A Tool in Conflict Transformation

TRANSFORMATIVE MEDIATION
The Mainstream Approach The TRANSCENDApproach

All parties around the table, One on one with the

Mediator=facilitator mediator=elicitator

Negotiation among parties; Dialogue; mutual

war by verbal means brainstorming

Compromise, often ambigous; Transcendence; Imaging

compatible with the old reality a new reality
 SPECTRUM OF RESPONSES
CHOOSE TO DO NOTHING

Informal Discussion
People are on their own
Negotiation
MORE
Conciliation
(Facilitation) Outsider giving assistance
Mediation

Arbitration
Litigation Outsiders taking control
(Judicial)
LESS
Legislation A public process

Civil Disobedience
A civil protest
(Seek to mobilize/influence)

VIOLENCE Out of control?

(Physical coercion) In control?

Adopted from: Mediation Northern Ireland

 Conciliation is to Violence
Conciliation is the one to one dialogue with the
conflicting parties. The task of a conciliator is
to point out how the conflict has become so
damaging. Beware Conciliation without
solution is pacification

Mediation is to Conflict
Mediation is a third party facilitated process
to arrive at a mutually agreed solution. The
mediator s task is to bring an enlightenment
and indicate but not propose a solution
 “Power-based, deal-brokering”
• Mediators exert power, influence, pressure

• ʻSticks and carrotsʼ

• Manipulative tactics to bring parties to an agreement

“Interest-based, problem-solving”
• More facilitative style to promote partiesʼ ownership of process
• Identifying interests and generating creative options for solution

“Transformative, long-term”
• Focuses on underlying relationships between parties
• Seeks to address ʻroot causesʼ
• Conflict seen as an opportunity to improve & deepen relations
 Arbitration

Parties to a dispute present arguments and

evidence to an arbitrator.

The arbitrator then makes a determination,

similar to a judge.
 Conciliation
Parties to a dispute endeavor to reach an agreement
using the assistance of a conciliator.

The conciliator may advise on the content of the

dispute or the outcome of its resolution, but does not
make a determination or ruling.

The conciliator can make suggestions for terms of

settlement, give expert advice on likely settlement
terms, and actively encourage the participants to reach
an agreement.
 Mediation

Involves a qualified impartial third party.

Assists the parties to resolve their differences.

Does not impose solutions.

Parties come up with their own solutions to

settle the dispute.

Assist parties to agree on some issues and narrow

down the issues they do not agree upon.
An Introduction to the Basics of Mediation
 Brief Context of Mediation
(How are disputes being solved today?)

Criminal court is after who is guilty?

Civil court is after who is liable?

Lawyers have won many cases but not

conflicts…..
 What do we need
for a mediation session?
Must Skills of Mediators

Paraphrase

When you paraphrase, you try to restate briefly the point

that someone has just made: “Let me see if I’m
understanding you . . .”

If paraphrasing doesn’t convince a person that he or she

has been heard, you may have to repeat what was said
verbatim.
Reframing

To validate what is being said, but avoid dead-ends in the

communication – e.g., to:

Turn a negative into a positive

Turn from complaints to negotiable behaviours

Move from a focus on the past to a concern for the future

Encourage more constructive communication

 REFRAMING

Definition:

Translating positional, toxic comments

(not nice to hear) into neutral, useful
comments that focus on interests.
 Tips in Reframing

• Listen
• Ignore garbage
• Work to understand needs/goals;
• Restate in neutral, positive words that capture
the party s need/goal (So, what is important to
you is …… )
 Preparation:
The mediator visits the parties separately (conciliate):

Explains mediation and the role of the mediator

Gets background information about the case

Confidence building

Encouragement for mediation

Better preparation for the mediation!

The better the preparation,
the better the mediation!!!
 4 Phases of Mediation

1. Introduction/Opening Statements

2. Storytelling/Parties Sharing Perspectives

on The Problem, Building Understanding

3. Problem Solving/Generating Options

4. Evaluating Options/Packaging and Signing

an Agreement
Explanation of the process
- confidentiality
- the 4 phases

Agree groundrules
- e.g. no abuse or violence
- no aggressive language
- no smoking
- no cellphones
- etc
During the Problem Solving

Mediators should:

ask questions to stimulate generation of as many

ideas as possible
highlight constructive suggestions or possible
solutions
make sure that constructive points are heard by
the other party
provide reality check for the parties – is it feasible?
What happens if no agreement is reached?!
Possible Outcomes

No mediation session
Shuttle mediation
No conclusion in face to face mediation – further
sessions needed
No agreement – breakdown of process
Limited agreement as step of confidence building –
further sessions or visits
Full agreement – written, review date agreed,
possible consequences of not fulfilling
agreement signed!
 Mediator s Roadmap: An Overview
ENTRY INTO THE CONFLICT SITUATION

CONFLICT MAPPING
(Are parties ready to dialogue with assistance of third-party?)

No, parties are not willing

to a mediation . Yes, but not Yes
face-to-face

SHUTTLE MEDIATION
CONCILIATION MEDIATION

POST-MEDIATION
(MONITORING & EVALUATION)
The method is dialogue, mutual search for
acceptable and sustainable solutions.

If the parties manage themselves there is a

sense of ownership. But very often they do not
envisage a New Reality where legitimate goals,
human rights compatible, are met, for lack of
knowledge and creativity. A mediator should
have both; and propose, never impose, softly,
with ??, in the subjunctive mode, some visions.
 Testing Our Learnings

1. Conflict has to do with incompatible goals but not means?

2. Mediators can impose solutions to the parties?
3. Security has to do with force and transformation with peace?
4. There are not only 4 outcomes in conflict but 5?
5. To Transform means to create a new reality for the conflict?
6. Conflict is not normal in life?
7. The mediator can decide what is the best option for the
conflict...
8. Conflict has a life cycle...
9. Conciliation is the same as Mediation...