THE MAKING OF A MEDIATOR:
ARTISTRY, REFLECTION, AND INTERACTIVE PROCESS

By Michael Lang and Alison Taylor

 

The field of conflict resolution, and in particular the mediation of community, family, commercial, public policy and environmental conflicts, has developed rapidly over the last ten years. There has been an explosion of titles recently reflecting information about the general process, (Slaikeu, 1996; Moore, (1985) 1996), about specific models in particular contexts (Irving & Benjamin, 1995), Rothman (1997, Dukes (1997), Saposnek (198?), Marcus, et al (1996)), and about the basic underpinnings and the general field (Kolb, 1994; Bunker & Rubin, 1995). One notable work, The Promise of Mediation (Bush & Folger, 1994) has offered a new way of looking at the work we do, and has challenged mediators to examine the premises that underpin their work. (become a changing force in the way we see ourselves.) Journals such as Mediation Quarterly, Conciliation Courts Review, The Journal of Dispute Resolution, and Negotiation Journal contain numerous provocative and valuable articles.

Moreover, these books and articles build on the foundational works of theorists such as Morton Deutsch, Lewis Coser, Louis Kriesberg, Mary Parker Follett and others. There is a rich source of writings that describe the underlying theoretical frameworks for mediation, explain the research studies that have examined practices and theories, and that provide tools, techniques, and strategies for intervening as a mediator in a variety of settings dealing with many types of disputes.

As important as these books and articles have been in developing an understanding of and skills for the practice of mediation, none deals with the process of educating mediators, that developmental experience of moving from novice to mastery. Furthermore, the recently published books have limited usefulness and applicability to trainers, and to those who have been in practice for a while.

New trainees and new mediators learn a variety of essential skills as well as relevant knowledge of mediation process in training programs and courses. However, neither the educational programs nor the writings provide guidance to mediators in learning to refine, test, and advance their skills and knowledge. Mediators need to understand and go beyond the models in which they were trained. Those who have been practicing for a while need to refresh themselves, incorporate new research and understandings in the field, and evolve beyond their existing, comfortable patterns. Books can and should make us stretch as professionals, and help support our personal and professional development.

As teachers of those who are new to the field as well as those experienced practitioners who are searching for ways to identify and integrate the lessons from years of practice, we have seen the need for a new process that integrates knowledge and skills in a way that builds competence and efficacy. The challenge we face as educators who are teaching and training interns, professional mediators who are returning to graduate level courses, and new recruits to the field, is how to help practitioners become aware of the theoretical foundations of their practices as well as to integrate those principles into their practices.

For the past four years, we have been developing and testing methods for teaching conflict management skills that incorporate theory and teach the concepts and skills of reflective practice: the understanding of relevant theory, the ability to incorporate theory into practice, and the development of the skill of self-reflection.

Alison, as Training Coordinator of a long standing Internship Program for court-connected domestic relations mediation services, as well as an instructor in several universities, has provided not only training but also intensive direct supervision of mediators in various stages of learning. Through this process she has learned how core beliefs, theories and information can affect the interaction of the mediation process, and how critical it is to deconstruct interaction in order to understand how to improve quality of services.

Michael, as the founding director of the Master of Arts Program in Conflict Resolution at Antioch University, and as Special Advisor to a new graduate program in conflict management at Royal Roads University in Victoria, BC, developed and implemented a curricula that were founded upon the principles and techniques of reflective practice. He has implemented a videotape review process for students, who came from diverse backgrounds, as a way of showing each person their unique learning areas for growth. Both Michael and Alison worked together at Antioch to review with students their videotape experience in ways that were less evaluative and more evocative and elicitive. Both realized that this process would be helpful not only to students, but to active practitioners, who seldom have the benefit of direct supervision after their initial training.

Alison and Michael have observed that mediators seldom engage in an active and deliberate process of learning from their practice experiences. Mediators are not generally taught and seldom practice the discipline of self-assessment, to analyze their interactions and interventions in order to learn from these experiences. And, in their practices, mediators often utilize the same techniques and intervention strategies from one setting to the next and from one type of dispute to another, without evaluating the particular situation to determine whether the approach is warranted. The lack of self-reflective discipline can be traced to the way in which mediators are taught; they are carefully schooled in the application of various skills, building a fine repertoire of techniques, filling their toolboxes with new and potentially valuable tools. Yet, mediator training programs generally omit or give little weight to the underlying theories that form the foundation for practice.

The process described and illustrated in our book will guide mediators in developing the habits of a reflective practitioner: * grounding interventions in theory-knowing why each technique and approach is utilized; * using working hypotheses to guide the interventions; * "experimenting" to evaluate the validity and relevance of a hypothesis; * engaging in an ongoing self-assessment to learn from each mediation experience.

Reflective practice is developed through a deliberate and thoughtful process in which the mediator learns from their experience, using self-reflective tools, effective coaching, video tape analysis, and supervision. The way in which professionals often find the need and ability to engage in this process is when they analyze their interactions, either alone after a session, or in supervision or peer review processes with others. The use of videotape can have the effect of stopping the interaction long enough to go into this process. Both Michael and Alison have separately and collaboratively developed both a videotape review process and a self-reflection process, and both offer this as part of the teaching and training they do in separate sites.

Without understanding the underlying theoretical principles of practice, conflict managers and mediators apply techniques and interventions without full consideration of the reasons behind such approaches. They operate without understanding the likely consequences of their interventions; without the ability to evaluate the success or failure of those interventions, and without the tools and resources to learn from each experience. Theory provides both a foundation for these interventions and a way to understand the nature of the conflict management process; it gives the practitioner a foundation upon which to base an assessment of a conflict situation and to design an appropriate intervention.

It is now time to share these understandings with those who are in private practice, who cannot attend classes or workshops or go to graduate level programs, or those who have been intrigued by exposure to this concept at recent conferences. The best vehicle for dissemination of an important concept is still a good book. The book are writing will be unique, in that it will focus primarily on the process of mediation; it will be universal enough in its approach to be useful not only to family mediators, but also those in community, commercial and public policy mediation settings. Because it is about the essentials of why we do what we do, rather than how, it will speak to the comprehensive group of conflict resolvers. We hope that our ideas will also have appeal to and value for university-sponsored programs, because it will appeal to the Continuing Education market as well as those getting initial qualifications. As more states and provinces develop standards for mediators, and professional organizations develop a variety of voluntary certification processes, the quest for markers of competency will require that we deal more with an understanding of what constitutes competency and how mediators achieve efficacy and excellence.

Our stated aim is to influence practitioners to use principles and practices described in the book to become the best they can be, and to develop their self-awareness of areas for growth and development. We hope to change the way mediators think about themselves and the nature of their practices. By bringing a new paradigm and enough practical support that readers will be able to implement the practices recommended in our book.

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