Issue 2. Second half 2008

Transformative mediation is now being practiced in an increasing range of dispute sectors and has been implemented in a growing number of mediation programs in diverse countries. The transformative approach to mediation is designed to preserve the unique potential mediation offers as a dispute resolution process. This article explains the uniqueness of this approach and how the development of transformative mediation addressed important concerns that arose about other forms of practice. This article clarifies the core purpose and goals of transformative mediation and describes some of the key practice features of this approach to conflict intervention. In addition, the article summarizes some of the elements of transformative mediation training and it describes the breadth of dispute sectors in which transformative mediation is now successfully being used. Understanding the purpose and practice of transformative mediation can allow practitioners and program directors to decide whether they should adopt transformative mediation.

This chapter on transformative mediation is organized as an answer to three questions about divorce mediation: Why is this process being used? What is the basic nature of this process, and especially the mediator’s role? How does a mediator work with the parties in this process? Answering these three questions – why, what and how – will provide the reader a good overview of the transformative model in theory and practice. We begin in this section with the “why” of transformative mediation, because we believe that the answer to this question provides the only solid foundation for answering the other two. Based on that answer, we offer a brief description of the process and the mediator’s role. Then, in the following section, we discuss at greater length the “how” of transformative mediation practice.

In 1998 the United States Postal Serviced adopted the transformative model of mediation for all of its employee discrimination disputes. Over three thousand mediators were trained to deliver mediation services to this organization. This article reports the results of a qualitative, focus group study of the changes that occurred in workplace conflicts through parties’participation in the transformative mediation program.  The results of this study offer: a range of case studies that illustrate various ways in which conflicts were transformed through mediation; a summary of analytical themes that illustrate how empowerment and recognition contributed to the transformation of workplace conflicts; and a discussion of challenges that arose in implementing the mediation program in the United States Postal Service.