Violence is a common occurrence, especially in today's world.  People often use force and coercion to resolve their disputes.  In the attempt to meet the need for a less violent society, the legal system offers an alternative-litigation.  But, as the opening quote from Lincoln suggests, litigation is not always the best option.  To remedy this, today's legal system looks to alternatives to the adversarial system.  One way in which the legal system can help to reduce violence is through alternative dispute resolution (ADR).  Moreover, such methods can, and should, be implemented in the nation's school systems in order to prevent the escalation of disagreements to violence among schoolchildren.  Peer Mediation, a form of ADR, is the latest in the law's efforts towards this goal.
There are many ways for a lawyer to utilize his legal education in an entrepreneurial manner.  This paper proposes that one such innovative way is for a lawyer to provide and implement peer mediation2 programs in the elementary through secondary school systems.  There is a growing interest and need for peer mediation in the school systems and providing these services can result in a profitable and satisfying career.
Part I of this paper discusses the violence that is prevalent in society today.  Part II provides background on the history of non-adversarial dispute resolution.  Part III discusses how the legal system is beginning to use alternative dispute resolution as a means to reduce violence.  Part IV focuses on the use of peer mediation in the schools and the role that the legal system should play.  Part V examines why the lawyer is the ideal professional to implement peer mediation programs, and Part VI looks at the benefits to the lawyer from a career in peer mediation.  Part VII examines the positive impact peer mediation has had on communities, and Part VIII analyses the many factors that a lawyer must consider before beginning a career in peer mediation.
I. Conflict and Violence Are Prevalent in the United States
In the United States, violence is a very common method to deal with conflict.  Traditional means of resolving disputes often include the use of fighting, force, coercion (the "win-lose" approach), and avoidance.3  The "win-lose" approach is the theory that "in order to effect a resolution, one side must win and the other must lose....  Seen in the best light, the loser then goes away.  The worst case scenario results in injury or elimination of the loser, that is, his death."4
The media often characterize, and therefore support, this method of dealing with conflict.5  In television programs and movies, disputes and conflicts are often "resolved" through the use of violence.  In fact, in a study of television series, 3,381 violent acts were found in 284 series episodes.6  More than half of these acts were considered "serious violence."7  Movies had, on average, forty-six violent acts each.8
Moreover, relying on avoidance to deal with a conflict does not effectively resolve the disagreement.  As Kimberlee Kovach, author and lecturer at the University of Texas Law School, explains, "Unresolved and internalized conflicts usually linger..."9 and intensify, especially when there is a continuing relationship between the parties.10  As a result, the dispute is likely to recur.11
 Unfortunately, the win-lose and avoidance methods that adults use when dealing with conflict are often transferred to schoolchildren.  Students also have a tendency to resolve disputes with violence, intimidation, or destruction of property.  A study of a midwestern elementary school found that the majority of conflicts involved physical fights and verbal insults.12  The number one reported school crime during the 1996-97 year was physical fights without a weapon, with 190,000 incidents.13  While such occurrences may not lead to physical injury every time, Nancy Brenner, Ph.D., suggests that they are "strongly associated with risk for injury, exposure to intimidation and threats, and perceptions of fear and vulnerability."14
 In reality, comments Ira Schwartz, former administrator of the Office of Juvenile Justice and Delinquency Prevention, "[t]he real threat to student safety is the less serious and more typical violence that occurs at school, such as fighting and bullying, rather than the rare acts of serious violence."15  It is the "incremental, insidious breakdown of law and order...,"16 rather than the "gun-carrying classmate sitting at the adjacent desk...,"17 that may pose the greatest threat to students' safety.  "The erosion of the quality of life at school due to property and other less serious crimes can, much as in other settings, set the stage for an upward spiral in fear and paranoia that may lead to general impressions that school is an unsafe environment."18
II. History of "Non-adversarial" Dispute Resolution
 Non-adversarial dispute resolution has been used as a non-contentious alternative to the win-lose and avoidance approaches so commonly used today.  Non-adversarial methods focus on individuals and the causes underlying their disputes,19 as well as finding a resolution.  Such methods have been in use for thousands of years.20  Ancient Greece utilized mandatory public arbitration.21  Peisistratus of Athens, in the sixth century B.C., also appointed traveling arbitrators to settle disputes of the people.22  Further, Greek and Phoenician traders participated in commercial arbitration.23
 Use of mediation has been documented in China over two thousand years ago.24  Today, China uses "People's Mediation Committees" composed of several individuals from the local community to resolve eighty percent of all civil disputes.25
 While Native American peoples have long relied on mediation or "peacemaking" as the primary method of conflict resolution,26 widespread use of non-adversarial dispute resolution was only used briefly during colonization of the United States.  Early American colonists, including Puritan, Dutch, and Quaker settlers, relied on the use of arbitration, conciliation, and mediation in their daily lives.27  According to Kovach, often "[t]he cultural priority of community consensus over an individual, adversarial approach to conflict served as the basis for the use of [these methods]."28  Additionally, in 1768, arbital tribunals were created in New York by the chambers of Commerce.29  The tribunals primarily settled disputes in the printing, clothing, and merchant fishing industries.30
 This early reliance on alternative dispute resolution soon gave way as the country underwent economic and social changes.  Agrarian communities became commercial centers,31 industry began to develop, mobility increased,32 and there developed a differentiation between secular and non-secular life.33  The decline in the use of such methods is often attributed to a weakening of the community and increased focus on competitiveness that resulted from these changes.34
 In the last several decades there has been increasing interest among courts in non-adversarial methods of resolving conflict.  The modern form of non-adversarial dispute resolution is known as alternative dispute resolution (ADR).  ADR is similar to the non-adversarial methods used for centuries in other countries, and briefly, in early United States history.  ADR is "a term which identifies a group of processes through which disputes, conflicts, and cases are resolved outside of formal litigation procedures."35
ADR can take many forms.  Some of the most commonly used methods include arbitration, mediation, summary jury trials, and private judging.
In arbitration, a dispute is submitted to a third party neutral, or arbitrator.  The parties each present their case.  Witnesses may testify and evidence may be submitted.36  The arbitrator then issues a decision (usually referred to as an award), which may or may not be binding, depending on the situation.37  Arbitration is the most formal of the ADR methods.38
In mediation, a neutral third party, or mediator, helps the parties develop a resolution that is satisfactory to them and that guides them in managing future conflicts.  Unlike an arbitrator, the mediator does not render a decision.  Rather, the mediator's role is to guide the parties to their own decision through facilitating negotiation.39
Summary jury trials are another form of ADR; however, they are supervised by the court.  In summary jury trials, the judge, presiding over the case, facilitates a settlement.  The court convenes one or more jury panels40 to which opposing counsel presents an abbreviated version of their arguments.41  The panels deliberate and then advise the court, as well as the parties, on how they would resolve the dispute.42
Private judging, sometimes referred to as "rent-a-judge,"43 is another popular form of ADR.  In private judging, the disputing parties hire a retired judge to hear their case.44  The hired judge (sometimes called a referee45) can decide the entire case or specific issues.46  Although private judging is similar to traditional litigation, important differences do exist, including more rapid decision making and more flexible rules and procedures.47
III. The Legal System is Beginning to Implement ADR as a Means to Reduce Violence
The legal system and legislatures are beginning to focus on the need to foster a more non-violent society.  The Nebraska State Legislature, in its legislative findings, stated what is a growing consensus:
* Many seemingly minor conflicts between
individuals may escalate into major social
problems unless resolved early in an
atmosphere in which the disputants can
discuss their differences through a private informal yet structured process;
* There is a need in our society to reduce
acrimony and improve relationships between
people in conflict which has a long-term
benefit of a more peaceful community of
people;
* There is a compelling need in a complex
society for dispute resolutions whereby
people can participate in creating
comprehensive, lasting, and realistic
resolutions to conflicts.48

In the effort to meet these needs, the legal system has recently turned to ADR.  The traditional system of dispute processing has been greatly criticized.  This is in part because traditional court based dispute resolution methods only focus on the outcome and effects of the disagreement, rather than the underlying causes of disputes.49  ADR, on the other hand, allows for the discussion of underlying causes.  The nature of ADR helps to keep relationships intact by allowing people to explain and discuss their personal feelings, and to work together in reaching a solution.
 One way in which the legal system has begun to use ADR, is in labor relations.  In 1913, after labor was unionized, Congress established the Department of Labor and also required the Secretary of Labor to mediate the increasing number of disputes between labor and management.50
In 1994, the federal government created an agency specifically empowered to conduct mediation: the Federal Mediation and Conciliation Service (FMCS).  The FMCS is an independent agency with jurisdiction over disputes in specific industries.51  Mediation helps to avoid strikes and helps ensure a continuing relationship between labor and management, which is vital to economic development.52
 Court mandated mediation is another response by the legal system to the need to reduce contention and preserve relationships.53  "Mediation, even when mandated, gives both parties the chance to view themselves as winners, unlike the litigation process in which one party emerges from the courtroom as a loser."54  With mandated mediation, a court orders the parties into mediation.55  However, the parties do not have to accept the agreement and can return to the court process after the mediation session.56  In 1998, Congress enacted the Alternative Dispute Resolution Act.57  The Act authorized the federal district courts to implement ADR programs and gave those courts discretion as to the type and extent of ADR programs to use.58
 The creation of Neighborhood Justice Centers (NJC) also has ties to the legal system.  NJCs, now commonly termed dispute resolution centers, were established in the late 1970's to mediate a variety of issues, including neighborhood, domestic, and landlord-tenant disputes.59  The idea for NJCs grew out of the Pound Conference in 1976, which was held to discuss the public's dissatisfaction with the legal system.60  Many NJC programs were sponsored by bar associations and a number of the volunteers at the centers were judges and lawyers.61
 The NJC helped give rise to the concept of a "multi-door courthouse."62  The thought was that the courthouse would provide a variety of services from which a person could choose the one most appropriate for resolving the dispute.63  In the 1980's, the American Bar Association Standing Committee on Dispute Resolution helped to establish experimental multi-door centers.64
The above methods are a part of the legal system's attempt to decrease violence and contention in society.  By creating lasting resolutions and preserving relationships between the parties, a more non-violent environment is created.
IV.  The Legal System Should Encourage and Foster the Use of Peer Mediation to Prevent Violence in Schools, as Current Methods Are Not Working
Several recent methods developed by the government and school systems to cope with conflict and violence among children mirror traditional means of dispute resolution.  They fail to achieve their intended effect because they do not deal with the underlying causes of the disputes.  Just as the legal system is using ADR to reduce violence among adults, it should also encourage and foster the development of peer mediation programs in schools as a means to prevent violence among children.
In 1994, Congress passed the Gun Free Schools Act.65  The Act requires schools receiving federal funds under the Elementary and Secondary Education Act66 to enact a law providing for the expulsion of any student found with a weapon on school grounds for not less than one year.67  In response to the Act, state legislatures began enacting such laws, commonly referred to as zero-tolerance laws.68
The problem with zero-tolerance laws is that many states have expanded the definition of weapon so broadly that students are being expelled for minor and innocent indiscretions.  Students have been expelled for possession of nail clippers,69 accidentally bringing a parent's sack lunch to school that contained a paring knife,70 and giving another student Midol.71  One fourteen year old girl was even strip-searched for saying that she understood how kids might "snap" if they were teased endlessly.72  Under zero-tolerance laws, school administrators have no discretion in discipline, often leaving students with harsh punishments for harmless mistakes.73
 In addition, school districts have adopted "secure building procedures" in an attempt to decrease violence.  These procedures include the use of security guards, metal detectors,74 locked doors,75 and video cameras.76  Researchers at the Department of Special Education at the University of Maryland suggest that secure building procedures may have negative effects on students, stating that "[c]reating an unwelcoming, almost jail-like, heavily scrutinized environment, may foster the violence and disorder school administrators hope to avoid...."77
As it has become apparent that the above methods are not working as intended, peer mediation has become an important tool for schools to prevent disputes and misunderstandings from developing into serious violent crimes.78  The legal system should continue to encourage and also provide support for the peer mediation programs.
The purpose of peer mediation is similar to that of ADR.  Peer mediation functions as an alternative to traditional discipline in the elementary through secondary schools by attempting to deal with, and resolve, the underlying components of a dispute.
Peer mediation programs use students as mediators for their classmates. The student mediators are typically selected either by faculty or by fellow students.79  The problems that student mediators are allowed to mediate are usually limited to "personal differences" such as rumors, accidents, stealing and property disputes, boyfriend/girlfriend disputes, minor physical altercations, taunting, and "ongoing animosity."80  Students are not allowed to mediate more serious disputes such as drug and weapons offences.81  Participants must agree to abide by the peer mediation rules, which include, "listening to what the other person has to say, restating the problem in your own words, not interrupting others when they are speaking, and agreeing to solve the problem."82
It is imperative that both the faculty and student mediators undergo special training before being allowed to participate in the program.  The amount of training required for student mediators varies.  Some programs require only fifteen hours of training,83 while others require student mediators to participate in a semester long course.84  The various skills that student mediators are taught include how to: be impartial, establish fair procedures, conduct fact-finding, help the participants understand the other's view, and encourage the parties to be realistic about solutions.85
Participants may be trained in numerous ways.  Often, the train-to-train format is used.  A peer mediation trainer comes to the school to train a small group of staff (such as counselors and teachers) in peer mediation techniques.86  This group then trains other staff and students in the process.87
 Another way in which training can be conducted is for a school to hire a full time consultant.  A full time consultant can provide more extensive and ongoing training for staff and students88 and can help to implement peer mediation skills into the school curriculum for the benefit of all students.  This is often done through a series of lessons or programs given to the students by their teachers or through school assemblies.89   In all peer mediation programs it is important to have on hand, one staff member who is highly trained in conflict resolution methods, in the event of an emergency situation90 (such as a serious violent dispute).  A full time consultant is an excellent resource to provide assistance in such situations.
 Regardless of the method of training chosen, researchers suggest that the most successful peer mediation programs are those that are implemented throughout the entire school.91  "There must be a commitment on the part of the school staff to model and reinforce the skills for students and create a school community which adheres to the positive expression and resolution of conflict."92  The legal system can play a large role in encouraging school administrations to implement peer mediation techniques into their curriculum.
V. A Lawyer is the Ideal Professional to Provide Peer Mediation Programs
A tremendous way in which the legal system can support the use of peer mediation in schools is for lawyers to take an active role in implementing the programs.  A lawyer is the ideal professional to provide peer mediation training and services for a number of reasons.
One of the most important reasons is that lawyers are trained in many of the skills mediators need to be successful.  While there are no formal skill requirements that mediators should have, many mediation resource centers and sources have suggested skills.93  They include the ability: "to see issues on multiple levels,"94 and to "distinguish[] between the stated positions of the disputants and their real interests,"95 maintain confidentiality, set aside personal biases,96 and "persuade without coercing".97  In addition, mediation trainers should possess sustained concentration98 and effective listening skills.99
Many commentators have suggested that mediation closely resembles the practice of law.100  Lawyers are trained in many of these, and other problem solving skills while in law school.  Through dissecting cases and opinions, law students are taught to identify multiple issues arising from a common problem.  They are taught to listen carefully, pay close attention to all facts, and think creatively about theories and solutions.
Further, once in practice, lawyers participate in negotiation on a daily basis.  Most cases never go to litigation-they are settled by lawyers who negotiate on behalf of their clients.  Lawyers also constantly negotiate with other lawyers for deposition or court times, changes in contracts, and many other details.101
Lawyers must also possess excellent problem solving skills.102  They must be able to find new ways of looking at the issues, as well as new solutions,103 just as is required in mediation.  In many cases, lawyers must also set aside personal biases and beliefs in order to be the best advocate for their clients.  Further, a lawyer has been trained on the importance of maintaining confidentiality and has taken ethics courses.
 The second reason that lawyers are ideal to implement peer mediation programs is that law and education often overlap.  Education is a very important aspect of the lawyer's role.104  To begin with, lawyers are constantly educating themselves.  Most states require that practicing lawyers participate in continuing legal education programs.105  Further, a lawyer must educate himself about his client's matters.106  This may require that the lawyer conduct research or even attend a seminar.107  For example, the client may have a condition that the lawyer needs to learn more information about in order to adequately represent and protect the client's interests.
 Law and education also overlap because lawyers are constantly educating others.  Most often, the lawyer educates the client.  When a client comes to a lawyer, the lawyer must explain the law at issue as well as the various options that the client may have.108  The lawyer must ensure that the client has a good understanding of the options, as well as the consequences so that the client may make informed decisions about his representation.  The process involved in counseling the client is very similar to the mediation process.  As Kovach notes, the lawyer sets forth the options and consequences to "resolve the matter."109  He may "assist the client in determining specific goals and objectives.  Together, the lawyer and client then devise a plan [to] realize them."110
Educating others also occurs when a lawyer attempts to settle a case through negotiation.  In an attempt to gain advantage in a settlement, the lawyer must convince the other side of his position.111  Even during a trial, the lawyer is educating the jury and judge as he is setting forth his client's case.112
VI. A Lawyer Will Receive Many Benefits From Pursuing A Career In Peer Mediation
There are many benefits that a lawyer can receive from pursuing a career in peer mediation.  To begin with, providing peer mediation services can result in a very thriving and profitable career for the lawyer.  The use of peer mediation programs in schools is a developing concept.113  The programs have grown rapidly in the last decade.  In 1992, there were approximately two thousand such programs, and by 1995, the number had grown to six thousand.114  This growth is due, in part, to the number of state legislatures that are recommending the programs in various school violence prevention statutes.115
In addition to recommending the programs, an increasing number of state legislatures are requiring peer mediation training.  Some legislation has been directed at faculty training.  For example, in Texas, schools districts must provide staff development programs.  State legislation requires that this development include training in conflict resolution.116  In Wisconsin, teachers, school district administrators, and school administrators may not receive a license from the Department of Education unless they have demonstrated competency in aiding students in learning conflict resolution methods.117  Providing even further support for the lawyer, Washington State legislation specifically states that lawyers must be used to train students as peer mediators.118  With many state legislatures recommending or requiring the use of peer mediation to prevent violence, there is sure to be a constant demand for a large variety of peer mediation services.
 Another benefit to the lawyer is that, in becoming skilled in mediation, the lawyer will also become better skilled as a lawyer.  As discussed earlier, the skills needed in mediation are similar to those that lawyers have developed through their training and practice.119  Engaging in the additional mediation training that the lawyer will need to provide mediation services can only serve to enhance those skills, particularly negotiation, communication, and problem solving skills.120
Moreover, mediation training will also improve the lawyer's ability to understand others and himself.  Mediator and attorney, Kathy Kirk states, "Various components of training can give participants insight into diversity issues, their own personal make-up, and how to deal more effectively with others."121  One researcher, who conducted a study on lawyers and personality types, stated that personality types can influence communication styles, writing legal documents, research methods, and interactions between colleagues.122  He suggested that "in knowing yourself and the way you interact with others, interactions can become more effective."123  Again, through this improved insight, the lawyer's skills will strengthen.
In addition, a lawyer that is experiencing dissatisfaction with the legal profession may benefit from a career in peer mediation.  Much of the dissatisfaction with the profession has to do with the adversarial nature of the practice of law.  Mediation provides an alternative to the adversarial system.
 Dissatisfaction with the profession appears to be an increasing problem.  When California lawyers were asked if they would choose to be lawyers again if they were starting over, twenty-nine percent said that they would not, and nineteen percent were uncertain.124  Many lawyers are becoming dissatisfied because they perceive a decline in civility and honesty in the practice.125  Kirk, who is also a professor, noted,
The idealistic Atticus Finch126 attitude of
many law school entrants seems to be
quickly squashed by the realities of
contemporary practice.  Many soon find a
credo, often unspoken...that the practice
of law 'means never telling the truth, it
means using tricks and scams.... The
instinct of a new attorney to be honest
is a disadvantage'..., they are saddened
by the death of 'coffee shop law.'127

In line with this, the California survey found that sixty-seven percent said lawyers were "compromising professionalism due to business and economic pressures."128  Further, sixty-four percent expected lawyers' civility and collegiality to decline.129
In teaching peer mediation skills to children, the lawyer will still be focusing on the idealistic aspects of the legal system that may have drawn the lawyer to the practice of law in the first place.  He is working with "the law" but with a different focus: prevention.  Judge Judith Kaye comments that, rather than the lawyer functioning in a "crisis-management mode," he is able to focus on a "planning mode" to "design[] policies and programs that reduce the chance of conflict."130
 Lastly, the lawyer may also benefit from a career in peer mediation, in that he will be helping to improve the public's perception of lawyers, as well as the legal system itself.  It is well known that public opinion of lawyers is low.  There are a plethora of lawyer jokes that emphasize the adversarial nature of the legal system and demonstrate the public's low opinion of lawyers.131  By providing mediation services to schools, the public is introduced to aspects of practicing law that they do not often witness: the negotiating, the counseling, and the teaching.  By modeling "civil lawyering behavior"132 the lawyer will actively counter negative stereotypes of the legal system.
The primary goal of peer mediation is to provide children with the tools to effectively resolve conflict, which results in an increase in the safety and well being of those children.  By participating in this process lawyers demonstrate to the child, as well as the community, that lawyers do care about people and their community's future.
 Nancy Wonch, of the Ingham County Bar Association, perhaps best describes the positive impact that providing peer mediation can have on the perception of law:
  A secondary reward is the recognition on the
part of administrators, teachers, educators,
and children, that lawyers are indeed
something other than blood sucking leeches;
a scourge upon society; a 'problem' to which
the government must find a solution.  Each
time we are introduced to an elementary
school staff or a group of children, we are
demonstrating what we, as lawyers, know to
be true.  That is, that we are a profession
composed of many individuals who not only
don't fit a stereotype, but who also give
willingly and unstintingly of their time
and money to projects that will better
their communities and society as a whole.
Each time a principal says 'This is Nancy
Wonch, she's from the Ingham County Bar
Association and she's going to tell you
about a project that her association is
working on with us' that person is really
saying, 'Lawyers care enough about you and
your school to work with you to solve the
problem of violence in the schools.'133

In receiving these benefits, the lawyer will be more satisfied and successful in his career.
VII. Peer Mediation Has a Positive Impact on the Community
By working in peer mediation, not only is the lawyer fulfilling his responsibility to "give" to the community,134 he is providing numerous benefits to students as well as to the greater community.  Perhaps the most important effect is the personal impact peer mediation can have on the individual student.
Before learning peer mediation skills, the strategies for resolving disputes that students most often employed were acts of physical and verbal aggression, such as forcing the other person to give in.135  As researchers Roger Johnson and David Johnson observed in their studies, the students "viewed conflicts as settings in which dominating the other and getting what one wants are vital."136  Peer mediation programs can change these patterns by creating an environment that gives students the responsibility of resolving their disputes in a non-aggressive manner.  Researcher Paul Lindsay concluded:
[T]hese programs emphasize cooperation,
whereas the culture of schools emphasizes competition.  Most adults in schools...have
little training or encouragement in managing conflicts cooperatively.  People may try to
avoid conflict, and they may use
authoritarian methods to gain compliance.
In this competitive context, teachers figure
out ways to control their classes and to
maintain some degree of order.  Conflict
resolution programs, in contrast, assume
more open, trusting, democratic
relationships-relationships in which there
is frequently conflict, but the conflict is
handled in more constructive ways.137
Students who are taught peer mediation skills develop a sense of empowerment138 because they are given the necessary tools139 to resolve their conflicts, as well as the opportunity to be recognized.140  Many positive effects flow from this empowerment.  School faculty report an improvement in their students' self-confidence, as well as enhanced problem solving abilities.141  Furthermore, some student mediators considered to be "troublemakers" before becoming mediators have shown substantial improvement in their behavior after receiving peer mediation training.142
 Another positive effect on students is that they feel an ownership of the process and the solution, which often leads to adherence to the mediated decision.  Studies comparing mediation with traditional adjudicative processes have demonstrated that parties in mediation often felt less angry at the end of the resolution process because they were able to discuss their personal matters and they had adequate opportunity to explain their situation.143
These findings can be applied to peer mediation.  Under traditional discipline, one principal stated, "students are more likely to still be angry at the end of the process."144  When students are allowed to participate in the process and contribute to the outcome, they are much more likely to adhere to the final decision.145  This decreases the possibility of future disputes over the same issue.
Peer mediation may also reduce the animosity that sometimes continues between students throughout their school years.  Often, the disputes that contribute to ongoing animosity originate over a misunderstanding.  Mediation would provide for an airing of this misunderstanding early on, rather than carrying the conflict over years and escalating it to a serious violent act.
 Peer mediation programs have resulted in decreased conflict among students, which also suggests that the skills taught by these programs can have positive lifelong effects.  School administrators have reported decreased fights and suspensions after implementing peer mediation programs.146  In one study, sixty-seven percent of teachers reported less name-calling and put-downs among students, and eighty-nine percent of teachers felt that students had taken more responsibility for solving their own problems as a result of the program.147  In another study, thirty-two percent of school personnel reported that, to a moderate or great degree, the students were beginning to take responsibility for solving their problems without relying on an adult for help.148
 According to researchers Johnson and Johnson, much anecdotal evidence exists that demonstrates that this type of program "is effective in changing students' attitudes and behavior."149  As one teacher commented, "Students learn appropriate interpersonal skills which will help them in various settings and relationships during adolescence and adulthood.  It's a very worthwhile program because it promotes lifelong learning-coping strategies."150
 These lifelong skills will benefit not only the students directly involved in the programs, but also their families and surrounding communities.  The Office of Educational Research (OER) reported that, in a New York City program, fifty percent of the student mediators stated that they had improved their relationships with teachers.151  A reduction in the amount of conflict at school leads to a more harmonious climate at school, which benefits all.
 Students are also experiencing improved relationships with their family and friends.  According to the OER, over eighty percent of student mediators in the New York City program said they had relied on conflict resolution skills when resolving issues with family and friends.152  In another program, the parents of a student called the school to tell them that their child had mediated a disagreement between the parents.153
 Another possible benefit to the community at large is that peer mediation allows for easier identification of "problem" students.  For example, a study of a peer mediation program in an elementary school found that four percent of the students were involved in thirty-three percent of the conflicts mediated.154  Peer mediation makes it easier to identify these students.  The school can then provide them with further assistance in conflict resolution and anger management.  As Johnson and Johnson conclude, providing these students with additional instruction "would reduce the incidents of aggression in the school.... It is reasonable to expect that the violence and aggressiveness demonstrated in the early elementary school grades will escalate into more sophisticated and damaging violence in secondary school if the students are not taught alternative procedures."155
 While the benefits that can result from peer mediation are many, the lawyer also must consider other aspects of peer mediation consulting before considering such a career.
VIII. There Are Many Factors a Lawyer Needs to Consider Before Beginning a Peer Mediation Career
 Whether to pursue a career as a peer mediation consultant requires consideration of many factors.  The lawyer must determine the qualifications and training that is necessary, as well as the type and extent of services to provide.
To begin with, the lawyer should have a background in mediation and have undergone sufficient training.  The field of mediation is fairly unregulated,156 and there are "no uniformly accepted criteria"157 for mediators.  The Model Standards for Mediators states that to have an effective mediation, training is often necessary.158  Further, some ethics codes suggest that lawyer-mediators undergo mediation training.159  It is also important for the mediator to consult his state's legislation.
 While the lawyer may not necessarily be engaging in mediation himself, it is critical that he receive sufficient training, even if it is not mandated by state laws.  Lawyers engaged in peer mediation services should obtain, at least, the training necessary to be a competent mediator.  As the lawyer will be working with students, he will want to be capable of providing them with the best training to increase the chances of positive results from peer mediation.
 There are various sources that suggest what qualifications and training mediators should possess.160  The Ohio Commission on Dispute Resolution and Conflict Management, which provides information for schools on selecting peer mediation trainers, suggests that the trainer have knowledge, as well as experience, in the application of conflict resolution theory and skills.  The Commission also suggests training in mediation, and "bias-awareness" or diversity training.  In addition, the trainer should be familiar with current teaching practices.161
Forrest Mosten, former law school professor and current mediator and conflict resolution trainer, has set forth some qualities that effective mediation trainers possess.  They include: knowledge of "effective teaching concepts and skills...," "ability to move from the abstract to the concrete and back again...," and the "desire and skill to coach others...."162
 Once the lawyer has decided what training and qualifications he should have, he must then focus on how to provide peer mediation services.  There are many ways in which a peer mediation consultant can provide services to schools.  These services can be tailored to fit the level of independence that the consultant desires.
 One method by which to provide services, is to work for a large "parent" organization-usually a mediation or conflict resolution center.  The conflict resolution center usually provides a variety of programs, one of which focuses on peer mediation.  The lawyer works for, and is paid by, the conflict resolution center.  The program materials are provided by the organization.  Also, the lawyer does not have to deal with finding the funds for the program himself.
 An example of this type of organization is the Illinois Institute for Dispute Resolution.  In 1992, the Illinois State Bar Association received a $1.2 million law-related education grant from the U.S. Department of Education to create and implement a conflict resolution education program statewide.163  With this funding, the Illinois Institute for Dispute Resolution (IIDR) was created.164  Within the first three years, the IIDR was able to provide professional development programs to 5,000 educators in Illinois.165
Today, the IIDR operates the National Youth Centered Conflict Resolution Education Program (NYCCRE) with funding received from the U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention.166  The purpose of this program is to provide training and assistance in implementing youth conflict resolution programs.167  Under this program, the IIDR provides many services, including: "[s]trategic planning for conflict resolution education program development; training and technical assistance...; needs assessment; resource referral; ...and workshops at national conferences."168  These services are provided to educators, "juvenile justice practitioners," social workers, and community organizations.169
The IIDR uses consultants to implement and assist with the programs under the NYCCRE program.  The consultants are paid professional contract fees by the schools that contract the work.170  According to Donna Crawford, Executive Director of the program, most of the schools that use their programs pay for the contract work primarily by obtaining grant funds for professional development and Safe and Drug Free Schools programs.171
 A similar organization is Educators For Social Responsibility (ESR).  ESR's programs focus on "promoting positive youth development through social and emotional learning opportunities [and] improved school climate...."172  Peer mediation is only one aspect of the programs that ERS provides.173
 In 1985, ESR created the Resolving Conflict Creatively Program (RCCP) to teach peer mediation to students.  The program has been implemented in schools across the nation.174  Under the RCCP, support staff visit classrooms and help implement mediation and conflict resolution into the curricula.175  The staff may also provide further training to administrators and parents if desired.176  School districts pay for much of these services through local funds or, as with the IIDR, grant funds from state and federal sources.177  ERS also receives support from a number of private foundations.178
 A second option for the lawyer is to be a full time consultant/coordinator directly for the school.  His responsibilities would include those of the consultant who works for a mediation center, as well as extended duties.  The full time staff consultant has an active role in lessons and programming presented to students.  He would also provide ongoing support, as well as continuing training for students and staff.
 The SCORE program in Massachusetts demonstrates one way in which a consultant can be retained.  SCORE is funded and overseen by the Massachusetts Attorney General's office,179 and serves as an intermediary between schools and the peer mediation program implementer.180  SCORE requires that each school have a one-half to full time peer mediation program coordinator.181  This coordinator is paid by SCORE, through the funding it receives from the Attorney General's office, and is responsible for running the program on a daily basis.182
 Another option for the lawyer in providing peer mediation services is to be self-employed.  The duties would be a combination of those mentioned above.  This option allows the lawyer the greatest freedom to choose the type of services and products the lawyer chooses to provide.
 In being self-employed, the lawyer has several choices regarding the curricula he will use.  The first choice is that the lawyer can develop his own peer mediation curricula to use in the program.  Developing a curriculum would require research and work on the part of the lawyer, as well as a decision as to what type of materials to include, such as videos, workbooks, and planning manuals.  The second choice is that the lawyer could use a commercial curriculum.183  This would provide for quicker start up because all the lawyer will need to do is purchase the materials and use the training manuals to implement the program.184
 The lawyer must also consider the services he wants to provide.  The lawyer could choose to only implement the peer mediation program.  He would train school staff and students, and help the school to integrate the materials into their curriculum, or instead, he could use the train-to-train format. He would then be free to travel to many schools implementing peer mediation programs.  The lawyer could also decide to both implement the program and stay on as a full time consultant.  As with the other programs mentioned, schools could pay for the programs through any combination of fund raising, grants and with money from the school districts.
 A final aspect that is important to consider is that of funding.  While the lawyer could require that the schools locate funding themselves, he could also provide schools with assistance in obtaining funding to purchase his services.  Whether or not the lawyer chooses to provide assistance in obtaining funding, he should be able to provide schools with suggestions of funding sources.  The lawyer should be aware of the following sources that supply funding.
 To begin with, many government sources provide funding for the implementation of peer mediation programs.  The U.S. Department of Justice Office of Juvenile Justice and Delinquency Prevention and the U.S. Department of Education provide financing to states and organizations through block grants and discretionary funding.185 In 1994, the federal government enacted the Safe Schools Act,186 which established a grant program for local educational agencies to promote school safety and reduce school violence.  The Safe and Drug-Free Schools Program also provides financial assistance for peer mediation programs.187  Grants can also be obtained from the Department of Education.  For example, as mentioned earlier, the Illinois State Bar Association received a law related education grant from the U.S. Department of Education to found the Illinois Institute for Dispute Resolution.188
 Following the federal government's example, many states have set up violence prevention program grants that will fund peer mediation programs.189  States have also been very creative in setting aside funds for school safety programs.  Alabama has innovative legislation that provides funds for violence reduction programs as a part of their School Safety Enhancement Program.190  The "Children First" legislation states the intent that tobacco revenues are to be transferred into the Children First Trust Fund.191  For the year 2001, up to $65 million dollars of tobacco revenue will be transferred to the fund.192  Another example of creative funding is a New York District Attorney who uses forfeited drug money to implement peer mediation program in local schools.193
Funding may be available from local government sources as well.  The Harris County Partners in Peer Mediation program in Harris County, Texas, used county funds to implement its programs.194  The Ohio Commission on Dispute Resolution and Conflict Management suggests contacting local school boards, the local Chamber of Commerce, and the Office of the Mayor or City Manager as possible sources.195
There are also many non-governmental community resources willing to provide funding for peer mediation programs. In Washington, the Washington Bullets NBA basketball team sponsors a local school's violence prevention program.196  Service organizations, such as the Jaycees, Kiwanis, and Rotary Clubs are also possible sources.197  In addition, many businesses may pay for specific expenses, such as lunch during seminars, supplies, and curriculum.198  Bar associations are also good sources for funding.  Many provide grants for various programs, or are able to obtain law related education grants.199
IX. Conclusion
Today, violence is a common method to deal with conflict.200  Violence often arises from traditional ways of resolving conflict, such as the win-lose approach and avoidance method.  While the traditional methods may deal with the effects of the dispute, they do not resolve the underlying causes.
Non-adversarial dispute resolution has historically been used as a non-contentious alternative to the win-lose and avoidance approaches.201  In the last several decades, the legal system has increased the use of ADR as a way to reduce violence.  Commonly used forms of ADR include arbitration, mediation, summary jury trials, and private judging.  Mediation has been used by the legal system to reduce contention and preserve relationships, focusing on the underlying components of a dispute.202
The current methods of preventing violence in the schools resemble the traditional system of dispute resolution.203  These current methods are not achieving their intended effect because they do not focus on the underlying causes of disputes.  The legal system should encourage the use of peer mediation as an alternative to the traditional methods.204
Lawyers are ideal professionals to implement peer mediation programs.205  The skills needed in mediation are similar to those developed in the practice of law and there are many benefits to lawyers who provide such programs.  The increased demand for peer mediation programs and services may lead to a profitable career.  In addition, the skills needed for mediation will enhance lawyers' skills in negotiation, communication, and problem solving.  Lawyers should seriously consider a career in this area.  Peer mediation is an innovative and entrepreneurial way in which a lawyer can utilize his legal education and provide a valuable service to the community as well.

1 Kathy Kirk, Mediation Training: What's the Point, Are the Tricks Really New, and Can An Old Dog Learn?, 37 WASHBURN L.J. 637, 637 (1998) (citing  Abraham Lincoln, in Notes for a Law Lecture, July 1, 1850, quoted in FREDERECK TREVOR HILL, LINCOLN THE LAWYER 102 (1986).)
2 Many commentators, legislators, and program providers use the terms peer mediation and conflict resolution interchangeably.  Peer mediation programs, described infra part V, are commonly referred to as being analogous to youth conflict resolution programs.  For the purposes of this paper, I will use the term peer mediation to include youth conflict resolution programs as most peer mediation programs teach students conflict resolution skills as part of the curriculum.
3 KIMBERLEE K. KOVACH, MEDIATION: PRINCIPLES AND PRACTICE 4 (2d ed. 2000)(discussing traditional dispute resolution methods).  Among adults in the United States, violence can be observed on a daily basis.  Numerous assaults occur, people are threatened and intimidated, and property is destroyed in anger.  "For every violent death, there are at least an estimated 100 non-fatal injuries caused by violence." Centers for Disease Control and Prevention, Division of Violence Prevention, at http://www.cdc.gov/ncipc/dvp/dvp.htm (last visited Oct. 31, 2001).  For analysis purposes, there were 15,533 murders in 1999.  U.S. Dep't of Justice, Fed. Bureau of Investigation, Murder and Non-negligent Manslaughter, at http://www.fbi.gov/ucr/Cius_99/99crime/99c2_03.pdf (last visited Nov. 1, 2001).
In 2000, the number of reported aggravated assaults per 100,000 people was 570. U.S. Dep't of Justice, Bureau of Justice Statistics, Assault Rates, at http://www.ojp.usdoj.gov/bjs/glance/aslt.htm (last visited, Oct. 14 2001).  The number of simple assaults per 100,000 people was 1,780. Id.  Simple assault is defined as an attack without a weapon that results in no injury, minor injury, (such as bruises, cuts, and black eyes) or an injury requiring less than two days hospitalization. Id.
Hate crimes, which are motivated wholly, or partially, by the perpetrator's bias, numbered 7,876 reported cases in 1999.  U.S. Dep't of Justice, Fed. Bureau of Investigation, Hate Crimes, at http://www.fbi.gov/ucr/Cius_99/99crime/99c2_12.pdf (last visited Oct. 30, 2001).  Of these, thirty-six percent of the cases involved intimidation, twenty-eight percent destruction of property, nineteen percent simple assault, and twelve percent aggravated assault. Id.
4 KOVACH, supra note 3, at 2.  In contrast, the "win-win" approach focuses on co-operation rather than attacking the other side.  Win-win is often seen as "I want to win and I want you to win too." Conflict Resolution Network, 12 Skills, 1. The Win-Win Approach, at http://www.crnhq.org/windskill1.html (last visited Nov. 3, 2001).
5 See KOVACH, supra note 3, at 4.
6 Media Awareness Network, Violence in Popular Culture, at http://www.media-awareness.ca/eng/issues/stats/issvio.htm (last visited Oct. 30, 2001).
7 Id.
8 Id.  The study also found violence to be prevalent in music videos.  In fact, "in 188 different videos, 1,785 separate acts of violence were depicted." Id.
9 KOVACH, supra note 3, at 4.
 
10 Id.
 
11 Id.
12 David W. Johnson & Roger Johnson, et al., Using Conflict Managers to Mediate Conflicts in an Inner-City Elementary School, 12 MEDIATION Q. 379, 384 (1995) (stating that eighty-one percent of the conflicts referred involved fights and insults).
13 W. David Watkins & John S. Hooks, The Legal Aspects of School Violence: Balancing School Safety With Student's Rights, 69 MISS. L.J. 641, 646 (1999) (citing NAT'L. CTR. FOR EDUCATION STATISTICS, OFFICE OF EDUC. RESEARCH & IMPROVEMENT, U.S. DEPARTMENT OF EDUCATION, VIOLENCE AND DISCIPLINE PROBLEMS IN U.S. PUBLIC SCHOOLS: 1996-97, at 23 (1998)).
14 Nancy D. Brener, Ph.D, et al., Recent Trends in Violence Related Behaviors Among High School Students in the United States, 282 JAMA 440, 445 (1999).
15 Ira M. Schwartz et al., School Bells, Death Knells, and Body Counts: No Apocalypse Now, 37 HOUS. L. REV. 1, 3 (2000)(citing Pascal D. Forgione, Jr. & Jan M. Chaiken, Forward to Philip Kaufman et al., U.S. DEP'T OF EDUC. & U.S. DEP'T OF JUST., INDICATORS OF SCHOOL CRIME AND SAFETY, 1998, at iii (1998)).  Tragedies such as what occurred at Columbine High School, in Littleton, Colorado are extremely rare.  Less than 1% of homicides and suicides "among school aged youth occurs on school grounds" or at related functions.  See Watkins & Hooks, supra note 13, at 645 (discussing homicide statistics).  In 1999, the chance of being killed in a school was one in two million.  Kim Brooks et al., School House Hype: Two Years Later, KY. CHILDREN'S RTS. J., (2000) 1, 9.
16 Schwartz et al., supra note 15, at 10.
17 Id.
18 Id.
19 See KOVACH, supra note 3, at 24-5; Holly A. Streeter-Schaefer, A Look At Court Mandated Civil Mediation, 49 Drake L. Rev. 367, 383 (discussing the nature of mediation).  Arbitration and mediation were preferred historically because "[t]hey expressed an ideology of communitarian justice without formal law, an equitable process based on reciprocal access and trust among community members." JEROLD S. AUERBACH, JUSTICE WITHOUT LAW? 4 (1983).
20 KOVACH, supra note 3, at 25.
21 Id. at 26 (citing ARISTOTLE, THE ATHENIAN CONSTITUTION, reprinted in THE ATHENIAN CONSTITUTION 98 (1984)).
22 THE ALTERNATIVE DISPUTE RESOLUTION PRACTICE GUIDE §1:1, 1-2 (Bette J. Roth et al. eds., 2000).
23 Id.
24 See KOVACH, supra note 3, at 25 (citing Jerome Alan Cohen, Chinese Mediation on the Eve of Modernization, 55 CAL. L. REV. 1201, 1205 (1966)).
25 Id. Non-adversarial dispute resolution has been used by people in many countries, including Japanese village leaders, Scandinavian fishermen, African tribes, and Israeli Kibbutzim. See id. at 26 (discussing dispute resolution methods in various countries).
26 See id. at 26 (discussing Native American culture).  Native American "peacemaking" attempts to resolve "the underlying causes of conflict, and mends relationships." Id.
27 American Dispute Resolution § 1, 4 AM. JUR. 2d (2000).
28 KOVACH, supra note 3, at 27.
29 THE ALTERNATIVE DISPUTE RESOLUTION PRACTICE GUIDE, supra note 22, at  1-2.
30 Id. at 1-3.
31 See E. FRANKLIN DUKES, RESOLVING PUBLIC CONFLICT 26 (Bill Jones et al. eds., 1996) (explaining the decline of the use of non-adversarial dispute resolution in the early United States).
32 See KOVACH, supra note 3, at 27 (discussing changes in society).
33 E. FRANKLIN DUKES, supra note 31, at 26.
34 See id.; KOVACH, supra note 3, at 27; AUERBACH, supra note 19, at 7 (discussing societal changes).  Auerbach suggests that there is a continuous movement over time between the formal legal system and informal alternatives.  "[A]s the older customary order deteriorates, the dominant shift is toward explicit legal rules and procedures 'to clarify what the disintegration of community has made dark and slippery.'" Id. at 7 (citing ROBERTO MANGABERIA UNGER, LAW IN MODERN SOCIETY 62 (New York, 1976)).
35 KOVACH, supra note 3, at 6.
36 Id. at 7.
37 ABRAHAM P. ORDOVER ET AL., NAT'L INST. FOR TRIAL ADVOCACY, ALTERNATIVES TO LITIGATION: MEDIATION, ARBITRATION, AND THE ART OF DISPUTE RESOLUTION 103 (Nat'l Inst. For Trial Advocacy ed., 1993).
38 KOVACH, supra note 3, at 7.
39 See generally KOVACH, supra note 3, at 23 (discussing mediation); THE ALTERNATIVE DISPUTE RESOLUTION PRACTICE GUIDE §1:4, 1-5 (Bette J. Roth et al. eds., 2000)(discussing mediation).
40 ORDOVER ET AL., supra note 37, at 14.
41 KOVACH, supra note 3, at 12.
42 ORDOVER ET AL., supra note 37, at 14.
43 Id.
44 KOVACH, supra note 3, at 8; ORDOVER ET AL., supra note 37, at 14.
45 KOVACH, supra note 3, at 8.
46 Id.
47 Id.
48 NEB. REV. STAT. § 25-2902 (2000).
49 JONATHAN B. MARKS ET AL., NAT'L INST. FOR DISPUTE RESOLUTION, DISPUTE RESOLUTION IN AMERICA: PROCESSES IN EVOLUTION 9 (Nat'l Inst. For Dispute Resolution ed.,1984)(discussing the problems with traditional dispute resolution).
50 KOVACH, supra note 3, at 27.
51 29 U.S.C.A. § 172 (West 2000).

52 See id. at 27.
53 See Streeter-Schaefer, supra note 19, at 383 (explaining the benefits of mediation).
54 Id. at 384 (citing Note, Mandatory Mediation and Summary Jury Trial: Guidelines for Ensuring Fair and Effective Processes, 103 HARV. L. REV. 1086, 1092 (1990)).
55 Id. at 371.  In 1996, a study conducted by the Federal Judicial Center and the Center for Public Relations found mediation to be the most common form of court-annexed ADR. See The Paths of Civil Litigation, 113 HARV. L. REV. 1851, 1853 (2000) (discussing court mandated mediation).
56 See Streeter-Schaefer, supra note 19, at 371 (explaining the court mandated mediation process).
57 28 U.S.C. § 651 (1998).
58 Id. Many states have mandated mediation as well. Streeter-Schaefer, supra note 19, at 373.
59 American Dispute Resolution § 45, 4 AM. JUR. 2d (2000).
60 KOVACH, supra note 3, at 29.  The Pound Conference was another name for the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice, sponsored by the American Bar Association. AUERBACH, supra note 19, at 123.
61 KOVACH, supra note 3, at 30.
62 See id.(discussing the growth of the multi-door courthouse).
63 Id.
64 Id.
65 20 U.S.C.A § 8921 (West 2000).
66 20 U.S.C. § 6301 (2000).

67 Id.
68 See ILL. COMP. STAT. ANN. 5/10-22.6(d) (2000) (extending the expulsion to school-sponsored activities or events, or an activity or event bearing a "reasonable relationship" to school); MICH. COMP. LAWS ANN. § 380.1311(2) (2000); NEV. REV. STAT. 392.466 (1) (1999) (extending expulsion to a school sponsored activity or a school bus); TEX. EDUC. CODE ANN. § 37.006(a) (2000) (extending expulsion to within 300 feet of school property, and to school-sponsored or school-related activities).
69 Lyons v. Penn Hills Sch. Dist., 723 A.2d 1073, 1074 (1999).  Twelve-year old Adam Lyons was caught filing a fingernail with a miniature Swiss Army knife. His teacher asked him to turn the knife over. He did, explaining that he had intended to turn it over.  The school suspended him for one year. Id.
70 Kathleen M. Cerrone, Comment, The Gun-Free Schools Act of 1994: Zero Tolerance Takes Aim At Procedural Due Process, 20 PACE L. REV. 131, 183 (1999).
71 See Margaret Graham Tebo, Zero Tolerance, Zero Sense, 86 APR A.B.A.J. 40, 41 (2000) Giving another student Midol for her cramps was considered drug trafficking.
72 See Nadine Strossen, Keeping the Constitution Inside the Schoolhouse Gate-Students' Rights Thirty Years After Tinker v. Des Moines Independent Community School District, 48 DRAKE L.REV. 445, 464 (2000).
73 Paul M. Bogos, Note, "Expelled.  No Excuses.  No Exceptions."- Michigan's Zero-Tolerance Policy in Response to School Violence: M.C.L.A. Section 380.1311, 74 U. DET. MERCY L. REV. 357, 381 (1997).  Suspensions have increased from 1.7 million to 3.1 million in 1997.  Brooks et al., supra note 15, at 9.  In the 1996-97 school year, 5,724 students were expelled under the Gun Free Schools Act.  In the 1997-98 school year, the number was 3,930.  Ten percent of the 3,930 were elementary students. Id.
The National School Boards Association, in summarizing research on suspensions and expulsions, has stated that "suspended students lose valuable instruction and are likely to distrust the authority that has rejected them, ...suspension rewards teachers and others for avoiding classroom responsibility...[and] suspended students are usually the very students who most need direct instruction."  Bogos, supra, at 381.
In addition, while zero-tolerance laws are meant to deter students from bringing weapons to school, many critics claim that the laws will not deter students who are psychopathic.  See Cerrone, supra note 70, at 182 (stating that students with psychopathic tendencies "act with no regard for the consequences...and no desire to conform their behavior."). See also Laura Beresh-Taylor, Preventing Violence in Ohio's Schools, 33 AKRON L. REV. 311, 327 (2000)(questioning the deterrence effect of zero tolerance laws).  A prime example of this is Kip Kinkle, who massacred -students in Springfield, Oregon.  Kip had been suspended the day before the assault for bringing a gun to school.  Cerrone, Comment, The Gun-Free Schools Act of 1994: Zero Tolerance Takes Aim At Procedural Due Process, 20 PACE L. REV. 131, 183 (1999).
Commenting on such responses, one high school student stated, "Schools should be places where you want to be, instead of places where you have to be.  School officials should resist the easy solutions.  The first solution to the problem is often the one that creates more problems."  Nancy Murray, School Safety: Are We On The Right Track?, 34 NEW ENG.L.REV. 635, 642  (2000).
74 Bogos, supra note 73, at 373.
75 Brooks et al., supra note 15, at 10.
76 Schwartz et al., supra note 15, at 14.
77 Brooks et al., supra note 15, at 10.
78 See Kelly Rozmus, Peer Mediation Programs in Schools: Resolving Classroom Conflict But Raising Ethical Concerns?,
26 J.L.& EDUC. 69, 71 (1997)(describing the elements of peer mediation).
79 Todd A. Turnblom, Comment and Note, Reducing School Disorder Through Mediation, 1995 BYU EDUC. & L.J. 62, 72 (1995).  See Rozmus, supra note 78, at 75 (discussing ways in which students are selected to be mediators).
80 Rozmus, supra note 78, at 76.
81 Turnblom, supra note 79, at 72.
82 Rozmus, supra note 78, at 79 (citing From Dispute to Dialogue, NEA TODAY, Feb. 1995, at 11.).
83 See Turnblom, supra note 79, at 72 (stating that students underwent 15 to 40 hours of training depending on the program).
84 Paul Lindsay, Conflict Resolution and Peer Mediation in Public Schools: What Works?, 16 MEDIATION Q. 85, 91 (1998)(stating that several schools in his study required student mediators to participate in elective courses on training).
85 Turnblom, supra note 79, at 73.
86 Kay O. Wilburn & Mary Lynn Bates, Conflict Resolution in America's Schools: Defusing An Approaching Crisis, 52-JAN DISP. RESOL. J. 67, 69 (1997).  Training should include "development of basic communication skills such as active listening and clarifying questions; conflict theory; philosophy of mediation; and techniques to train students such as simulations and problem exercises." Rozmus, supra note 78, at 74.  Training should also encompass techniques to prevent conflict from escalating to violence.  These techniques include "...attacking the problem, not the people involved; communicating clearly; focusing on the issue, not your position on the issue;...[and] accepting and respecting differing opinions." Id.
87 Wilburn & Bates, supra note 86, at 69; see also Rozmus, supra note 78, at 73 (discussing this method of training).
88 See Rozmus, supra note 78, at 73 (discussing the full time consultant position at DuVal High School in Maryland).
89 See Lindsay, supra note 84, at 91 (explaining the methods used by the study programs to implement peer mediation programs to students).
90 Rozmus, supra note 78, at 77.
91 Conflict resolution methods can be implemented into numerous school subjects.  One author suggests that in history class, students could mediate historical disputes between countries.  Wilburn & Bates, supra note 87, at 69.
At the Alabama School of Fine Arts, the drama department, in preparing for a project that required "an unusual degree of cooperation among competing talents and interests," id., had an attorney instruct the students in conflict resolution and peer mediation.  When the project was not "coming together" students began problem solving sessions to examine the conflicts and used their peer mediation skills in developing solutions.  Id.
92 Melinda Smith, Conflict Resolution For Children, Youth, and Families, DISP.RESOL.MAG. 3 No. 1, 11, 11 (1996)[hereinafter Smith, Conflict Resolution].
93 For a more in-depth discussion of the qualifications and training needed, see supra notes 158-162 and accompanying text.
94 Streeter-Schaefer, supra note 19, at 1216.
95 Teresa V. Carey, Commentary: Credentialing For Mediators-To Be or Not To Be?, 30 U.S.F.L. Rev. 635, 641 (1996).
96 Id.
97 Streeter-Schaefer, supra note 19, at 1216.
98 Carey, supra note 95, at 640.
99 Wilburn & Bates, supra note 86, at 69; Jill Richey Rayburn, Note, Alternative Dispute Resolution, 26 U. MEM. L. REV. 1197, at 1216.
100 See Jonathan A. Beyer, Practicing Law At the Margins: Surveying Ethics Rules For Legal Assistants and Lawyers Who Mediate, 11 GEO. J. LEGAL ETHICS 411, 415 (1998)(discussing mediation as the practice of law)
101 Kimberlee Kovach, The Lawyer As Teacher: The Role of Education In Lawyering, 4 CLINICAL L. REV. 359, 362 (1998)[hereinafter Kovach, The Lawyer](examining the role of lawyer as teacher).
102 Judge Judith S. Kaye, Remarks: Lawyering For a New Age, 67 FORDHAM L. REV. 1, *9 (1998)("[A] lawyer needs to think creatively about the best way to solve a client's problem.").
103 Rayburn, supra note 99, at 1216 (citing PETER LOVENHEIM, MEDIATE, DON'T LITIGATE 214 (1989)).
104 Kovach, The Lawyer, supra note 101, at 360.
105 Id. at 359.
106 See id. (discussing the lawyer's need for education).
107 Id.
108 Id. at 360.
109 Id. at 364.
110 Kovach, The Lawyer, supra note 101, at 364.
111 Id. at 360.
112 Id. at 361.
113 See generally KOVACH, supra note 3, at 341 (discussing the use of mediation in schools).
114 Lindsay, supra note 84, at 85.
115 See ALA. CODE § 41-15B-2.2(b)(2)2(iv) (2000); DEL. CODE ANN. tit. 14, § 1605 (7)b.7-8 (2000); ILL. COMP. STAT. ANN. 5/22-26(b) (2000); KY. REV. STAT. ANN. § 158.445 (1)(g) (Banks-Baldwin 2000); LA. REV. STAT. ANN. § 17:201 B (West 2000); TENN. CODE ANN. § 49-6-4302 (c)(1) (2000); W. VA. CODE § 18-5A-2 (f)(3) (2000) (specifically referring to peer mediation as a possible school safety program).
116 TEX. EDUC. CODE ANN. § 21.451 (Vernon 1999).
117 See WIS. STAT. ANN. § 118.19 (9)(a) (West 2001) (discussing requirements).
118 WASH. REV. CODE ANN. § 28A.300.280 (West 2001).
119 See supra Part VI.
120 See Kathy Kirk, Mediation Training: What's the Point, Are the Tricks Really New, and Can An Old Dog Learn?, 37 WASHBURN L.J. 637, 657 (1998) (discussing the benefits of mediation).
121 Id. at 658.
122 Id. at 647 (citing Larry Richard, The Lawyer Types, 79 A.B.A. J., July 1993, at 74.)
123 Id.
124 Survey Finds Discontent in Legal Field Trends, L.A. Times, Nov. 12, 1994, available at 1994 WL 2365009.
125 See generally Kirk, supra note 120, at 639-40 (discussing the dissatisfaction with the legal profession that many lawyers are experiencing).
126 Kirk states that, for years, the winner of the Washburn Law School "favorite lawyer contest" was Atticus Finch.  She theorizes that he is their favorite because he personified the "essence of the civil and honest lawyer and who could be counted upon to do what he said." "He was the traditional ethical rural lawyer."  Id. at 658 n.11.
127 Id. at 639-40.
128 Survey Finds Discontent in Legal Field Trends, supra note 124.
129 Id.
130 Judge Judith S. Kaye, supra note 102, at *11.
131 Take, for example, these jokes from The Lawyer Joke-A-Day

Calendar, 1998: A critically ill lawyer was found frantically

leafing through the Bible in his hospital room.  When asked

the reason, he replied, "Looking for loopholes"; Santa arrived

on the house to see a sign saying, "Walk on roof at own risk."

Santa said to Rudolfph, "This must be a lawyer's house";

Lawyers are good in geometry.  They know all the angles and

they talk in circles;  The honesty of lawyers has never been

questioned.  In fact, it's never been mentioned.

132 Kirk, supra note 120, at 646.
133 Nancy A. Wonch, Conflict Management-A Partnership With Our Schools, 76 MICH. B.J. 142, 144 (1997).
134 The American Bar Association's MODEL RULES OF PROF'L CONDUCT

 R.6.1(b) (1999) suggests that, in addition to the suggested

50 hours of pro bono service, lawyers participate in

activities that focus on improving the law, legal system, or

the legal profession.

135 Johnson, supra note 12, at 387.
136 Id. at 388.
137 Lindsay, supra note 84, at 87 (citations omitted).
138 See Deborah Williamson, et al., We Can Work It Out: Teaching Conflict Management Through Peer Mediation, 21 SOC. WORK IN EDUC. 89, 90 (1999) (discussing empowerment).  One teacher in Lindsay's study commented, "It empowers students.  It helps students feel in control of their lives and their actions, when conflicts can be resolved without adults."  Lindsay, supra note 84, at 93.
139 Williamson, supra note 138, at 90.
140 Kimberlee K. Kovach, Good Faith in Mediation-Requested, Recommended, or Required? A New Ethic, 38 S. TEX. L. REV. 575, 608 (1997)[hereinafter Kovach, Good Faith].  In a study on school violence, conducted by the National Institute of Education, researchers concluded that schools could "control misbehavior by...decreasing the students' sense of powerlessness and alienation." Turnblom, supra note 79, at 64.
141 Smith, Conflict Resolution, supra note 92, at 12; see Turnbloom, supra note 79, at 76; William S. Haft & Elaine R. Weiss, Peer Mediation in Schools: Expectations and Evaluations, 3 HARV. NEGOT. L. REV. 213, 270 n.21 (1998) (discussing the leadership skills student mediators gain).  Students often experience improved academic achievement as well. Id.
142 See Wilburn & Bates, supra note 86, at 69 (stating that students "step up" to the responsibility of being a student mediator); Turnblom, supra note 79, at 76 (citing Nancy A. Burrell & Sally M. Vogl, Turf-Side Conflict Mediation for Students, MEDIATION Q., Summer 1990, at 246).
143 Turnblom, supra note 79, at 68; see Kovach, Good Faith, supra note 140, at 607 (stating that, even when no agreement is reached, parties are satisfied because they were able to discuss the issue with someone else).
144 Lindsay, supra note 84, at 91.
145 See Watkins & Hooks, supra note 13, at 700 (citing NATIONAL CRIME PREVENTION COUNSEL, SAFER SCHOOLS: STRATEGIES FOR EDUCATORS AND LAW ENFORCEMENT TO PREVENT VIOLENCE, WORKING TOGETHER, http://www.ncpc.org/eduleo2.htm).  For example, in one student mediation program sixty mediated disputes resulted in an agreement.  Fifty-five of the agreements were still in effect two weeks later.  Turnblom, supra note 79, at 75 (citing Burrell, supra note 142, at 244).
146 See Lindsay, supra note 84, at 89; Turnblom, supra note 79, at 73.  In an analysis of the Burnaby program, in British Columbia, a survey found that, for girls, there was a decrease in the practice of avoidance and an increase in the tendency to handle conflicts in a constructive manner.  Haft & Weiss, supra note 141, at 242 (citing JULIE A. LAM, THE IMPACT OF CONFLICT RESOLUTION PROGRAMS ON SCHOOLS: A REVIEW AND SYNTHESIS OF THE EVIDENCE 7-9 (1989).).  Boys demonstrated less likeliness to "tattle" and an increased tendency to use assertive statements.  Id.
147 Alexander Volokh, A Brief Guide to School-Violence Prevention, 2 J.L. FAM. STUD. 99, 116 (2000).
148 Lindsay, supra note 84, at 93.
149 Id. at 87.
150 Id. at 92.
151 Lawrence T. Kajs et al., The Use of the Peer Mediation Program To Address Peer-To-Peer Student Conflict in Schools: A Case Study, 146 EDUC. LAW REP. 605, 608 (2000) (discussing Project S.T.O.P. (Schools Teaching Options for Peace)).
152 Id.
153 Turnblom, supra note 79, at 76.
154 Johnson, supra note 12, at 386 (analyzing their study of a peer mediation program in an inner city school).
155 Id. at 387.
156 See Carey, supra note 98, at 635 (analyzing the need for mediation regulations).
157 Id. at 643.
158 JOHN W. COOLEY, THE MEDIATOR'S HANDBOOK app. at H-3 (Nat'l Inst. For Trial Advoc. ed., 2000).
159 See Kirk, supra note 120, at 650 (discussing Kansas' ethics code).
160 The AAA, ABA, and SPIDR have created the Joint Standards for the Conduct of Mediators.  American Arbitration Association, Model Standards of Conduct For Mediators, at http://www.adr.org (last visited Oct. 19, 2001).  See NLP Institute of Chicago, NLP Skills For Mediators, at http://www.nlpchicago.com/skills_mediators.html (last visited Oct. 19, 2001); DEPT. OF VETERANS AFFAIRS, Mediator Skills, at http://www.va.gov/adr/Medskils.htm (last visited Oct. 18, 2001);  Ctr. for Analysis of Alternative Dispute Resolution Sys., Nat'l Standards For Court-Connected Mediation Programs, from SPIDR COMM'N ON QUALIFICATIONS, Qualifying Neutrals: The Basic Principles, at http://www.caadrs.org/studies/qualific.htm (last visited Oct. 18, 2001);  Dispute Resolution Through Mediation, Standards of Ethics and Professional Responsibility for Certified Mediators 2000, at http://www.courts.state.va.us/soe/soe.htm (last visited Oct. 20, 2001).  See http://www.mediate.com/ethics for additional state mediation codes and standards of practice.
161 See OHIO COMM'N ON DISPUTE RESOLUTION AND CONFLICT MGMT., CONSUMER GUIDE: SCHOOL CONFLICT RESOLUTION TRAINING, WHAT YOU NEED TO KNOW TO SELECT A TRAINER at http://www.state.oh.us/cdr/Brochures/cgcsmtrainer.htm.  This cite provides schools looking to begin peer mediation programs with a wealth of information on what to look for and what questions to ask.  The cite would also be helpful to the lawyer contemplating a career in peer mediation.
162 Forrest S. Mosten, Introduction: Mediation 2000: Training Mediators for the 21st Century, 38 FAM. & CONCILIATION CTS. REV. 17, 19 (2000).
163 Todd A. Smith, Teaching Conflict Resolution in Schools: The ISBA Role, 86 ILL.B.J. 117, 117 (1998)[hereinafter Smith, Teaching].
164 See id.; Conflict Resolution Educators, at http://www.resolutioneducation.com (last visited Oct. 14, 2001).
165 Smith, Teaching, supra note 163, at 117.
166 Id.
167 Office of Juvenile Justice and Delinquency Prevention, National Youth Centered Conflict Resolution Education, at http://www.ojjdp.ncjrs.org/pubs/tmgcatalg/iidr-pi.html (last visited Oct. 9, 2001).
168 Id.
169 Id.
170 E-mail from Donna Crawford, Executive Director, National Center For Conflict Resolution Education, to the author (Sept. 21, 2001) (on file with the author).
171 Id. Russell Brunson, a lawyer, is the former development director for the National Center for Conflict Resolution Education.  He is now a part time consultant for National Youth Centered Conflict Resolution Education program.  See id.; Conflict Resolution Education, Conflict Resolution Education Consultants, at http://www.resolutioneducation.com (last visited Oct. 14, 2001).
172 E-mail from Jennifer Selfridge, Program Director, Resolving Conflict Creatively Program, to the author (Sept. 21, 2001)(on file with the author).
173 Id.
174 See EDUCATORS FOR SOC. RESPONSIBILITY, RESOLVING CONFLICT CREATIVELY PROGRAM: AN OVERVIEW (on file with the author).
175 Haft & Weiss, supra note 141, at 224.
176 Id.
177 See E-mail from Jennifer Selfridge, supra note 172.
178 Id.
179  Haft & Weiss, supra note 141, at 228.
180 Id.
181 Id. at 229.
182 Id.
183 Many volunteer groups choose this option.  It is easier for them to begin their work, and much less costly, if a grant is secured to purchase the materials.  See Wonch, supra note 133, at 143 (discussing the program implemented by the Ingham County Bar Association).
184 For an example of commercial curriculum and products, see http://www.cruinstitute.org/materials.htm (last visited Oct. 18, 2001).
185 See NAT'L CTR. FOR CONFLICT RESOLUTION EDUC., FUNDING SCHOOL BASED CONFLICT RESOLUTION EDUCATION 2 (on file with the author).
186 20 U.S.C.A. § 5962 (West 2000).
187 20 U.S.C.A. § 7103 (West 2000).

188 Smith, Teaching, supra note 163, at 117.
189 See KY. REV. STAT. ANN. § 158.445 (Banks-Baldwin 2000); TENN. CODE ANN. § 49-6-4302(c)(1) (2000); W. Va. Code § 18-2-29 (2000).  The provisions vary from state to state.  For example, Tennessee requires the local education agency to proved a twenty-five percent match of funds. TENN. CODE ANN., supra.
190 See ALA. CODE § 41-15B-2.2 (2001) (setting forth the plans for the Children First Trust Fund).
191 ALA. CODE § 41-15B-2.1 (2001).
192 Id.
193 Rozmus, supra note 78, at 85.
194 See Judge Josefina Muniz Rendon, Partners in Peer Mediation, 34-APR HOUS. LAW. 38, 38 (1997) (describing the Harris County Partners in Peer Mediation Program).
195 Ohio Comm'n on Dispute Resolution and Conflict Mgmt., Conflict Management Funding, at http://www.state.oh.us/cdr/schools/funding.htm#ideas (last visited Oct. 14, 2001).
196 Rozmus, supra note 78, at 85.
197 Ohio Comm'n on Dispute Resolution and Conflict Mgmt., supra note 195.
198 Id.
199 For example, the manager for the Court Community Relations  division of the Kentucky Administrative Office of the Courts received a grant from the Kentucky Bar Association to fund portions of his conflict resolution program. Williamson, supra 138, at 92.
200 See supra Part I.

201 See supra Part II.

202 See supra Part III.

203 See supra Part IV.

204 See supra Part IV.

205 See supra Part V.