The Journal of College and University Student Housing - Volume 45, No. 2 - 23

Evolution of Alternative Dispute Resolution Practices

Ideally, because the parties to

the resolutions and action plans themselves,
the likelihood of investment by both parties is
maximized. Processes of (re)negotiating roommate contracts and addressing roommate
disputes are perhaps the most common examples of mediation in residence life. However,
despite its many benefits, ADR processes are
not appropriate in all circumstances. Although
they have been successfully used in cases involving physical assault (Katz & Kovack, 2016)
and bias incidents (Coates, Umbreit, & Vos,
2006), restorative justice and mediation processes themselves can sometimes result in revictimizing the victims. Additionally, without
appropriate follow-up and monitoring, victims
as well as offenders could be subject to retaliation; in no case should ADR processes be used
when offenders do not accept responsibility for
the misconduct (Clark, 2014).

mediation determine the resolutions

Hesitations About ADR

and action plans themselves, the

Restorative justice processes in particular can
be problematic and potentially inappropriate in cases involving sexual violence (Daly,
2000; Daly & Stubbs, 2006; Hudson, 2002),
since placing victims/survivors in front of
their perpetrators can cause additional trauma.
However, other research shows that some
victims/survivors of sexual violence want to
meet with perpetrators (often in appropriately structured and monitored settings) to ask
questions they believe would aid their healing
process (Koss, Wilgus, & Williamsen, 2014;
McGlynn, Westmarland, & Godden, 2012).
Trained professionals in consultation with
students/residents must determine which
cases could best be addressed via ADR techniques, and trained professionals are also best
equipped to intervene if an ADR process veers
into potentially harmful territory.

electronic devices (Olshak, 2001) to minimize
distractions. According to Olshak (2001), the
mediator allows each participant to talk and
ask guiding questions that bring the conversation toward an actionable resolution.
Effective mediators can be individuals who
have earned the trust of participants-such
as resident assistants-or individuals who do
not know the participants and do not have a
(direct) vested interest in the ultimate outcome
(Warters, 2009). However, all mediators should
be formally trained. Many colleges and universities, attorneys, and other third-party organizations offer mediation training to faculty, staff,
and students (Rommel & Bailey, 2016). An

likelihood of investment by both
parties is maximized.

introductory training is around 30-40 hours
(Rommel & Bailey, 2016), often over two or
three days, and typically includes a foundational
overview, case study discussion, and facilitation
practice (Skidmore College, 2018a).
When considering any ADR practice to
address a particular situation, pre-conference
meetings are required to ensure that an alternative process such as mediation is appropriate to the situation (Karp, 2015). Ideally,
because the parties to mediation determine

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The Journal of College and University Student Housing - Volume 45, No. 2

Table of Contents for the Digital Edition of The Journal of College and University Student Housing - Volume 45, No. 2