Peacemaker Honor - Advanced

Missionary & Community Activities

Requirements

  1. Be at least 15 years old.
  2. Have the Peacemaker Honor.
  3. Define mediation and arbitration and discuss the similarities and differences between them.

    Answer: Mediation: a process in which an impartial third party (the mediator) helps the parties talk and reach an agreement themselves — the mediator does not decide. Arbitration: a process in which a third party (the arbitrator), chosen by the parties, hears the case and renders a decision that the parties commit to fulfilling. Similarities: both are alternatives to judicial proceedings, with a neutral third party, faster and confidential. Main difference: in mediation the parties build the agreement; in arbitration the arbitrator decides for them. — Knowing how to distinguish mediation (the parties decide) from arbitration (the arbitrator decides) is the foundation of the peacemaker's work.

  4. Explain the role and responsibilities of a mediator and of an arbitrator.

    Answer: The mediator's role is to facilitate dialogue: to listen to the parties with impartiality, maintain respect, identify common interests, and help them find their own solution — without judging or imposing a decision. The arbitrator's role is to judge: to analyze the facts and the evidence with impartiality, apply what was agreed upon/the rules, and render a decision (an arbitral award) that resolves the conflict and must be fulfilled by the parties. — The mediator conducts the dialogue; the arbitrator decides — in both, impartiality and respect are essential.

  5. Compare litigation (a conflict in which the decision is given by a third party) and conciliation and discuss the advantages and disadvantages of each.

    Answer: Litigation: the conflict is taken to the Judiciary and the decision is given by a third party (the judge). Advantages: a binding decision, with the force of law. Disadvantages: it is usually time-consuming, expensive, draining, and leaves a 'winner' and a 'loser.' Conciliation: the parties themselves, with the help of a conciliator, reach an agreement. Advantages: faster, cheaper, preserves the relationship, and both leave satisfied. Disadvantages: it depends on the goodwill of the parties and an agreement is not always reached. — Conciliation preserves relationships and is more agile; litigation guarantees a decision, but is usually slow and draining — the peacemaker prefers an agreement when possible.

  6. Identify which types of conflicts can be:
    • Mediated
    • Arbitrated
    • Litigated
    • Conciliated

    Answer: 1) Mediated: conflicts in which there is a relationship to preserve and dialogue is possible, such as family, neighborhood, school, or friend-and-colleague conflicts; an impartial mediator helps the parties reach an agreement on their own. 2) Arbitrated: technical or commercial conflicts in which a quick and specialized decision is preferred, such as disputes over contracts, business, and corporate matters; the parties accept in advance the decision of a chosen arbitrator. 3) Litigated: conflicts that involve inalienable rights or require a judicial decision, such as crimes, permanent custody of children, and cases in which no agreement is possible; they are resolved by a judge in the Judiciary. 4) Conciliated: conflicts of lesser complexity and with a viable agreement, such as debts, small claims, material damages, and consumer relations; a conciliator may suggest proposals so that the parties reach an agreement quickly. — Knowing which method fits each type of conflict helps the peacemaker direct each case toward the best solution.

  7. Complete one of the following:
    • Participate in an arbitration of a conflict between two people or groups. Discuss the process, identifying what worked, what did not work, and, at the end, present a report of at least 1 page.
    • Participate in a mediation of a conflict between two people or groups. Discuss the process, identifying what worked, what did not work, and, at the end, present a report of at least 1 page.
    • Attend a conciliation hearing (in which the parties have reached an agreement) and an evidentiary and judgment hearing, and present a report stating which of these two forms resolves the conflict more satisfactorily.
    • Note: the hearings of the Small Claims Court and the Civil Courts are open to the public. To attend them, simply speak with the court clerk's office or the chief of staff.
    • Serve as a volunteer conciliator in a Small Claims Court for at least 6 months.