Transformative mediation: In search of a theory of practice

Abstract

Transformative mediation has taken hold in certain mediation circles, generated consternation in others, and been the topic of vigorous debate at some professional mediators' conferences. This article argues that a solid grounding in Gestalt-based theory allows the mediator to approach disputants with intentional support for expanding the ground between them, thus supporting mutual recognition and empowerment.

Towards mediation: developing a theoretical framework to understand alternative dispute resolution

“…Mediation processes have been conceived and labelled in different ways. In the United States, a distinction is made between problem‐solving and transformative approaches (Bingham and Pitts, 2002; Bush and Folger, 1994; Gaynier, 2005). In the UK, ACAS (2005) makes a distinction between directive and facilitative approaches.…”

“…Gaynier (2005), while criticising the strident way Bush and Folger have promoted their transformative mediation model, nevertheless charts its heritage in Gestalt theory 1 . Transformative mediation, she argues, has a solid theoretical base that is shared with other therapeutic approaches and takes a holistic rather than a narrow view of ‘problems’.…”

A Mentalizing‐Based Approach to Family Mediation: Harnessing Our Fundamental Capacity to Resolve Conflict and Building an Evidence‐Based Practice for the Field*

“…A particular challenge for family mediators in Australia is mediating in a manner that works in the "best interests of the child" and also invokes what is known as the mediation shift-the breakthrough moments that occur when the parties shift from their entrenched positions to engaging in a more constructive discussion about their dispute (Gaynier, 2005). Much has been written on child-focused and child-inclusive mediation and several longitudinal and experimental studies have been conducted on the efficacy of various approaches to mediation (Emery et al, 2001;Ballard et al, 2013;Bell, Cashmore, Parkinson, & Single, 2013;McIntosh, Long, & Moloney, 2004;McIntosh, Wells, Smyth, & Long, 2008).…”

Workplace mediation and the empowerment of disputants: rhetoric or reality?

“…Mediation processes have been conceived and labelled in different ways. In the United States, a distinction is made between problem‐solving and transformative approaches (Gaynier, ). In contrast, in the UK, a distinction is made between directive and facilitative approaches (Ridley‐Duff and Bennett, ), based on the role of the mediator within the mediation process.…”