Transformative mediation seeks to empower parties and foster mutual understanding between them, allowing them to define issues and find solutions themselves. It aims to improve parties' conflict resolution skills and consideration of other perspectives. In contrast, problem-solving mediation focuses on reaching a settlement, with mediators taking a more active role. Transformative mediation leaves responsibility for outcomes with parties and recognizes conflict as a long-term process, viewing increased empowerment and understanding as a successful outcome even without settlement.

1. Transformative Mediation: Moving Beyond a Problem Solving Conflict Management Style

2. Goals of Each Approach:Transformative Mediation:Seeks the empowerment and mutual recognition of the parties involved.

3. Enables the parties to define their own issues and to seek solutions on their own.

4. Enables parties to approach current and future problems with a stronger, more open view.Problem Solving Approach:Generate a mutually acceptable settlement of the immediate dispute.

5. Problem solving mediators control the process and the discussion.

6. Focus only on resolvable issues.

7. Mediator plays a large role in crafting settlement terms and obtaining parties’ agreement.The transformative approach to mediation avoids the problem mediator defectiveness which often occurs in problem-solving mediation, putting responsibility for all outcomes squarely on the disputants.

8. Empowerment:Increasing the skills of both sides to make better decisions for themselves, giving them a sense of their own value, strength, and own capacity to handle life’s problems.It is not power-balancing or redistribution.

9. Empowerment:Parties gain greater clarity about their goals, resources, options, and preferences and use this information to make clear and deliberate decisions.

10. Empowerment:Clarity about goals means that parties will gain a better understanding of what they want and why…

11. Empowerment:Clarity about resources means the parties will better understand what resources are available to them or needed to make an informed choice…

12. Empowerment:Clarity about options means the parties become aware of the range of options available to them…

13. Empowerment:Clarity about preferences means that the parties will reflect and deliberate on their own…

14. Empowerment:Parties are empowered when they improve their own skills in conflict resolution, listening, communication, analysis of issues, evaluation of alternatives and making decisions more effectively.

15. Recognition:Considering the perspectives, views, and experiences of the other…

16. Dialogue:A conversation in which people speak openly and listen respectfully and attentively. Dialogue excludes attach and defense and avoids derogatory attributions based on assumptions about the motives, meanings, or character of others.

17. Dialogue:Key elements to dialogue are collaborating with participants, preventing re-enactment of the old ways of communicating by imposing a negotiated set of ground rules and structure. Structure the session in a way that encourages mutual recognition. In doing so you are also likely to generate empowerment.

18. Dialogue:The results of dialogue are usually extremely transformative as people emerge from the process with a much deeper understanding of both their own vies and the views of people on the other side.

19. Characteristics of Transformative Mediation:Mediator will leave responsibility for the outcomes with the parties.Mediator will not be judgmental about the parties’ views and decisions.Mediators take an optimistic view of the parties’ competence and motives.Mediators allow and are responsive to parties’ expression of emotions.Mediators realize that conflict can be a long-term process and that mediation is one intervention in a longer sequence of conflict interactions.Mediators feel and express a sense of success when empowerment and recognition occur. They do not see a lack of settlement as a “failure.”