Enacted April 1996
Article I. Mission
The primary mission of the University Mediation Services will be to promote conflict resolution at the University of Virginia. Mediation will service willing disputants in their voluntary attempt to reach mutually satisfying agreements. It will serve both as an alternative to judicial procedures and also as a means of conflict resolution in cases that would not be subject to judicial procedures. The secondary purpose of University Mediation Services will be to educate the University community about the methods, skills, and attitudes fundamental to mediation and its uses both formal and informal to reduce conflicts on grounds.
Article II. Jurisdiction
Any conflcits in which at least one disputant is a student or student group, and in which both parties voluntarily agree to mediation shall be eligible to use University Mediation Services.
Article III. Confidentiality
All materials and communications released primarily in the mediation procedures of University Mediation Services that are not explicitly included in the final written agreement are confidential except:
Where all parties in the mediation agree in writing to waive this confidentiality.
Materials, particularly tangible evidence otherwise subject to discovery, that were not prepared specifically for use in the mediation process (consistent with the Code of Virginia).
The final written agreement, once signed by all parties present at the mediation, will be deemed an educational record and treated confidentially according to University policies on such records. Such educational records are also subject to the confidentiality requirements imposed by the federal Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g.
Article IV. Enforcement of Written Agreements
If any of the disputants involved in the case feel the other(s) has breached any provision of the agreement, University Mediation Services will encourage disputants to re-mediate in such situations. Disputants reserve the right to seek other means of enforcement of written agreements as well as to re-mediate.
Article V. Leadership
In the spring term the mediators and executive committee of University Mediation Services shall elect by a majority vote from among their members a Coordinator who will preside over the administration of University Mediation Services for the following school year. The responsibilities of the Coordinator will be: to preside at all meetings of University Mediation Services as circumstances permit, to see that all cases referred to University Mediation Services are properly handled, to be liaison to the University Judiciary Committee and other referral sources, to be the spokesperson for University Mediation Services, and to establish and appoint members to those subcommittees necessary to carry out the goals and policies of University Mediation Services.
The mediators and executive committee of University Mediation Services will also elect Directors of Cases, Public Relations, and Training.
The Director of Cases will be responsible for coordinating the in-take, scheduling and administration of mediations, and maintaining records of mediations and other contacts with interested or involved parties. As many students as are deemed necessary will be trained to aid the Director of Cases in the case in-take process.
The Director of Public Relations will lead efforts to educate the University community about University Mediation Services, and to promote skills and attitudes that effectively advance conflict resolution on Grounds.
The Director of Training will be responsible for promoting quality mediation skills of all University Mediation Services mediators through continued evaluations and training.
The Executive Committee of University Mediation Services, comprised of the Coordinator and all Directors, will also be responsible for appointing a secretary and treasurer of the organization. The Directors shall also be responsible for overseeing their respective subcommittees. University Mediation Services reserves the right to alter existing positions or to create new positions for the well-being of the organization.
Article VI. Selection of Mediators
The Executive Committee of University Mediation Services will select students to serve as mediators. University Mediation Services will interview potential mediators to determine if they exhibit the skills requiste to be a good mediator. Students chosen to become mediators shall be required to complete at least twenty hours of basic mediation training and to devote a specified amount of time to the organization.
Article VII. Training
All University Mediation Services mediators will be required to complete a twenty-hour basic training process. Student mediators will be trained through a course approved by the executive committee of University Mediation Services. The training may include, but not be limited to, courses offered by the University, by community mediation services/centers, and by University Mediation Services itself. University Mediation Services will budget the necessary funds to provide basic training for selected members.
In addition to basic training, mediators will attend supplemental training sessions. Supplemental training taught by trained experts will be provided throughout the school year and paid for, when necessary, by University Mediation Services. Examples of supplemental training topics include multi-cultural sensitivity, the use of effective language when producing written agreements, the addressing of confidentiality, and other matters deemed significant by the executive committee of University Mediation Services.
Article VIII. Amendments
Changes and additions to the constitution of University Mediation Services will require a majority of the vote of all students voting on the University Mediation Services proposal in a University-wide election. Such changes will be constructed for a vote as deemed necessary by the Executive Committee of University Mediation Services and approved for the University-wide vote by a majority of the mediators present at a meeting of University Mediation Services.
Download: Constitution
Click here for the UMS By-Laws .
