Transformative Mediation Study:Contributions and Limitations

Contributions (practical applications) -

This study provides useful and practical information concerning the Transformative model of mediation employed in the field of conflict resolution. The theoretical underpinnings of Transformative mediation are analyzed, thus providing a basis for the professional or intellectually curious to engage further with the participants in this study. Practicing mediators and those considering joining the practice may use this information to compare and analyze the specific benefits of Transformative mediation versus a more traditional style.

The participants in this study discuss the difficulties and benefits in working with this model. However, one particular constant in these discussions was the potential for individual and relational human growth through the Transformative mediation process. The benefits of this personal transformation are pointed out herein. The individual empowerment and development into relative equality between the opponents are shown to be positive influences on the participating parties. In addition, the acknowledgment of individual human value is yet another fundamental component to the Transformative model that provides additional growth to all involved individuals.

The professional mediator may now consider that some of the benefits of this mediation form go beyond the resolution of any singular conflict. In fact, the practitioners hope to guide the participants through a mission of self-discovery without undue influence that will allow them to handle future conflicts with the tools learned and acquired in the Transformative model.

These practical implications manifest themselves in considerations by the practitioners for the potential to develop personal hybrids. Practitioners consider the possibility of developing their own models by taking elements of various mediation styles in response to market forces seeking resolution percentages. However, those committed to the Transformative approach generally reject these temptations based on a deeper theoretical understanding that is communicated through this study.

This raises another issue for professional mediators to consider with the practical application of this specific mediation form. Practicing mediators understand that there remains resistance in the field of complex tort litigation and insurance defense. This resistance can translate into a financial consideration or blockage to further practical expansion. There may at times be a financial interest in opting for a means of resolution other than the Transformative model so to satisfy entrenched concepts that exist in certain quarters of the legal world.

The professional mediator may now become aware of the possibilities that exist in expanding the use of this model into those existing pockets of resistance. Whereas Transformative mediation is often associated with relational conflicts such as divorce and child custody, the practitioner now understands the possibility of taking those communication elements and expanding into additional areas of conflict. While many transformative mediators accept this model as being effective in all forms of conflict, the more practical practitioner should become aware of additional ways in which the Transformative methodology may be expanded successfully into more complex tort fact patterns.

Limitations (future research) -

There were several limitations to this study which will provide for future research. One of those was with respect to the limitation as to the number of participants. A primary purpose for this project was to delve deeply into the concerns of practitioners of the Transformative model. In an effort to provide a forum for practitioners and trainers to express their understanding of theory based applications and practical concerns. The depth of the discussions combined with the time available for these professionals generated a limiting effect with respect to the numbers of participants in the study. Nevertheless, the breadth and insight of the participants compensated for raw numbers. As a result the qualitative goal of this study was met through the qualities of the experience, training, depth of discussion, and prominent interest in this study of the practitioner participants.

An additional limitation concerns the substance of a portion of the interviews. Mediators are under a legal obligation to maintain confidentiality concerning the parties; as such, they must choose their words carefully in discussing the fact situations in which they were involved. Not only must they refrain from identifying the parties, they must also guarantee to avoid making any party identifiable. Therefore the participants in this study carried this additional responsibility, which at times generated the limitation of care when discussing fact situations and parties with which they had been involved.

A final limitation exists with respect to the form of mediation against which the Transformative model is compared. In describing Transformative mediation most participants would juxtapose it against other forms of mediation that may be generally referred to as “traditional," “facilitative,” or “interest based.” In addition there are “evaluative” forms and any number of hybrid methodologies. The purpose of this research was to explore in depth the Transformative model in relation to the traditional facilitative approach. Further research may wish to discuss the practical aspects of all mediation methods, taking an in-depth approach in analyzing and comparing the benefits and practical limitations of all these models and their hybrids.

A few final thoughts; more extensive observational data may be useful in providing comparative guidance to those engaged in training, as well as those considering taking up the practice of conflict resolution. Future studies, including the possibility gathering data from parties themselves to the actual conflicts would prove enlightening concerning the educational aspect of Transformative mediation and the perceptions of those parties regarding the efficacy of those mediators immersed in this practice.