Mediation Research Methodology

Methodology for Transformational Mediation Research

Given the relatively fresh approach offered by transformational mediation, there has been comparatively little research conducted regarding the intersection of theory and application. Therefore the approach of this design was to seek out practitioners and conduct in-depth interviews with those on the front lines of conflict resolution.

The practitioners sought were all individuals with experience in the application of transformational mediation. These individuals were selected based on their understanding of the theoretical underpinnings of this mediation technique as well as their experience and their practical application of this method.

Through interaction with these practitioners, the design was to allow for detailed discussions proposed for drawing out the rich texture involved in matching a mediation theory with the parties, attorneys, and the specifics of the conflict. Discussions were conceived for the purpose of exploring the rich interaction which necessarily results in the resolution of conflict, whether or not successful.

Interviews were conducted with six different practitioners in the Midwest. These individuals were selected from different lists of specialties all of which held verified forms of certification. Some practices focused on traditional tort areas of conflict while others specialized in the areas of divorce and child custody. All those selected to be interviewed in this study were included for consideration due to the active nature of their various practices in conflict resolution. Convenience sampling and snowball sampling procedures were also incorporated to achieve the desired sample size.

The participants were interviewed over the course of two weeks during the period from October 13th through October 27, 2008. The interviews ranged in length from one to two hours. All interviews were conducted in person with occasional follow up sessions implemented by telephone or e-mail.

The interview responses were recorded using a digital recorder and transcribing software while being monitored. In addition, extensive hand notes were taken during the interviews and matched against the recorded interviews to insure accuracy.

The methodological approach employed herein was conceived of four parts. First the participants were asked a series of questions designed to explore their understanding of the theories involved with transformational mediation. They were then asked a group of questions focusing on their personal experience with various cases and fact patterns. Third, the participants were then asked questions the purpose of which was to explore their analysis and opinions of the effectiveness of transformational mediation and its application to the cases of their experience. Finally, the participants were asked questions designed to elicit their thoughts and opinions as to the efficacy of transformational mediation and with respect to any modifications or variations in theory they have felt it necessary to enact in their efforts to achieve successful resolutions.

Follow up questions were employed wherever necessary. In addition the participants were allowed great leeway in their discussions in an effort to gather greater understanding as to their experiences in the practice. Insofar as each participant's experience was uniquely specific to that individual all efforts were made to glean the benefits of the practical knowledge of these practitioners. Of course all such discussions were set against the backdrop of transformational mediation and its theoretical basis. In addition, any discussions of fact specifically excluded any identifiers concerning the involved parties so to retain all confidentialities.

All data were analyzed with a specific eye toward any emerging themes or characteristics in either theory or practice. Following that analysis any and all such themes were noted as arising from the data so to be incorporated herein.