La promesa de la mediación: Cómo afrontar el conflicto mediante la revalorización y el reconocimiento

by Robert A. Baruch Bush, Joseph P. Folger

The award-winning first edition of "The Promise of Mediation," published ten years ago, is a landmark classic that changed the field's 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 readers - including 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.

Genres: Business, Nonfiction, Law

420 pages, Paperback

First published January 1, 1994

About the author

Robert A. Baruch Bush is the Harry H. Rains Distinguished Professor of Alternative Dispute Resolution (ADR) Law at Hofstra University School of Law, Hempstead, New York. Together with Joseph Folger of Temple University he is the originator, and best known advocate, of the transformative model of mediation. He has authored over two dozen articles and books on mediation and ADR. In 2006 he received the Annual PeaceBuilder Award by the New York State Dispute Resolution Association to honor individuals and organizations that have promoted the field of ADR.


Bush has practiced mediation in various contexts since starting a community mediation program in San Francisco in 1976, and has developed and conducted many training programs on mediation and ADR, including training for lawyers and judges. He has been at Hofstra Law School since 1980.

Reviews

[Charlotte · Rating 5 out of 5]

While I have been trained in justice based mediation, I have always been intrigued by references to transformation based mediation, so when this book was recommended for a good understanding of transformative mediation at a workshop I attended, I decided to order it. This book describes mediation much more closely to what I had envisioned it when I set out to learn to be a mediator. While justice based is focused on resolving a particular problem in a way that all sides feel comfortable with, the focus on the transformative method is changing the relationship from one of conflict to one of mutual understanding and respect to the point that the parties may not even need the mediator to resolve both present and future differences.

Part of my personal approach to conflict has always been a desire to "keep the peace' and avoid expressions of anger. Probably the most insightful part of this book for me personally was the concept of "staying with the conflict" so that feelings DO get expressed and both parties are empowered through being able to express the depth of their emotion as well as come to recognize where the other party is coming from. The skills of the mediator come out not in controlling the emotional level, but clarifying and reflecting what is happening so both "hear" what they themselves are saying as well as what the other is saying. While my affiliation with the Nebraska Justice Center commits me currently to following the format of Justice based mediation, my well marked copy of this book will definitely affect how I work within that framework!

[Tigran Mamikonian · Rating 4 out of 5]

My first book specifically dedicated to Mediation topic.
This was quite scientific book, full of theoretical discussion, however included very instrumental example of concrete case (dispute).

The authors of the book are evangelists of specific type of mediation - Transformative Mediation.

This practice puts on the first place the communicative transformation, rather that specific conflict resolution.

I liked the idea of this fundamental approach to conflict resolution which aims not to just fix the conflict quickly, but make shift in the level of understanding.

Authors explain quite clearly the fundamental prerequisites of mediation - empowerment and recognition.

Some perfect quotes to illustrate main ideas of the book:
"... In simplest terms, empowerment means the restoration to individuals of a sense of their value and strength and their own capacity to make decisions and handle life's problems. Recognition means the evocation in individuals of acknowledgment, understanding. or empathy for the situation and the views of the other. When both of these processes are held central in the practice of mediation, parties are helped to transform their conflict interaction - from destructive to constructive - and to experience the personal effects of such transformation..."

"it's obvious why this makes sense - Clear, confident, connected people don't hurt themselves or each other..."...

"What indeed is this phenomenon of conflict all about? To put it another way, the kind of help I seek depends on what being involved in conflict means to me - what I find most significant and affecting, positively or negatively, about this experience. If I feel that the most significant aspect of conflict is that it may affect my power over others (or their over me), I want help in consolidating power. If I feel that the most significant aspect is that it may threaten my rights, I want help in vindicating those rights. If I feel that the most significant aspect is that it may result in my needs being unmet, I want help in finding a way to make sure my needs are met.
In essence, this describes what might be called three theories of conflict, there different views of what human conflict is about - all of which are indeed found in the literature of the conflict filed: power theory (Abel, 1982), rights theory (Fiss, 1982) and needs theory (Menkel -Meadow, 1984). Arguably, people's behavior reflects all three theories; that is they see conflict in all three ways, depending on their specific situations. This is probably why they seek help from different kinds of intervenors at different times - sometimes from organizers, sometimes from lawyers, and sometimes form planners. However, from the perspective of the intervenor reflecting on what kind of help the client wants, one theory alone is generally the primary basis of answering that question: lawyers assume clients want help in vindicating rights, organizers assume clients want help in asserting power, and planners assume clients want help in solving problems to meet needs. In effect, these assumptions really represent two levels of theory, the second one being the intervenor's theory about the client's theory of conflict. To put it more precisely intervenor has a theory of client expectations, which is itself based on certain assumptions about the client's own theory of conflict. Ultimately, the intervenor's view of client expectations is what set the intervenor's own views of this or her role in the interventions, obligations to the client, and methodology of practice.
We have associated each of the there theories of conflict with a different kind of intervenor - none of them to mediators..."

So to sum up, this is great book to get deep into understanding of Transformative mediation practice. This practice promises to be very effective and with long-lasting results if practiced correctly, i.e. with gently interventions to reframe, listen and empower parties in dispute.

Highly recommended!

[David Cook · Rating 5 out of 5]

I have been trained as a mediator and participated as an advocate in dozens of mediations. I am also a Federal Court appointed mediator. I have had the opportunity to observe some great mediators and some really bad ones. Now as I have finished this book and think of the great mediators they are the ones that have practiced knowingly or not transformative mediation. As an advocate I can't stand it when a mediator just wants to split the baby to get the deal done. I have seen meditations where something as simple as an apology broke the log jam and brought the parties to settlement. This book should be mandatory reading for every court appointed mediator in the country.

[Gordon Mckinlay · Rating 3 out of 5]

I read this book as part of my MSc studies on conflict resolution. Although this is a fairly easy book to read I found that it made a number of assumptions and assertions that weren't as strongly backed up as I would have hoped.

[Erin · Rating 5 out of 5]

This book is the basis for my entire PhD. It covers the cycle of conflict as understood through a variety of conflict 'stories', and then goes into depth with conflict as explained through a relational ideology (as one of weakness and self-absorption). Dr. Folger was also one of my main college professors during my undergrad years.

[Kim · Rating 3 out of 5]

I think that they did a good job as far as explaining the theory behind the transformative approach to mediation and the issues that were around before the approach was created. All in all it was a good book, just hard to get into although it reads fast. I liked the use of examples to demonstrate the transformative approach in action.

[Lisa · Rating 5 out of 5]

Truly a masterpiece in conflict resolution theory and practice.