Introduction
Mediation is a way of alternative dispute resolution that helps parties settle a conflict without resorting to litigation. Mediation is intended to provide people with quick access to justice and increase their satisfaction with the process and outcome (Lester, 2020). While litigation also gives fast and effective results, it does not consider interpersonal relationships involved in the conflict, and this is where mediation differs from legal action. In this paper, I will discuss the use of transformative mediation for conflict resolution and its application to my professional and academic goals. My career aspirations are to become a director of a shelter or a hospital dealing with people with disabilities. In alignment with these professional goals, my academic aims are to obtain a Bachelor’s degree on which I am currently working and continue my education in the field of management. In the work setting that I have selected for my future career, I may have to deal with conflicts among various individuals: hospital patients and physicians, landlords and disabled tenants, managers, and employees. Transformative mediation can help me manage these conflicts by focusing on preserving relationships between the parties.
Basic Principles of Transformative Mediation
Transformative mediation is based on empowerment and the restoration of interaction between conflicting parties. Its underlying assumption is that conflicts are not inherently negative but stem from interaction breakdowns (Lester, 2020). Therefore, it can be resolved by helping parties understand the causes of the conflict and decide how to proceed in the future. Consequently, the role of a transformative mediator is to support parties in shifting toward the recognition of the causes of their conflict and empower them to take action toward change (Lester, 2020). Perhaps, the main distinction between transformative mediation from other types of mediation is that mediators do not actively resolve a conflict. Instead, they cede control to the parties, allow them to express their emotions and needs, and assist them in making shifts in understanding the conflict.
Transformative mediation applies to many contexts, especially those in which parties’ relationships are involved in the conflict. For example, it can be applied to conflicts between the employer and the employee, the landlord and the tenant, as well as various workplace and domestic disputes. The reason for using this approach is that settling a conflict can be a temporary measure if the underlying cause of the dispute is not resolved (Lester, 2020). In addition, people do not like to be victimizers or victims (Lester, 2020). Therefore, empowerment and recognition of both parties allow them to avoid being in those roles.
Transformative Mediation for Resolving Patient-Provider Conflicts
If I work as a director of a hospital working with people with disabilities, I will probably face conflicts between patients and healthcare workers. As a result, I may have to act as a transformative mediator to help the parties understand the reasons for their dispute and find solutions that would satisfy them both. Conflicts of this kind can stem from various reasons; for example, patients can disagree with the treatment prescribed to them, or a physician can make a medical error or breach his or her duty of care. Patients and their families often resort to litigation to resolve such disputes, but evidence shows that such legal cases do not lead to patient safety improvement, and over 60% of medical malpractice cases in the US are dismissed (Amirthalingam, 2017). Consequently, alternative dispute resolution can be a preferred option in this setting because it is more likely to bring positive outcomes to both parties.
If I were to face a physician-patient conflict in my future career, I would serve as a mediator by letting the parties express their views on the dispute and reconcile. In practice, physicians often avoid attending mediation sessions because of a busy schedule or unwillingness to meet the patient (Amirthalingam, 2017). However, encouraging them to involve in a mediated conversation with patients may help avoid litigation and develop solutions that will satisfy both parties.
Transformative Mediation for Landlord-Tenant Conflict Resolution
Transformative mediation is a suitable approach for resolving landlord-tenant conflicts. I may face such disputes if I choose to work in a shelter for disabled individuals. People with disabilities often encounter housing issues because landlords are unwilling to accept them as tenants. However, federal law especially protects disabled individuals from housing discrimination based on disability, and landlords are not allowed to make inquiries about the person’s disability status (Curtatone, 2018). Therefore, disabled people may turn to litigation when this legal protection is violated.
In such cases, I would act as a transformative mediator to encourage parties to resolve a dispute peacefully. I believe that landlord-tenant conflicts related to disability stem from landlords’ unawareness of the experiences of disabled people. If given a chance to express their concerns, emotions, and viewpoints, the parties to the dispute can understand the cause of their conflict and reach an agreement that would satisfy them both.
Transformative Mediation for Workplace Conflict Resolution
People sometimes engage in conflicts with their colleagues and managers in any workplace. Transformative mediation is suitable for resolving interpersonal workplace conflicts because it focuses on the interdependence between relationships and parties (von Feigenblatt, 2021). When dealing with such conflicts, a mediator should let parties express themselves fully and then encourage them to reflect on what they shared. Summarizing, translating, and keeping silence to allow individuals to reflect are also significant techniques of transformative mediation (Lester, 2020). It is important to note that transformative mediation does not aim to settle any cost. Even if there is no settlement, transformative mediation leads to positive outcomes such as a better understanding of the conflict and the parties’ needs and views.
Implications for Academic Goals
Transformative mediation is an effective way of resolving disputes by fostering engagement in a constructive conflict. Managing conflicts is an important leadership skill that is expected of people of different professions, especially those applying to leadership positions. According to von Feigenblatt (2021), training managers in mediation is essential for achieving empowerment and social justice. Therefore, mastering transformative mediation can help me improve the outcomes of my education and become a more qualified and employable professional in the future.
Conclusion
To sum up, transformative mediation helps parties understand the causes of the conflict and recognize the other party’s viewpoint. At the same time, the mediator only assists and encourages the parties without directing their conversation and offering a ready-made solution. Although transformative mediation may not lead to dispute settlement, it brings positive outcomes that are more solid than an artificial settlement. This method of conflict resolution applies to my academic and professional goals since it can help me act as a mediator in potential conflicts that I can encounter in my desired career.
References
Amirthalingam, K. (2017). Medical dispute resolution, patient safety and the doctor-patient relationship. Singapore Medical Journal, 58(12), 681-684. Web.
Curtatone, J. A. (2018). The tenant’s helper: A handbook for renters (7th ed.). Office of Strategic Planning & Community Development. Web.
Lester, B. J. (2020). Beyond the dispute at hand: Using transformative mediation techniques to better understand and resolve conflict. The Supreme Court of Ohio. Web.
von Feigenblatt, O. F. (2021). Mediation for management: Dealing with conflict in the workplace. Revista Innovaciones de Negocios, 18(35), 113-119.