Is MTI's Training Transformative Mediation?
MTI's mediation model, which is designed primarily for application in the workplace, represents a blend of transformative and problem-solving approaches.
It is facilitative, not directive. The mediator maintains the "Essential Process of Mediation" (defined as "Face-to-face talking between the parties about the problem without interruption for sufficient time to solve the problem"), assisting the individuals to find their own solution to the organizational problem caused by their conduct. The responsibility and authority for resolving the conflict, and solving the problem, lie entirely with the parties; the mediator does not introduce or recommend solutions.
MTI's model is designed for people who have an on-going interdependent relationship (generally in the workplace); consequently, it is not simply intended to "settle" an immediate dispute. Its focus is on building a basis for future cooperation, not solely on solution of a single issue in isolation from the broader context of their relationship. It produces behaviorally specific agreements regarding future behavior that may constitute obligatory actions by each party.
MTI's model was developed by Dan Dana in the early 1980's, over ten years before the current form of Transformative Mediation became popular.
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Edited by Melissa Zarda. See other bibliographies.
Angie Grieve, Sanjeev Grover, Wendy Trotman, Gail Heard, Tina Carnelli, Terri Williams, Icy L. Mounds
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- Baharvar, David. The Problem With "Problem Solving": Learning From Other Approaches To Mediation.
This article provides an analysis for consideration by mediator-practitioners and trainers as they practice and teach. The standard principles of neutrality of the mediator, self-determination of the parties, and informed consent of the parties are discussed and how there may be gaps, conflicts and ambiguities when put into practice. Transformative mediation is explored as an alternative method that may be a better solution.
- Baruch Bush, R. A., & Folger, J. P. (2005). The promise of mediation: The Transformative Approach to Conflict (second edition). San Francisco: Josey Bass.
This book illustrates the impact of transformative mediation by citing examples of successful use of the transformative approach for conflict resolution. As evidenced by the mediation cases presented in this book, the transformative approach focuses on empowerment and its ability to transform people's attitudes and outlook toward conflict. The authors also clarify some misconceptions about transformative mediation.
- Chupp, Mark (1993). "Conflict Transformation: A Spiritual Process". Conciliation Quarterly, 12 (3), 6-7, p. 11.
The author explores the spiritual aspects of transformation, also known as the mediation process, which ultimately lead to conflict resolution. The author indicates that these spiritual aspects are present during all third party interventions and that the mediator is responsible for providing a safe environment in which the transformation can occur.
- Cobb, S. (1993) Empowerment and Mediation: A Narrative Perspective. Negotiation Journal (Vol. 9, pp. 245-259).
Cobb acknowledges that empowerment is widely recognized as crucial to the dispute resolution process, but notes that its definition is vague and empowerment theory and research are scarce. She examines existing definitions of empowerment and suggests that these definitions, as utilized by mediators, often result in disempowerment. Cobb introduces an alternate definition of empowerment that would better serve the conflict resolution process by providing a theoretical framework for mediation evaluation and assessment.
- Cobb, S. and Rifkin, F. (1991) Practice and Paradox: Deconstructing Neutrality in Mediation. Law and Social Inquiry, (Vol. 16/1, pp. 25-63)
Cobb and Rifkin analyze, challenge, and reconstruct the concept of neutrality as it applies to conflict resolution. They note that the concept of neutrality varies, leading to assumptions that are not always inherently clear. Because neutrality is such a crucial element in the conflict mediation process, Cobb and Rifkin identify, clarify and substantiate three key terms (justice, power, ideology) necessary for its proper definition and construction.
- Davis, A. (1989) "The Logic Behind the Magic of Mediation". Negotiation Journal, 5(1), p. 17-24.
The author uses a real-life scenario to discuss the elements of mediation in conflict resolution. The author determines that in order to have a successful mediation, the mediator must be respectful of the parties in conflict, use a simple approach, foster an environment for open communication, and maintain a positive outlook.
- Davis, A. (1993) Mediation: The Field of Dreams? If We Build it, They Will Come! Negotiation Journal (Vol. 1, pp. 5-12).
Acknowledging the growing popularity of mediation as a profession, veteran mediator Albie Davis offers practical advice for those aspiring to break into this "field of dreams." The options are as limitless as the imagination, Davis suggests, advising would-be practitioners to examine current social trends in addition to exploring their skills, strengths, financial needs, and emotional needs to best determine their most appropriate mediation occupation. Recognizing that networking is important, Davis provides a list of resources.
- Davis, A. & Porter, K. (1985) Dispute Resolution: The Fourth R. Journal of Dispute Resolution (Vol. pp.121-139).
The authors present compelling arguments for implementing peer mediation programs in schools. They provide in-depth analyses of three case studies, beginning with peer mediator training to evaluations of results. Teaching conflict resolution to children makes sense, they argue, because it empowers children to resolve conflicts, subsequently improving communication and reducing violence. The ultimate benefit is that these children, who will someday become our world leaders, will use mediation rather than coercion to resolve global conflicts.
- Diamond, L. (1994) Beyond Win/Win: the heroic Journey of Conflict Transformation (Occasional paper #4). The institute for Mulit-Track. Diplomacy, Washington, DC. Beyond Intractability. Ed. Yevsyukova, M. Conflict Research Consortium, University of Colorado, CO.
Diamond notes that conflict transformation, unlike conflict resolution, changes disputants' beliefs and behaviors. Furthermore, she says, "To transform conflict is to discover peace." Conversely, the achievement of peace will facilitate conflict transformation. Upon presenting five essential steps toward achieving peace, Diamond concludes by saying that the "humanization" of people's relationships is the true catalyst toward understanding, empathy, peace and, ultimately, conflict transformation.
- Dukes Frank (1993) "Public Conflict Resolution: A transformative Approach". Negotiation Journal, 9 (1), p. 45-57.
The author examines approaches to public conflicts by comparing the management approach to the transformative approach. The author identifies the flaws in the management approach and provides insight on how the transformation approach overcomes those limitations. Ultimately, the author suggests that the two approaches can both be utilized as long as the management approach is used in moderation.
- Ellis, D. G., & Maoz, I. (2003). A communication and cultural codes approach to ethnonational conflict. The International Journal of Conflict Management, 14(3/4), 255-272.
Ellis and Maoz present a communication and cultural code approach to ethnonational conflicts. This perspective is rooted in transformative communication theory and research. The research presented supports evidence that cultural groups evolve a code and orientation to communication. These codes can be bridges or barriers to communication. The authors assert that awareness and understanding of intergroup interaction processes and cultural-communication codes is vital in ethnonational conflict resolution.
- Folger, Joseph & Bush, RAB. (1994). "The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition." Jossey-Bass Publishers, San Francisco Pp. 296.
The author demonstrates in several cases the potential to transform mediation. The author then gets into four various stories of a step approach of the mediation beginning with satisfaction and ending with oppression. The author then goes into this world view and then talks about his approach while stressing the importance of empowerment and recognition. After covering the theory, the authors get into the actual practice of these approaches and values and how they are linked to the worldview.
- Folger, Joseph & Bush RBB. (1994). "Ideology, Orientation to Conflict, and Mediation Discourse". In New Directions in Mediation, Joseph Folger and Tricia Jones (Eds.) Thousand Oaks, California: Sage Publications, pp. 3-25.
The authors start off by critiquing mediation and the belief of individualist social ideology. Ideologies are used to see, interpret, and make judgment on the world. The authors then discuss problem solving and individual ideology, transformation and relational ideology. They then close with the argument to adopt the ideology of this transformational approach as well as weaken the power of the mediator.
- Fuller L. (1971) Mediation: Its Forms and Functions. Southern California Law Review. (Vol. 44 pp. 305-339)
Law school students typically focus on existing laws and contracts but are taught little about the social circumstances that facilitated the creation of these laws, Fuller says. Subsequently, they focus on law enforcement during conflict negotiations and often lack the insight to appraise the suitability of the application of such laws for conflict resolution. Mediators add value by analyzing the aptness of laws in resolving individual conflicts, resulting in a broader selection of potential resolutions.
- Gaynier, L.P. (2005). Transformative mediation: In search of a theory of practice. Conflict Resolution Quarterly, 22(3), 397-408.
In this article Gaynier presents an argument that a framework of transformative practice needs to be built and articulated in a way that is free from any moral imperative. The author suggests that a solid grounding in Gestalt-based theory offers a value-free basis for this transformative practice, thereby enabling the mediator to support mutual recognition and empowerment among the disputants.
- Gerard, Glenna & Teurfs, Linda. (1995). "Dialogue and Organizational Transformation," in Community Spirit: Renewing Spirit and Learning in Business, Kazimierz Gozdz, ed. (San Francisco: New Leaders Press), pp. 143-53.
Authors Gerard and Teurfs show how the practice of dialogue with four basic steps can potentially transform an organizational culture in three ways and result in the start of building a community through the various steps. The authors then review the benefits of the process of problem solving and give two cases as an example to drive the point home.
- Goodhardt, I. (2005). Transformative mediation: Assumptions and practice. Journal of Family Studies, 11(2), 317-322.
The author describes the world view from which the theory of transformative mediation is derived. This article also compares and contrasts transformative mediation with other mainstream approaches to conflict mediation. The author concludes the article by suggesting that transformative mediation may be useful in settling post-separation disputes.
- Kesner, I. F. & Shapiro, D. L. (1991). Did a "failed" negotiation really fail? Negotiation Journal, 7(4), 369-376.
Kesner and Shapiro question the practice of equating successful negotiations with producing agreements, suggesting that this approach to evaluating negotiation has undesirable consequences. The authors recommend a shift from an outcome-based evaluation to a processed-based evaluation. There is a focus on corporate-merger and acquisitions negotiations, particularly the "failed" Arthur Andersen-Price Waterhouse merger negotiations of 1989.
- Kitchenham , Andrew Teachers and Technology: A Transformative Journey. Journal of Transformative Education 4: 202-225.
This article reports the findings of a study conducted with 10 teachers who experienced perspective transformations as they learned to use educational technology and integrate it into their classroom teaching. Analysis of these data identified themes related to perspective transformations. Sample participant comments are presented to illustrate the themes and corresponding perspective transformation elements.
- Kreisberg, S. (1992). Transforming Power: Domination, Empowerment, and Education. Albany: State University of New York Press.
This book examines the nature of power in the school system and in society, suggesting that power relations in schools reflect the larger societal forces and the interconnections of institutions. The author also analyzes the dynamics of power that can be created by teachers in their relationships with students that will empower both groups.
- Kresner, Idalene F. (1991). "Did a "Failed" Negotiation Really Fail? Reflections on the Arthur Andersen-Price Waterhouse Merger Talks". Negotiation Journal, 7 (4).
The Author argues that a negotiation is not successful if the result is simply an agreement between two parties. Instead of this traditional approach, Kresner suggests that an outcome in which an informative and detailed negotiation process took place is much more successful than the agreement approach. Kresner offers several suggestions to improve the process and reduce damage caused by unsuccessful negotiations.
- Kriesberg, Louis. (1989). "Transforming Conflicts in the Middle East and Central Europe" Intractable Conflicts and Their Transformation. Ed. Louis Kriesberg, Terrell A. Northrup and Stuart J. Thorson. Syracuse, New York: Syracuse University Press. Pp. 109-131.
Kriesberg argues that the strategy combines inducements, issues and parties and he explores the three types of inducements that are used in conflict transformation which includes coercion, tradeoffs and persuasion. In addition, he points out that at least one of the parties needs to be willing to negotiate, and if this isn't the case, then the parties either needs to be replaced or added to get to this point.
- Kriesberg, Louis. (1992) "International Conflict Resolution." (New Haven, Connecticut: Yale University Press), Pp. 275.
The author discusses three theory approaches for international conflict which include statism, pluralism and populism. The author proceeds to point out that win-win solutions are available when dealing with international conflicts and then discusses the patterns of de-escalation as well as the implications.
- Kreisberg, Seth. (1993). "Transforming Power: Domination Empowerment and Education". Conciliation Quarterly, 12 (2), p.10.
The author analyzes the empowerment of teachers and students as well as the process that people take on in order to develop control and be a critical part of society. Kreisberg discusses the differences between power as domination vs. power with as well as the relationships and morals of teachers, schools and society.
- Lederach, John Paul. (1995). "Preparing for Peace: Conflict Transformation Across Cultures". Syracuse University Press.
Lederach argues that where power is unbalanced and people are unaware of conflict, the approach should be advocacy and activism in these types of situations. There needs to be awareness to the conflict as well as a balance in order to achieve peace and justice at the same time.
- Matz, David E. "Mediator Pressure and Party Autonomy: Are They Consistent With Each Other?" Negotiation Journal 10:4 (October 1994), pp. 359-365.
The author shows how mediators can apply pressure and still have party autonomy in order to reach a voluntary agreement. He puts pressure by exploring various points brought up by the parties rather than keeping them high level. He argues that you must know the difference between pressures which brings out agreement vs. pressure that could remove any headway made by the parties in reaching an agreement.
- Mayuzumi, K. Toward Integrally Informed Theories of Transformative Learning (Journal of Transformative Education, October 1, 2005; 3(4): 331 - 353)
This article investigates possibilities for advancing beyond the shortcomings of deconstructive postmodern perspectives shaping transformative learning (TL) theory. The author introduces Ken Wilber's integral meta theory and explores four recommendations to inspire future "integrally informed" theories of TL. Intending to supplement existing integrative, holistic, and integral perspectives within the literature, this article also raises a number of questions to invite other scholar-practitioners to contemplate how we might proceed with building frameworks of TL theory that are more comprehensive, balanced, and inclusive
- Menkel-Meadow, C. (1993) Measuring Both the Art and Science of Mediation. Negotiation Journal (Vol. 9, pp. 321-325).
Menkel-Meadow responds candidly to the Test Design Project's (TDP) proposed specification guidelines for evaluating mediator's performance and screening them for service in various projects. In addition to an empirically supported critique of the TDP's performance measures for applicability, limitations, and potential implementation issues, Menkel-Meadow offers suggestions that would facilitate a more robust evaluation process.
- Menkel-Meadow, C. (1995) Book Review. The Many Ways of Mediation: The Transformation of Traditions, Ideologies, Paradigms, and Practices. Negotiation Journal (Vol. 11, pp. 217-242)
In her critique of three mediation books by multiple authors, Menkel-Meadow asks: "What transformative potential does mediation have to change people, situations, and political and social structures?" As she analyzes and reconciles the authors' disparate views, Menkel-Meadow shifts the focus from individual conflict to societal conflicts and explains how mediation can be a powerful, democratic transformation tool. Yet she also cautions its use, noting the negative transformative potential of manipulative and self-serving mediation.
- Noce, D. J. (1999). Seeing theory in practice: An analysis of empathy in mediation. Negotiation Journal, 15(3), 229.
In this article author questions whether or not differences in specific theoretical orientations to mediation practice, (problem-solving versus transformative) produce any material differences in practice. This question is approached through analysis of a single construct in the mediation literature, empathy. The author proposes that the problem-solving framework enhances transactional empathy, whereas the transformational framework fosters relational empathy.
- Paffenholz, T. (2004) Designing Transformation and Intervention Processes. Berghof Handbook for Conflict Resolution.
Paffenholz looks at conflict mediation from a civilian peace intervention perspective, noting that there are different methods and levels of intervention: macro (top level), meso (mid level) and micro (grassroots level). Each level is explained in detail with examples of appropriate intervention strategies. The author emphasizes the need to understand the conflict level and the conditions, parameters, and methodologies for obtaining and sustaining peace.
- Peterson, David C. Transformative Mediation styles that work in Ligitative and Commercial settings.
In this article author explains the transformative mediation technique in ligitative and commercial setting using various scenarios. It helps the reader to really understand the meaning and differences by visualizing and analyzing these scenarios.
- Rothman, Jay. (1996) "Reflexive Dialogue as Transformation." Mediation Quarterly 13:4 pp. 345-52.
The author argues that his approach of transformative conflict resolution is with reflexive dialogue where those in conflict speak about their needs and interests in front of the other party and by exploring these, this empowers the parties. In addition, it will foster a better environment and avoid the two extremes of conflict resolution.
- Sander, Frank E.A. (1995). "The Obsession with Settlement Rates". Negotiation Journal, 11 (4).
The author discusses his six fundamental flaws with using the settlement rate as measure of effectiveness in mediation. The author argues that emphasis should be placed on other factors such as quality, cost and time savings, whether each party involved is satisfied with the resolution, and whether all parties are able to successfully adhere to the resolution.
- Suter, K. (2006) Dialogue and Debate. Retrieved from the Conflict Resolution Network website August 27, 2006.
While acknowledging that opposing political parties are built into our democratic system, Suter suggests that democracy would be better served if competing political candidates disposed of debates and embraced dialogue instead. Debates are often predictable and seldom reveal new information, Suter says, but dialogue, conversely, often reveals new information. Calling the debate system "old-fashioned" and "adversarial", Suter argues that constituents are cheated by a process that focuses on winning, rather than probing relevant issues.
- Tyson, J. A. (2004). Victim offender mediation: A field study of the transformative theory of mediation. Dissertation Abstracts International: Section B: The Sciences and Engineering.
Supporters of victim offender mediation encourage victim offender mediators to use a transformative approach and to employ tactics to enhance mutual understanding, clarify the decision making process of the participants, and facilitate transformation. This study applies a non-experimental design to investigate the association between different types of mediator tactics and mediation outcomes in effort to examine if victim offender mediators should utilize an exclusively transformative approach.