Frequently asked questions about transformative mediation
What is transformative mediation?
How is Directive/Evaluative mediation different?
What does a transformative mediator do?
What will a transformative mediator refrain from doing?
Transformative mediation is based on the belief that the disputing parties are best able to decide whether and how to resolve their dispute. Empowerment and recognition are emphasized – that is the mediation empowers the parties to effectively express themselves and encourages them to recognize the reasons for others' actions. It supports improved communication between supervisors and employees, amongst employees, and avoids unnecessary litigation.
Many lawyers and representatives have experience with the "directive" or "evaluative" mediation model. These mediators are trained to emphasize settlement and move parties toward that goal. They set participation guidelines and may take a leading role in the discussions. They are solution-oriented and are actively involved in defining both the problem and its solution. They lead the process and draw the parties' attention away from emotion and towards solution of the immediate conflict. Long-term effects upon the parties' relationship are not an area of direct focus. They are trained to suggest possible outcomes and to evaluate the parties' relative positions. They often separate the parties into individual discussions (caucuses) in order to keep them moving in the direction the mediator believes has the best opportunity for reaching a settlement. The mediator declares success when both parties sign a settlement agreement.
Transformative mediators believe that conflict presents opportunities for individuals to change (transform) their interactions with others. Disputing parties can make their own decisions and gain perspective over their situations. The parties set their own agenda and decide what to discuss. The mediator supports the process, summarizes discussions, clarifies issues, and promotes confidence in making decisions. The mediator achieves this by "reflecting," "summarizing," "checking in," and by asking "open ended questions." Anything outside of that scope does not fit into the transformative framework. The mediation is considered successful when the parties participate in interactive communication that results in a clearer understanding of their situation and each other's perspective. Often, this leads to resolution of the dispute.
Transformative mediators will not direct the content of the mediation, will not "gather" information for settlement purposes and will not take an active role in the decision-making process. Instead, they support the parties with the process. They will not push the parties towards settlement, even if they believe they "know" how the case can fairly settle. "Forced" settlements do not resolve the underlying conflict. They will not suggest whether one party's viewpoint has more merit than the other's. They will not comment on the strength or weakness of either party's case or on the status of the law or company policy.
Transformative mediators will not discourage the parties from exhibiting their emotions. Seeing the other party's emotional response may allow parties to better understand the impact of their words and actions.
The REDRESS Program of the US Postal Service, from which this material has been reproduced, adopted the transformative model of mediation for dealing with all its workplace conflict disputes in 2000.
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2nd International Congress on Transformative Mediation June 13-14 in Ljubljana
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Quebec modifies Act to Establish a new Code of Civil Procedure
John Peter Weldon
Institute for the Study of Conflict Transformation (ISCT): Certified Transformative Mediator™
Quebec Bar: Civil, Commercial, Family and Workplace Mediator, Lawyer
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