Conflict Research Consortium
University of Colorado, USA



Book Summary:

The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition

Robert A. Baruch Bush and Joseph P. Folger
San Francisco: Jossey-Bass Publishers, 1994, 296 pp.

The Promise of Mediation: Responding to Conflict Through Empowerment and Recognition examines a transformative approach to mediation. This mediation strategy does not seek to reach an agreement between parties in conflict and to find solutions to their problems as primarily goals. It aims at helping them to reassess themselves, their situation and relationships through empowerment into the belief in their own capabilities and strength and through recognition of each other as decent human beings. Although the book is not a practical guide of the transformative mediation, it contains recommendations on how to exercise this approach in mediating conflicts. The authors offer several case studies to illustrate the transformative potential of mediation. The ideas presented in the book will be of interest to those working in the field of conflict resolution as well as people whose work involves situations where the ability to recognize and use the positive functions inherent to conflicts is essential.

In the Introduction of the book authors present a brief historical overview of the mediation movement in the USA and, using a case study, identify the main concepts and ideas of the transformative approach and its difference from the problem solving model of mediation. The first chapter describes four "stories" of the mediation movement: the Satisfactory Story (emphasizes problem solving); the Social Justice Story (emphasizes the ability of mediation to identify common goals for the weaker parties and create alliances to struggle with injustice); the Transformative Story; the Oppression Story (criticizes mediation for being manipulative and privatizing public interest problems). Thus, mediation is a pluralistic approach to conflict resolution, with the authors believing that the Transformative Story has the most humanistic goals.

The second chapter pictures the current problem solving orientation of mediation and the influence it produces in different levels of practice: the individual practice of mediators, the institutional policies (including an attempt to make the mediation-arbitration process the standard way of practice in community mediation centers); people's perception of the ability of mediation to impact societal problems.

The third chapter is devoted to the problem solving orientation to conflict and the mediation practice it creates. Two styles can be distinguished in this approach: a bargaining style and a therapeutic style. Both of them contain patterns of mediator conduct which the authors do not agree with: limiting conflicts to a set of manageable issues, taking on a directive role in shaping the agreements, dropping the issues that are hard to address.

In the fourth chapter the authors talk about transformative mediation as distinct and separate from the problem solving approach. At the core of it is a view of conflict as not a set of problems that are to be solved, but as opportunities for moral development and growth of the participants. Opportunities for empowerment and recognition can be identified through the specific kinds of occurrences during the mediation process. There are three patterns of mediator conduct opposite to ones of the problem solving model: focusing on the parties' presentation of the conflict during the session, encouraging parties to make their own decisions, and recognizing each other's point of view.

Chapter five presents an example of how a mediator implementing problem solving approach overlooked the possibilities for personal growth and transformation of the parties. In a chapter six case study of a Landlord-Tenant dispute the mediator was able to recognize and use transformative opportunities throughout the mediation session. Chapter seven offers the analysis of the mediator's moves in the Landlord-Tenant case and general directions of transformative mediation application. It contains a map of the process and a table of transformative signpost events.

As all models this one has its pitfalls. The description of them is given in chapter eight. Chapter nine contains discussion of underlying values of transformative and problem solving approaches. Authors then show that those values create different worldviews: Relational and Individualistic. These value dichotomy leads to corresponding conflict orientations and mediation practices. Chapter ten looks at the ways of advancing transformative practice in mediation training and at the institutional level.


Summary by Conflict Research Consortium Staff


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