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학교폭력 예방책으로서 ‘또래조정제도’에 관한 연구-미국학교의 '또래조정프로그램'을 중심으로-

A Study on the 'Peer Mediation Programs' for the prevention of school violence -Focused on the Peer Mediation Programs in U.S. Schools-

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As concerns continue to mount over school violence, alternative dispute resolution (ADR) practices have expanded beyond their traditional role and into a means of deterring violence among students. As a reaction, various groups have attempted to apply principles and methods of ADR in schools in order to prevent school violence. Peer mediation is based upon the classic premise of traditional mediation that “right may indeed exist on both sides.” Focusing conflict resolution on the equal value of each party’s position-with equal time, respect, and participation for all parties-often achieves asolution that is satisfactory to both sides of a conflict. While achieving a peer mediation program in every school is an attainable goal, it is one that requires much more support from government. In order to reap the many benefits of peer mediation, government should mandate them as a part of the curriculum in every school. This mandate needs to be specific to peer mediation, instead of the broad conflict resolution and violence prevention statutes that currently exist. This direct support and demand for programs by government sends the message to educators, administrators, parents, and students that peer mediation is something worth doing.

Abstract

As concerns continue to mount over school violence, alternative dispute resolution (ADR) practices have expanded beyond their traditional role and into a means of deterring violence among students. As a reaction, various groups have attempted to apply principles and methods of ADR in schools in order to prevent school violence. Peer mediation is based upon the classic premise of traditional mediation that “right may indeed exist on both sides.” Focusing conflict resolution on the equal value of each party’s position-with equal time, respect, and participation for all parties-often achieves asolution that is satisfactory to both sides of a conflict. While achieving a peer mediation program in every school is an attainable goal, it is one that requires much more support from government. In order to reap the many benefits of peer mediation, government should mandate them as a part of the curriculum in every school. This mandate needs to be specific to peer mediation, instead of the broad conflict resolution and violence prevention statutes that currently exist. This direct support and demand for programs by government sends the message to educators, administrators, parents, and students that peer mediation is something worth doing.

참고문헌 (18)

  1. 강순원, "평화교육을 여는 또래중재" (2007), 커뮤니티
  2. 강지명, "성폭력범죄 가․피해 아동․청소년에 대한 회복적 사법의 적용에 관한 연구", 소년보호연구, 22, pp.33~69 (2013), 한국소년정책학회
  3. 김용욱, "한국의 형사조정: 회복적사법 프로그램인가?", 형사정책연구, 19(2), pp.205~229 (2008), 한국형사정책연구원
  4. 김은경, "21세기 소년사법 개혁과 회복적 사법의 가치", 형사정책연구, 18(3), pp.1159~1188 (2007), 한국형사정책연구원
  5. 박상식, "소년범죄와 학교폭력 예방을 위한 회복적 사법의 도입에 관한 연구", 법학연구, 21(2), pp.211~241 (2013), 법학연구소
  6. 2012또래조정 시범학교 운영사업 결과 보고서, "양계민", 한국청소년정책연구원, ~ (2013)
  7. 이덕경, "학교폭력 예방을 위한 새로운 접근-또래조정" (2010), 희망세상
  8. 전종익, "「학교폭력 예방 및 대책에 관한 법률」 개선 방안 연구 : 교육과 예방 및 회복 기능을 중심으로", 교육법학연구, 25(1), pp.205~229 (2013), 대한교육법학회
  9. 조상제, "학교폭력과 회복적 사법", 안암법학, (41), pp.315~342 (2013), 안암법학회
  10. David W. Johnson, "Conflict Resolution and Peer Mediation Programs in Elementary and Secondary Schools: A Review of the Research", REV. EDUC. RES, 66 (1996)
  11. Emily Linnemeier, "SCHOOL-BASED CONFLICT RESOLUTION EDUCATION AND PEER MEDIATION PROGRAMS: THE WESTERN JUSTICE CENTER EXPERIENCE", Disp. Resol. Mag, 18(4), pp.14~ (2012)
  12. JERRY TYRELL, "PEER MEDIATION : A PROCESS FOR PRIMARY SCHOOLS 18" (2002), Souvenir Press
  13. Jon M. Philipson, "The kids are not all right : Mandating Peer Mediation as a Proactive Anti-Bullying Measure in Schools", Cardozo J. Conflict Resol, 14, pp.81~ (2012)
  14. Kelly Rozmus, "Peer Mediation Programs In Schools : Resolving Classroom Conflict But Raising Ethical Concerns?", J. L. & EDUC, 26 (1997)
  15. Loren Podwill, "When it Cornes to Public Service and Pro Bono, TIPS Walks the Talk", BRIEF, 37(Summer) (2008)
  16. Mathew D. Decker, "UNEXCUSED ABSENCE: A REVIEW OF THE NEED, COSTS, AND (LACK OF) SUPPORT FOR PEER MEDIATION PROGRAMS IN U.S. SCHOOLS", J. Disp. Resol (2009)
  17. Simone Marie Freeman, "Upholding Students' Due Process Rights: Why Students Are in Need of Better Representation at, and Alternatives to, School Suspension Hearings", FAM. CT. REV, 45 (2007)
  18. William S. Haft, "Peer Mediation in Schools: Expectations and Evaluations", Harv. Negotiation L. Rev, 3, pp.213~ (1998)

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