Striving to Fulfill the Promise: The Purple House Conversations and the Practice of Transformative Mediation (original) (raw)
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This article examines 'The Promise of Mediation' from the perspective of a UK mediation practitioner. It considers the contribution the book has made to the development of mediation, both as a critical evaluation of existing practice and as an inspiration for practitioners, including the author. It describes three major critiques of The Promise of Mediation before considering the question: does Transformative Mediation provide a coherent theory of mediation? In answering the question, the article considers what the urge for such a theory tells us about the stage of development of the mediation profession. Assumptions and practice. Journal of Family Studies, 11(2), 317-322.) In 2005
Evaluating mediation practice from a transformative perspective
Conflict Resolution Quarterly, 2001
A processfor theformative evaluation of mediation practicefrom a transformative orientation is presented in this article. Fundamental to the process is the understanding that mediator activities reflect and derive from basic premises the mediator holds about people and conflict. During a live role-play mediation or while viewing a videotape of themselves mediating, mediators are asked to reflect on the intent oftheir interventions. A coach-trainer helps the mediator assess the appropriateness of the interventions by inviting consideration of the context of the moment, the intended purpose of the intervention, and the probable empowerment and recognition effect on the parties.
Transformative Mediation: A Critique
Available at SSRN 1691847, 2010
This article was written shortly after the publication of the Second edition of 'The Promise of Mediation'. The article examines the book and its ideas from the perspective of a UK mediation practitioner. It considers the contribution the book has made to the development of mediation, both as a critical evaluation of existing practice and as an inspiration for practitioners, including the author. It describes three major critiques of The Promise of Mediation before considering the question: does Transformative Mediation provide a coherent theory of mediation? In answering the question, the article considers what the urge for such a theory tells us about the stage of development of the mediation profession.
Transformative Mediation -Principles or a theory of Practice? …… Cracking the code
Pulse, 2022
The 1990's were difficult times for mediators. The frozen-faced, neutral facilitative mediator was under challenge from the adversarial, evaluative, directive negotiator-lawyer. Societal mores were changing, driven by the push for patient autonomy in medicine; by philosophers like Gilligan1 calling for equality and empowerment in female psychology; by the humanistic, person-centered approach of psychologists (Carl Rogers);by Pro-social theory; by the drive for authentic leaders imbued with Emotional Intelligence2; and through Perls' present-centered, Gestalt Theory of endless cycles of creation and destruction.
Transformative Mediation Pt.2 Opening Pandora's Box
Transformative Mediation- Part 2, 2023
My first article on Transformative Mediation gave an overview of Transformation Mediation (TM) from the outside (metaphorically, looking at an unopened Pandora's Box). This is the second part of my deconstruction of Transformative Mediation ™, firstly searching for the answers to questions such as What is it all about.
Reframing the Mediation Lens: The Call for a Situational Style of Mediation
Southern Illinois University law journal. Southern Illinois University at Carbondale. School of Law
Law. She has authored or co-authored over twenty-five refereed articles on various law topics. 1. "The central quality of mediation [is] its capacity to reorient the parties toward each other. .. by helping them to achieve a new and shared perception of their relationship, a perception that will redirect their attitudes and dispositions toward one another." Robert A. Baruch Bush, Staying in Orbit, or Breaking Free: The Relationship of Mediation to the Courts Over Four Decades," 84 N.D. L. REV. 705, 719 (2008), citing Lon Fuller, Mediation-Its Forms and Functions, 44 S. CAL. L. REV. 305, 325 (1971). 2. A core characteristic and benefit of mediation is perceived to be that the participants in the process will determine the outcome, rather than an outside body such as the court. See id. at 718.
Four Mediation Stories from Across the Globe
74 The Rabel Journal of Comparative and International Private Law 732, 2010
In the past 30 years mediation has emerged as a significant dispute resolution narrative around the world. It contains many stories told by different story-tellers -- stories about diverse practices, communities and courts, in creasing institutionalisation, regulation, accreditation, standards, research and theoretical developments. Together these stories weave a tapestry of our social and cultural experience of mediation and define mediation as a narrative, a practice and a profession.
2011
For decades, unresolved conflicts have negatively influenced the general public through increased violence, overwhelming the judicial system. A literature review suggested that between 15% and 20% of conflicts result in an impasse. This study was designed to understand how the implementation and application of the transformative meditation technique (TMT) is used to resolve conflicts. The purpose of this qualitative case study was to investigate the interpretation and implementation of TMT. This qualitative case study was grounded in the conceptual framework of interest-based negotiation principles. The research questions focused on mediators' perceptions, interpretations, and depth of knowledge, as well as the effectiveness of the transformative mediation technique (TMT) as an improvement over evaluative or facilitative techniques in resolving conflicts and reducing impasses. Twenty face-to-face interviews were conducted with purposefully selected mediators. Data were coded and analyzed to identify recurring themes: interests, needs, responsibility, relationship, empowerment, problem solving, and negotiation. The findings of the data analysis revealed that mediators were familiar with TMT; interpretation and implementation varied with mediator style. Moreover, most mediators were not highly educated in TMT. In addition, it was found that simply having knowledge of TMT did not prepare mediators to apply the technique appropriately. Mediators were more attracted to the hybrid transformative mediation technique (HTMT). This study has the potential to create positive social change by reducing the number of litigations, giving relief to the overburdened justice system, and thus decreasing the use of limited courts resources.