Integrative Forms of Mediation

TRANSFORMATIVE MEDIATION (TM)
Fast Facts:
– Addresses conflicts on a meaningful level
– Supports both parties in their own efforts to improve further interaction
– Main advantage is that it increases skills of both sides to make better decisions for
themselves.
INTEGRATIVE MEDIATION (IM)
Fast Facts:
– Co-mediation process in which a lawyer-mediator and a mental health professional
(MHP)-mediator jointly attend to the legal and emotional needs of the parties in helping
them to reach a mutually satisfactory resolution
– Holistic approach detangles emotional and psychological issues from the legal and
financial aspects
– Parties often report feeling more positive about each other, able to communicate better,
better able to handle their conflicts going forward

UNDERSTANDING MODEL
Fast Facts:
– The Understanding Model is an understanding-based approach to conflict resolution
where the parties are focused on understanding the other
– The main idea behind this is that if the parties have a clear understanding of each other,
then they will be able to find a resolution more easily that lasts much longer
– It is less control from the mediator and more for the parties to direct while the mediator
supports and guides

The three Integrative forms of mediation, Transformative, Integrative, and the
Understanding Model, are all unique and creative in the ways they perceive and go about
handling mediation. Each method revolves around the idea that the power to make a long-term
sustainable resolution lies within the party’s own understanding and knowledge of each other.
Integrative Mediation is a co-mediation process in which a lawyer-mediator and a mental health
professional (MHP)-mediator jointly attend to the legal and emotional needs of the parties in
helping them to reach a mutually satisfactory resolution to their dispute. This tactic has the
advantage of addressing both the legal and emotional areas, so the parties are more able to make
a fully informed decision. When parties feel their emotional dimensions are addressed, they tend
to “buy-in” more which results in a more comprehensive and durable agreement. Party’s often
report feeling more positive about each other which leads to better communication and a better
ability to handle their conflicts going forward. This method has been shown to be longer-lasting
and less expensive than traditional ways of mediating.
Transformative Mediation is an approach to conflict intervention that does not seek an
immediate resolution to the problem. It avoids mediator directiveness and instead focuses on the
emotions of the parties which create different viewpoints between them. The Bush and Folger
Model outlines the mediator’s goal as to instill mutual recognition and empowerment between
the conflicting parties. This recognition and empowerment has the ability to mend the
relationship between the parties to solve the dispute at the start. The biggest advantage of this
form of mediation is that it increases the skills of both sides to make better decisions for
themselves in their future interactions. There is a greater opportunity for a deep and durable
agreement. The agreements that arise from this method are more likely to last longer because the
relationship mending will prevent future disputes from arising that could dissolve the past
progress.
The Understanding Model is an understanding-based approach to conflict resolution where the
parties are focused on understanding each other. Like Transformative Mediation and Integrative
Mediation, the goal is to get to the root of the problem through emotional and theological
understanding. Once the parties have a clear understanding of each other’s emotions, opinions,
perspectives, and goals, they will be able to find a resolution that will last much longer. This
method has less control from the mediator like Transformative Mediation, because it is about
supporting those to understand each other at a higher level. To do this, there is a 4-step process.
Step 1 is to understand what the person is saying. Step 2 is to communicate what you understood.
Step 3 is to observe their reaction and check to make sure you got it right. Step 4 is to correct
your understanding and check again. This process is done in a circular form, repeating the
process until the desired level of understanding is reached.
Each of these forms have one thing in common: to find a resolution that is nonconfrontational and focused on the betterment of the relationship between the parties. Once this
is achieved, the parties are more likely to solve future disputes effectively on their own leading
to less strain on the legal system, and a longer lasting, amicable relationship.

This page was researched and designed by Caroline Raynis, MBA, J.D.

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