staff-volunteer partnership should design alternative projects and responsibilities for volunteers. Volunteers may want to become more involved with the processing of cases, including doing follow-up on the compliance and satisfaction of clients. In addi- tion, volunteers can help confront the high no-show rates of disputants by having rigorous phone contact with disputants before their sched- uled mediation. Volunteers are often interested in communicating more with the community about the uses and advantages of alternative dis- pute resolution and can be utilized in this capacity. Volunteers may also be interested in writing newsletters or other periodicals that allow them to share with others the current literature in the field and innovations that have evolved.

(3) Clarification to New Volunteers o f Fluctuating Caseloads, High No- Show Rates o f Disputants, and Possible Periods o f Underutilization. Before embarldng on a volunteer experience, the volunteer has the right to know what lies ahead. The initial interview of the volunteer is a good time to discuss problematic issues that the mediator may face concern- ing center operations. It is also the best time for the interviewer (i.e., the director) to assess how realistic the expectations of the volunteer are in relation to the experience that the agency can offer the volunteer.

(4) Mediator Recognition Given for Alternative Service. Mediators at agencies with low caseloads may spend a good part of their service time performing other important tasks besides the handling of disputes. Mediators may also expend a significant amount of time wait- ing for disputants to show up for scheduled cases that often do not mattwiatize. Although the primary purpose of a dispute center is to resolve

208 S~san ft. Rogers Yolunteer Mediators

conflicts, and mediators are predominantly acknowledged for this kind of service, directors should also recognize volunteer mediators for the time they spend at the agency doing other tasks. This study showed that a small handful of an agency's mediators handle a significant por- tion of the disputes; this means that directors need to acknowledge the larger pool of volunteers who are doing less mediating for other contri- butions they may be making to the ongoing operations of the agency.

( 5 ) More Ongoing Mediator Feedback and DirectAssessment ofthe Agency's Need for the Mediator's Services. Volunteer mediators appreciate the independence that is given them in resolving people's disputes. However, they also want periodic feedback about their performance and skill development. When a volunteer is performing poorly, it is most common that the director wiU simply not request his/her mediation services. This noncommunicafion leads to con- fusion and alienation on the part of the mediator, who may possess weak skills but have positive intentions. One way to cushion giving negative feedback to a volunteer is to be clearly informed of the extensive alter- native volunteer services for which the weak-skilled mediator may be better suited.

(6) Updating and Structuring Mediator Rosters. Most mediator rosters at dispute centers have the names of far more medi- ators than are utilized by the centers. Although many experienced medi- ators give intermittent service to their agency, many want to maintain their name on the official roster. In order to facilitate the efficient utili- zation of available mediators, it is important to update and structure medi- ator rosters. Mediators should be phoned periodically or questionnaires should be mailed to mediators asking them to indicate their schedule and availability. Mediators should also be informed that, although their name has been maintained on the mediator roster, they may be called for only a limited number or specific kinds of cases. Moreover, if there is an infktx of new mediators, vetelan mediators should be informed that they may not be u~lized for a specified period of time.

(7) Broadened Outreach Efforts to Recruit Mediators. ff an Objective of a community dispute resolution center is to foster com- munity empowerment and encourage the use of the center by any and all members of the community, the need for a more diverse mediator pool must be addressed. Broadened outreach into the community- to recruit a more diverse pool of mediators can include such strategies as: developing contacts with ethnic-minority leadership in the community and requesting their advice on strategies to accomplish this goal; mak- ing presentations on alternative dispute resolution and the services of the local dispute center at organizational meetings and events that a cul- turally diverse population attends; and submitting promotional articles to publications that are heavily circulated in the parts of the commu- nity that are culturally diverse.

(8) More Adequate Physical Environments for Service Delivery. Volunteer mediators and the clients they serve should have the right to as adequate an environment as the judicial personnel and the disputants

Negotiation Journal April 199t 209

(9)

(10)

that are situated in the traditional courtroom situation. The present environments for service delivery are inadequate at most dispute centers and reinforce the notion that second-class justice is being served. This condition indicates that dispute centers are not being adequately- fimded and that state and municipal governments must consider a more stable and thorough ftmdJng approach. In addition, dispute centers must con- sider more creative approaches to funding, and directors should rely on a partnership approach by mobilizing others to action.

Fostering Positive Mediator-Mediator Relations. Visits to participating sites in the study revealed significant differences in environments that fostered positive mediator-mediator relations. Typi- call}; a desirable environment will provide the comfortable space and opportunity- for mediators to discuss their cases and get to know each other personally. When cases can be scheduled so that several media- tots have contact with each other over an evening or day period, it is most desirable. Mediators who work in isolation from other mediators, such as those in satellite offices, often do not experience the stimula- tion that mediators in larger offices do.

Providing For Internal Mechanisms to Resolve Conflict. Although the purpose of community dispute resolution centers is to resolve conflict between disputing community members, conflicts that develop internally should not go unaddressed. Volunteers and paid staff must be able to work in an environment that encourages the expres- sion of different opinions. An emphasis should be placed on getting problems out in the open, rather than smoothing them over or ignor- ing them. More formally, mechanisms should be developed for conflict intervention. People who are independent of the operations of a dis- pute center, but concerned about its growth and well-being, often serve in an advisory capacity on an advisory board. Trained in conciliation and mediation techniques, these people can be called upon as neutrals to help resolve internal disputes.

NOTE

1. The ten participating mediation centers in this study ranged in size from a center that handled close to 4,000 cases per year and had a mediator roster of over 100 mediators to a center that processed about 100 cases a year and worked with approximately 20 mediators. Data was col- lected with a ten-page survey completed by- 400 active and inactive mediators (response rate = 71%), an assessment tool completed by the directors on each participating mediator, as well as face-to-face interviews with the directors and focus group interviews with a sample of naediators.

The researcher wishes to acknowledge the mediators and center staff who participated in the study. In addition, appreciation is expressed for the project's research staff, consultants and advisor T board, without whose dedication this study would not have been possible.

The funding for this study of volu:nteer mediators was provided by a grant from the State Justice Institute. Points of ~iew expressed within this ardcle are those of the author and do not necessarily represent the official position of the State Justice Institute.

2J~ Sz~s~r~ j . Rogers Volunteer Mediators

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Negotiation Journal April 199l 211