The Role of Conflict Resolution in Youth Courts: Expanding Life Skills for Our Youth
By Marc D. Steiner

Incorporating conflict resolution skills as part of youth court competency training is a natural addition to the development of youth court training protocol. Youth court provides youth a stage for learning about the United States court system while at the same time "developing competencies in social practices" (Godwin, 1996). Youth running the court are expected to practice problem-solving skills through the process of litigation, arguing positions from various points of view, and learning to make decisions based on questions they ask and the responses offered. As attorneys or jury foremen, youth are expected to practice effective communication skills such as summarizing, asking open-ended questions, or using neutral language. As members of a jury, youth are expected to practice a collaborative group problem-solving process in reaching their goal as jurors. Maximizing the effectiveness of the court personnel also has an impact on the offender's experience in court. Finally and most important, conflict resolution skills are life skills that youth take with them beyond the training and the court setting.

Collaboration and Conflict Resolution Skills
While the focus of youth court involves resolving conflict by determining consequences in a court setting, it requires conflict resolution skills on two different but parallel levels: developing effective communication skills, and facilitating dyad or group processes that foster a collaborative approach. Conflict can be considered an opportunity to learn and exchange diverse perspectives and identify common needs. Group problem-solving fosters cooperation and dialogue through the development of effective listening skills. These skills include restating and summarizing what is said, reframing language into neutral terminology, identifying common goals and needs, and exploring the underlying concerns of parties. Facilitating group discussion leading to a consensus requires learning both the communication skills mentioned and a knowledge of the group consensus process, offered as a 6-step model. The six-step process led by a group facilitator is:

1. Agree To Problem Solve/Follow ground rules: Rule of focus (no interruptions), mutual respect (no sarcasm, negative criticism), active listening (summarize what last person said before giving your point of view), group may add other ground rules, everyone given chance to speak (but not obliged to speak).

2. Gather Points of View: Each person gets chance to offer points important to them.

3. Focus On Interests: What does each person want out of group decision, why do they want this (i.e., offender never repeats offense, offender shows remorse, victim feels offender has paid back in full, etc.). This step requires cross-dialogue and questions from group member until reaching consensus of major interests they wish to address.

4. Create Win-Win Options: Brainstorm ideas which meet needs of interests raised in step two.

5. Establish Criteria & Evaluate Options: Does option meet court criteria, is option within the power of this group (jury), is option fair to all parties, is option do-able (realistic), does it meet interests?
   Create An Agreement: Is it an agreement all can live with (to lesser or greater degree)? Is agreement (plan) specific enough to carry out?

How Does This Fit With Youth Court?
Depending on the model used for youth court, participants may play the role of defense attorneys, prosecuting attorneys, jurors, or judges (Godwin, 1996). Whether as court personnel or as the offender, youth participants could benefit from learning communication skills that enable the defendants to address the concerns of all parties involved. For example, knowing how to ask open-ended questions can encourage defendants to tell "their story" in more detail rather than offer quick yes or no responses to direct questions. This is particularly helpful when needing to gleam information not already presented, especially when addressing why someone did what they did, and how they feel about it. By using effective communication skills, the offender can truly be engaged in the process that is culminating in his or her sentencing. Consequently, the sentencing becomes a collaborative process for the very person (the offender) the court is attempting to teach and reform. Rather than sit idly as someone the court is doing something to, they can be a part of the process and connect their actions with their consequences.

For the benefit of the youth court participants, skill building in communication will benefit them not only in the courtroom, but beyond. Of course, this parallels one of the goals of youth court in teaching them to be problem solvers outside of the court model. (Godwin, 1996). Youth will learn basic conflict resolution concepts of understanding common needs of individuals, and identifying the source of the problem, which typically lies beneath the identified conflict. Plus, while learning to dissect these conflicts they will learn to use neutral, non-judgmental language. Active listening skills can be developed and practiced for use in and beyond the court setting.

Finally, beyond communication skills, youth court participants can be taught a group problem-solving-by-consensus model (6-step process discussed above). Participants are taught to both participate in a group, and to facilitate a group in consensus building. This assures the model of a court jury proceeding, while teaching youth important negotiation skills associated with the communication skills they are taught.

Summary
Youth court and conflict resolution are a natural fit. Both purport to serve youth by developing skills necessary to function as responsible members of society. While youth court educates youth in ideas about justice through accountability, conflict resolution skills offer the youth the tools to practice the court model, and ultimately utilize these skills beyond the court setting. Teaching conflict resolution concepts and skills as part of youth court training would improve the social skills of those involved, maximize the impact of the court on the offender, and enhance the overall effectiveness of youth court by ensuring meaningful dialogue and interaction among all involved.

References

          Godwin, Tracy (Winter, 1996). Teen Courts: Empowering Youth in Community Prevention and Intervention Efforts. Perspectives, Volume 20, No. 1.

             Godwin, Tracy M. (April/May, 1998). Developing and Using Teen Court Programs. Juvenile Justice Update, Volume 4, No. 2.

              Nessel, Paula A. (1998). Teen Court: A National Movement. Technical Assistance Bulletin, No. 17.

Marc D. Steiner, MA, has been a mediator and trainer since 1989. He currently works as a training specialist for the National Center for Conflict Resolution Education (NCCRE) which provides training and technical assistance to juvenile justice, community, and school sites interested in developing mediation and conflict resolution programs for youth. NCCRE is predominantly funded by the Office of Juvenile Justice and Delinquency Prevention. For information, call (217) 523-7056.