Running head: TRANSFORMATIVE MEDIATION 1

Transformative mediation

Student’s Name

Institutional Affiliation
Running head: TRANSFORMATIVE MEDIATION 2

Introduction

The principle of transformative mediation has been subject to scholarly reviews over

the years. In their publication, Robert and Folger gave the basic framework for practice that is

useful in the transformative mediation processes. In their articles, the two-authors sought to

look at transformative mediation processes beyond problem-solving that has been one of the

dominant aspects of all forms of mediation. In contrast, most problem-solving mediation aims

to address specific disputes between people whilst coming up with mutually agreeable

solutions. However, most of these negotiated solutions are often short-lived. The proposed

transformative mediations Bush and Folger (2004) sought to look at the effect of the deeper

transformations in people and their interpersonal relationship as a way of finding solutions to

feuds beyond the short-term goals. It can, therefore, be averred that transformative mediation

process seeks to find solution and meaning to deep underlying social life challenges.

Conceptually, mediation is one of the values that have the capacity to find workable

challenges to our humanistic problem as well as change us to better people amidst our

wrangles. By the aid of specified practices, mediation process has the power to change our

behavior and create positivity in all our undertaking. In reality, mediation is hugely

transformative when excited well. Of all the other mediation modes, transformative

mediation seeks to look at the long-term solution to the challenges between people. At the

individual level, we all must understand the specific fundamental skills that make us good

transformative mediators as well as some of the challenges that come with the use of the

skills. The paper further seeks to discuss the specific timings as to when such skills can be

applied. Application of reflections, check-ins, and summary in mediation process will further

be introspected. Finally, this task aims to look at the specific challenges that are attributed to

having a non-directive stance in the mediation processes.

 Foundational abilities needed to perform the core transformative communication

skills of reflection, summary, and check-in

Reflection

Even though a person may possess exquisite listening skills, the only person who may

feel that he is been understood is not the speaker. Good listening skills can only be developed

through our reflective abilities of the words and feelings and to give a clarification that you

have clearly understood the concepts correctly. It is therefore imperative both the listener and

the speaker should come to an agreement that there is a true representation of what was said

as well as the intended meaning.

Ideally, reflecting listening is the process of restating and paraphrasing the feelings

and the words of the speaker. The specific purpose of such process includes an allowance for

the speaker to comprehend their own thoughts and pay focus on what they feel and convey; a

sign that the speaker is trying to understand the world as they try to understand their

messages as well as an encouragement to continue with the engagements. In the mediation

process, reflection may not involve asking a question it allows the speaker to feel that they

have been understood as well as an opportunity to focus on their own thoughts. Such direct

talks are motivations to continual communication and focus on the subject matter.

Whereas reflective communication does allow the mediator to have a comprehensive

listening ideology to the partners. It can equally lead to subdued and skewed judgment.

Reflective listening involves emotional involvement and being in the shoes of the speaker. In

most instances, the mediator may be emotionally drawn to the speakers’ point of view in a

manner that clouds their judgment. As such, the mediator must have the will and emotional

strength to avoid incidences of swayed and emotional view to the situation. This, however,

should not bar the mediator from showing empathy towards the parties.
Summary

Summary skills are fundamental in the mediation process. It gives assurance to the

parties that their views are considered. In the mediation process, the summary is a technique

that that help hastens the understanding as such may form the basis of references. In the

mediation process, summary occurs when warring parties present their dispute. It can be used

to find a balance between the views as presented by the disputing parties. It further gives

much value the original message as they are used as an overview of the progress made.

Summary skills can further be used as a transit into the agreement phase.

In the mediation process, summary skills involve presentation and weight of the

different points of view in the mediators’ own words and understanding. As such, a good

summary must capture that content and emotional dimension of the presented views. One has

to be a good listener in the mediation process in order to come up with a good summary.

Whereas us there is the tendency for the parties to express the emotion in extreme high pitch

and intensity, the mediator is restricted in giving a description to the expressed emotions

during the process.

A good and effective summary has a number of advantages to the parties as well as

the quality of the mediation process. It gives the impression that all the expressed views have

been heard and valued by the mediation. It further helps reduce instances of confusion

through a feedback process in which parties can be helping to assess their interpersonal

relationships. Astute summary skill bars against distorting the original information.

Additionally, mediators are highly encouraged to make changes to some of the

inconsistencies in the mediation process. In instances where significant changes have been

made, there has to be an illustration to that effect. In summary, the mediation gives assurance

that the objectives of the process have been adequately addressed.

 Even though summary gives a documented account of all the happenings in the

mediation processes, it could be marred by instances of misunderstanding through inaccurate

reporting. One of the major weakness in taking summary during the mediation process is lack

of opportunity to psychologically study both parties while taking notes at the sometime.

Summary requires rational judgments and impartiality in taking all the valuable notes from

the mediation processes.

Check-ins

It is highly unlikely that a mediator may enter into a situation that he/she feels that she

is not capable of solving the feud. However, such situations do happen and that means that

the mediation process could be a futility. In such a situation, the mediator must shift focus

and ask a question to the hardliner as well as get to understand their position and interest. In

other situation, a party may be obliged to feel that their solution could be the best so as not to

lose sight of their real interest. In other situation, feuding parties may not know some of the

best solutions for their case. In such event, a person can understand that his/her interest was a

consideration in the decision-making process and the overall outcome of the mediation

process. As such, just by lacking a proper guide on the interest in the matter, the best

outcome for their position is the fact that the other party has to lose.

It is highly probable that check-ins situation in the negotiation process is likely to end

in futility is both parties do not come to a common standpoint. This makes it one of the most

difficult situation. The mediator thus must know the complexity of the situation and work

towards striking a balance that is relevant to both parties so that all their interests are given

the much-desired consideration. All mediation processes are difficult; finding a solution

through reality checks becomes the ultimate desire for the mediators.
 The Timing of the Mediation skills

Not all mediation process will require the application of all the skills that are at our

disposal. Application of such skills in entirely dependent on the complexity of the situation.

However, reflective skills cut across all the mediation processes. It is notable that all

mediation process must involve a lot of listening to get the position of the feuding party. Such

comprehension is only possible when mediators are able to employ listening skills to both

parties. The principal factor that determines the nature of skills to apply is the nature of the

feud. For instance, all most all relationship feud may not involve summarization, as both

parties deserve a reflective listening to their situation. However, in complex situations such as

property dispute, the mediator is required to make valuable notes that form the terms of

reference if either party chooses to negate from a position. Summary in this aspect aims to

give the mediation process more focus. Check-in situation is rare, and it could be the only

skill that is supplemented by all the other mediation skills discussed in the paper.

Possible use of reflections, summaries, and check-ins outside of mediation

Progressive development and peace can only be fostered through proper

communication skills and channels. Reflective skills are one of the most widely used skills in

communication and conflict resolution processes. Reflective skills help us to view the

situation from the perspective of the speaker. As such, by listening, one tends to assume the

position of the speaker to understand how he/she feels about the situation. It, therefore, helps

in creating confidence between the between people and further works towards the creation of

an interpersonal relationship. Reflective skills are mirrored as one of the skills that help us to

create meaning to some of the views that are held by people. Through such processes we are

not only able to develop the emotional empathy, we are also able to produce rational

judgment to situations
 The summary is one of the most undervalued communication skills. However,

summary gives focus to every aspect of our dealings. It allows us to capture the most

significant moments that may, later on, be used as the referential point. The summary is

proper for the documentation process; it further reminds the parties on the specific stage of

conflict resolution or mediation that the process is to avoid redundancy.

Check-ins skills are more leadership oriented. Through such, we are able to take

control of the situation before the expunge out of hand. For instance, if there are people who

may not agree with certain views, check-ins allow us to help them in finding a neutral

solution to their problems. The compromised situation created by this skill may not be long

term, but it is the best way to find a concert solution to some of the challenges that we face.

Challenges you might face in sustaining a non-directive stance while mediating.

Non-directive mediation skills are widely applied to uses the calmness of the mind

and enhance our concentration in the mediation process (Whatling, 2012). In some cases, thus

nature of mediation is meant to help us view things as they transpire. However, the type of

negotiation has a number of challenges.

Non-directive negotiation comes with the feeling that you should be doing something

else. It is very difficult for some people to sit through a mediation process without asking a

question on initiative a talk because there is always this feeling of having an important input

to add to the process. As such, impatience becomes one of the biggest challenges that comes

with this type of mediation. This is a common challenge that must be overcome by beginners.

During the mediation process, it reaches a point where people develop calmness as

they settle in the process. This comes with lack of the opportunity to take an active role in the

mediation process. At that point, it is highly unlikely that you will be listening to either party

as you mind is in complete shutdown. The only viable option in such a situation is to stop the
mediation process immediately or have a short break to allow the mind time to readjust.

Dismissing mediation session is likely to cause to the miss out on the advantages that come

with consistent mediations.

Conclusion

At any given point, we are in conflict with ourselves or people around us. As such, we

are always in some sort of ceaseless soul-searching processes. The success of any mediation

process depends on its ability to find meaning and purpose to some of the happenings in our

lives. As such, mediators are required to have basic communication skills such as summary,

reflection, and checks that aim to guide the mediation process. The fundamental

communications skills as discussed in the text have specific functionalities that can help

overcome specific needs of the mediation process. However, each of the skill has some

weakness that must be overcome. Weaknesses also lie in other forms of mediation that may

be identified. For instance, non-directive stands in the mediation process may lead to lack of

patience.
 References

Bush, R. A. B., & Folger, J. P. (2004). The promise of mediation: The transformative

approach to conflict. John Wiley & Sons.

Whatling, T. (2012). Mediation skills and strategies: A practical guide. Jessica Kingsley

Publishers.