Mediation II

A second technique the mediator could pick is Transformative Mediation. As the name suggests, this method hopes to transform the relationship between the parties. This method requires a great deal of skill and discipline from the mediator. If transformative mediation is successful a true transformation in the relationship between the parties will take place. One drawback to this method is a risk of not getting a resolution to the problem or problems between the parties. The parties have control of the process and can choose not to work out their differences. At first glance, this looks like a drawback but it is possible the parties will gain a better understanding of each other and what they are facing.

The root cause of the conflict may be obscured by what brought the parties to mediation in the first place. In their book The Promise of Mediation The Transformative Approach to Conflict Bush and Folger provide The Purple House mediation example. It started out as a disagreement over the color of a house between a homeowner and a neighborhood association. Major causes of the conflict were not apparent at first. Rather, it turned out to be a perception of racism and little representation in the homeowners association of minority homeowners. This came to light by the mediator letting the participants drive the discussion in a direction of their choosing. A transformation in the relationship between the parties took place rather suddenly with both agreeing to work for a more representative homeowners association. The relationship between the parties was also completely transformed from mistrust and dislike to one of cooperation and friendship. This method requires a lot of skill from the mediator. This method also gives a lot of control to the participants. In doing so it also runs the risk of not getting some type of settlement or closure. Either side can decide to walk away at any time. Even if this happens, they should get a better understanding of each other and what the next steps will look like. There is another method our mediator can use known Narrative Mediation.

Narrative Mediation views relationships and problems as a story or narrative.  The goal of this technique is to help rewrite the ongoing story between the parties. The mediator is much more involved using this method than a transformative approach. He tries to get the whole story from each of the parties looking for underlying causes of the conflict. By carefully deconstructing the story of the conflict, the mediator can open new possibilities for a different understanding of events. This method is dependant on people’s perceptions, which may or may not be accurate. It ties in largely with the post-modern idea of there being no capital T truth. There are only individual perceptions of truth. A story of conflict can be rewritten to one of cooperation and mutual gain (Winslade and Monk). A drawback to this method can be one or more of the parties being deceptive throughout the process with the others involved. It could prove to be difficult to use this method if there is a looming deadline close at hand. A lot of time could be needed to use this process honestly. Narrative Mediation also requires a high degree of skill on behalf of the mediator. That said, mediation mainly depends on participants and not the mediator to be successful.

Mediation provides a way for parties to work out differences on their own terms with out having to tie up court dockets and wait months for some sort of resolution to be handed down. If a problem or dispute can be solved through mediation, it will likely be a more satisfactory outcome than going to court could provide. By using mediation, the participants retain control of the outcome. While going straight to court this control is relinquished. There are situations where mediation is not a good idea such as domestic violence or if one party has far more power than the other party. Still, there are many problems that can be worked out in a mediated session with a skilled mediator who knows how to employ a variety of mediation techniques based on the situation.

References

Bush, Robert A. Baruch, Joseph P. Folger The Promise of Mediation The Transformative Approach to Conflict Jossey-Bass Publishers San Francisco, CA 2005

Fisher, Roger, William Ury Getting to Yes Negotiating Agreement Without Giving In 2^nd Addition Penguin Books New York NY 1991

Winslade, John, Gerald Monk Narrative Mediation A New Approach to Conflict Resolution Jossey-Bass Publishers San Francisco, CA 2001