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What is transformative mediation?
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| The transformative model of mediation is based on the belief that the disputing parties themselves are best able to decide whether and how to resolve their dispute. The twin concepts of empowerment and recognition are emphasized - that is, the mediation is aimed at empowering the parties to express themselves effectively and encouraging them to recognize the reasons to others' actions. The transformative model is entirely consistent with the goals of the REDRESS® program; it supports improved communication between supervisors and employees and avoidance of unnecessary litigation.
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How is Directive/Evaluative mediation different?
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| Many lawyers and representatives have experience with the "directive" or “evaluative” mediation model. Mediators with a directive orientation are trained to emphasize settlement and move parties toward that goal. They set guidelines for the parties’ participation and may take a leading role in their 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.
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What does a transformative mediator do?
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| Transformative mediators operate from the belief that conflict presents opportunities for individuals to change (transform) their interactions with others. Parties can take advantage of these opportunities in mediation by exercising their abilities to make decisions and to gain perspective over their situations. The mediator support the parties as they decide what to discuss and set their own agenda. The mediator can be expected to summarize discussions, clarify issues, and promote confidence in making decisions. The mediator can achieve this by “reflecting”, “summarizing”, “checking in” and by asking “open ended questions” only. Anything outside of that scope does not fit into the transformative framework. The mediation is considered successful when the parties have a clearer understanding of their situation and better recognize each other’s perspective and have interactive communication. Often, this leads to resolution of the dispute.
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What will a transformative mediator refrain from doing?
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| Transformative mediators will not direct the content of the mediation, will not “gather” information for settlement purposes or 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.
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