Synopses & Reviews
The Guide on the Transformative Mediation Process
Praise for The Promise of Mediation
"The Promise of Mediation has been the single most significant influence on the modern ADR movement. This brilliant work serves as a constant reminder that mediation is about more than settling cases. Any serious student of the mediation process would be enlightened by the imaginative approach taken by the authors, and this new edition adds a wealth of new detail and substance about the approach, drawn from a decades experience applying it in many different contexts."
James Alfini, president and dean, South Texas College of Law, Houston, Texas
"Bush and Folger have once again provided the field with a book that inspires and challenges us to reconnect with the reason many of us became involved with mediation in the first place. In the ten years since Bush and Folger wrote The Promise of Mediation, they have gained experience and grown in clarity regarding transformative mediation, and they skillfully share this through the second edition. It is clear that transformative mediation is here to stay and that it will continue to have a profound and enriching impact on the field."
Sharon Press, director, Florida Dispute Resolution Center, and former president, SPIDR
"The Promise of Mediation provides a road map for mediating workplace disputes in corporate America. Rather than pushing parties to settle, transformative mediation provides a process for employees to really work through their differencesso they can move forward with a positive outlook and get back to business productively. I saw firsthand how transformative mediation improved the workplace culture at the United States Postal Service, and I have no doubt that its potential for impact on corporate America is significant. A must-read for human resource professionals, corporate counsel, and all managers committed to improving the workplace through building greater understanding between employees."
Cynthia J. Hallberlin, founder of REDRESS Mediation Program and former ADR Counsel of the United States Postal Service
"I recommend this book as it provokes creative thought, encompasses positive aspirational goals and broadens the perspective of practicing mediators." (IAM Mediation Newsletter; 12/1/2004)
"A revolutionary book!" (B. Stephen Toben, program officer, The Hewlett Foundation)
"No practicing mediator, policy maker, court administrator or ADR program director can continue to perform his or her work without a careful reading of this remarkable book." (Joseph B. Stulberg, professor, Wayne State University, and past vice president, SPIDR)
"Simply excellent, and very much needed! There are virtually no theoretical or philosophical treatments of mediation in the field at this time that are so clearly articulated." (Margaret S. Herrman, professor, University of Georgia, and founder, National Conference on Peacemaking and Conflict Resolution)
"This will be a provocative book within the mediation community and is sure to stimulate considerable debate and discussion. I learned a great deal from it and I now think differently about mediation and about how to describe it to others." (Craig A. McEwen, professor, Bowdoin College, and coauthor, Mediation: Law, Policy, Practice.)
Bring a fresh approach to the bargaining table
Tap the transformative potential of mediation and discover the full promise of the mediation process. In this insightful work, the authors present an alternative theoretical framework that affords a deeper understanding of conflict and mediation -- one based on respect for personal strength and compassion for others. Drawing on their own experience and a wide body of research, they offer mediation practitioners, administrators, policy makers, and researchers a new and useful perspective on how mediation is currently practiced, how it could be structured to accomplish more, and how to refine the process for future application.
The award-winning first edition of The Promise of Mediation, published ten years ago, is a landmark classic that changed the fields understanding of the theory and practice of conflict intervention. That volume first articulated the "transformative model" of mediation, which greatly humanized the vision of how the mediation process could help parties in conflict. In the past decade, the transformative model has proved itself and gained increasing acceptance. It is now being used in such diverse arenas as workplace, community, family, organizational, and public policy conflicts, among others.
In this new edition, the authors draw on a decade of work in theory development, training, practice, research, and assessment to present a thoroughly revised and updated account of the transformative model of mediation and its practical application, including
- a compelling description of how the field has moved toward increasing acceptance of the transformative model
- a new and clearer presentation of the theory and practices of transformative mediation, with many concrete examples
- a new case study that provides a vivid picture of the model in practice, with a commentary full of new information about how to use it effectively
- clarifications of common misconceptions about the model
- a vision for the future that shows how the model can coexist with other approaches and where the "market" for transformative mediation is emerging
This volume is a foundational resource on transformative practice, for both readers of the first edition and new readersincluding mediators, facilitators, lawyers, administrators, human resource professionals, policymakers, and conflict resolution researchers and educators. More generally, this book will strike a chord with anyone interested in humanizing our social institutions and building on a relational vision of society.
Explores the transformative potential of mediation, showing what that potential is, why it is important, and how it can be realized in practice. Presents an alternative theoretical framework for understanding conflict and mediation, based on valuing both personal strength and compassion for others. Offers a highly concrete, case-illustrated introduction to the actual practice of transformative mediation, using a range of examples and two detailed case studies. Drawing on their own experience and on a wide body of research, the authors offer those at all levels in the mediation field—practitioners, administrators, policy makers, and researchers—a new and useful perspective to help take stock of how mediation is currently practiced, assess what it can accomplish, and make choices about how to develop the process in the future. They present a powerful case that realizing the full promise of mediation means giving the transformative approach to mediation a central place in theory, policy, and practice.
A look at the transformative potential of mediation. showing what that potential is, why it is important, and how it can be realized in practice. The authors explain the importance of this technique—and offer a highly concrete, case-illustrated introduction to its practice. In addition, they present an alternative framework for understanding conflict and mediation based on valuing both personal strength and compassion for others.
Includes bibliographical references (p. 285-291) and index.
About the Author
Robert A. Baruch Bush and Joseph P. Folger are the acknowledged originators of the transformative model of mediation and its best-known exponents. They are cofounders of the Institute for the Study of Conflict Transformation.
Bushis the Rains Distinguished Professor of Alternative Dispute Resolution Law at Hofstra University School of Law. He has authored more than two dozen articles and books on mediation and alternative dispute resolution.
Folgeris professor of adult and organizational development at Temple University. He has published extensively on mediation and conflict and is coauthor of the award-winning text Working Through Conflict: Strategies for Relationships, Groups and Organizations.
Table of Contents
Introduction: The Future of Mediation: What's at Stake and Why It Matters.
MEDIATION AT THE CROSSROADS.
1. The Mediation Movement: Four Diverging Views.
2. Losing Sight of the Goal of Transformation: The Focus on Satisfaction and Settlement.
3. Solving Problems: The Limits of Current Mediation Practice.
THE TRANSFORMATIVE APPROACH TO MEDIATION.
4. Changing People, Not Just Situations: A Transformative View of Conflict and Mediation.
5. Rethinking the Process: A Case Example of How Mediation Might Work.
6. Capturing Opportunities for Empowerment and Recognition: A Case Analysis of Transformative Mediation in Practice.
PRACTICING THE TRANSFORMATIVE APPROACH.
7. Identifying Patterns for Practice: The Process of Transformative Mediation.
8. Avoiding Pitfalls in Transformative Mediation: The Connection Between Purpose and Practice.
A LARGER CONTEXT FOR MEDIATION.
9. Underlying Values: Why Transformation Matters.
10. Implementing the Transformation Approach: Inroads and Obstacles.