Transformative mediation and third‐party intervention: Ten hallmarks of a transformative approach to practice

Abstract

The transformative approach to mediation and third-party intervention is seen as attractive by many practitioners, but they are still somewhat unsure of its precise contours in practice. To clarify these contours, the authors describe ten major patterns of practice that they believe characterize the work of intervenors who follow this approach. These "hallmarks" of transformative practice rangefrom the content of mediators' opening statements, to their attitudes about party competence and motivation, to their willingness to deal with emotion and conflict history. Togethel; the hallmarks paint a clearer picture of this approach to intervention. They also help clarify some misunderstandings that have arisen about the approach.This special issue of Mediation Quarterly is dedicated to a discussion of the possibilities for implementing what we have called a transformative approach to mediation practice (Bush and Folger, 1994)+mphasizing the concrete steps that this involves and offering several illustrations of how mediators and other intervenors are currently putting this approach into practice. In h s lead article, we offer ideas about the key elements or commitments that characterize a transformative approach to mediation practice-that is, an approach centered on mediation's transformative dimensions: empowerment and recognition. Articulating these key elements will, we think, concretize the lunds of specific practices involved in a transformative approach and clarify its basic principles and characteristics. Trans formative Framework Moving from Theory to PracticeIn programs offering training in the transformative approach to mediation, we often begin by asking practicing mediators to describe one of their most highly

Mediation as a Leadership Strategy to Deal with Conflict in Schools

“…The transformative mediation approach tends to be process-oriented, with success being defined in terms of improvements in disputants' personal clarity and interpersonal understanding (Bush & Folger, 1994Folger & Bush, 1996;Noce, 1999). The premise on which transformative mediation rests is that individuals in conflict should seek to improve the quality of their relationship with their opponents, first by seeking a better understanding of themselves and of the opposing party and then by creating shared meanings.…”

“…Informing the latter approach is the assumption that accepting responsibility for their own emotions and solutions make disputants more aware of their own position and values. This awareness, in turn, enables them better to deal with difficulties they are facing when they seek to see and understand another person's point of view (Bush & Folger, 2005;Folger, 2002;Noce, 1999). Wong (1998), phrasing the same idea somewhat differently, moots that change begins within the persons concernedin their hearts, heads, and hands.…”

“…They come to realise that they hold something that is of value to the opponent, that they can communicate effectively with the opponent, and that they can utilise their resources to pursue their goal(s) (Bush & Folger, 1994. More importantly, they are enabled to improve their own skills in conflict resolution: they learn how to listen, communicate, analyse issues, evaluate alternatives and make decisions more effectively than they could before and, because of this, they begin to be more responsive to others (Folger, 2002;Noce, 1999).…”

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“…In a problem-solving or facilitative model, the mediator helps the parties identify and dovetail their interests (Fisher, Ury, and Patton, 1991;Waldman, 1998). Still less directive is transformative mediation (Bush and Folger, 1994;Folger and Bush, 1996), which focuses on empowering the parties to control all aspects of the mediation. Transformative mediators do not pressure parties to accept a settlement, but rather to clarify their own interests, goals, and choices.…”

Transformative mediation: In search of a theory of practice

“…Bush and Folger have indicated in several recent articles that transformative mediation cannot and should not be melded with other kinds of mediation (Folger and Bush, 1996b). It is an unfortunate position because the stated theoretical basis for the practice of transformative mediation is weak and could benefit from cross-pollination.…”