Deck 7: Transformative Mediation

Question 1

According to Folger and Bush's model of transformative mediation, RECOGNITION refers to

A) Empowering the parties so they have greater control over decisions affecting them.
B) The process of each party hearing and understanding one another.
C) Choosing the best alternative to a negotiated agreement.
D) Developing a more constructive story of the conflict.
E) Only (a) and (b).

Answer 1

B

Question 2

Which of the following is an indicator that a mediation client has been empowered?

A) The client is satisfied with the mediator's decision.
B) The solution to the conflict is a just and fair solution.
C) The other client has less power, because the mediator took away that client's power.
D) The client feels more confident in being able to participate in the decision-making process.
E) Only (a) and (b).

Answer 2

D

Question 3

The ROLE of a TRANSFORMATIVE MEDIATOR is to

A) Support clients in engaging in discussions, listening, and deciding how to deal with their conflict.
B) Evaluate the best solutions for the clients.
C) Direct clients to deal with each other in a fair and polite manner, applying the law and other criteria in an objective manner.
D) Rebalance power between the parties.
E) All of the above.

Answer 3

A

Question 4

TRANSFORMATIVE MEDIATORS view conflict as

A) A problem to be solved.
B) An exchange of resources.
C) A crisis in human interaction.
D) A boat that needs to be put on an even keel.
E) A burning inferno that requires lots of water to douse the fire.

Question 5

The most relevant measure(s) of SUCCESS in transformative mediation are

A) The ability of both parties to listen to one another.
B) The parties' ability to take better control of their destinies.
C) High rates of settlement.
D) Only (a) and (b).
E) Only (b) and (c).

Question 6

TRANSFORMATIVE MEDIATORS tend to be

A) Nondirective.
B) Highly directive.
C) Nonvoluntary.
D) Distrustful.
E) Focused on producing social justice.

Question 7

EMPOWERMENT may be observed in transformative mediation when the parties

A) Take risks without sufficient information.
B) Follow the guidance of the mediator.
C) Ignore the mediator.
D) Use paraphrase and summarization to demonstrate they are listening.
E) Replace their sense of hopelessness with greater optimism.

Question 8

Transformative mediators may EMPOWER clients by helping them

A) Gain awareness of resources in their own possession.
B) Improve their conflict resolution skills.
C) Make thoughtful decisions for themselves.
D) Express their wants and concerns.
E) All of the above.

Question 9

TRANSFORMATIVE MEDIATORS tend to give clients

A) Greater power over the mediation process.
B) No power over the mediation process.
C) Clear directions and guidelines about how the mediation process needs to be conducted.
D) Punishments for refusing to accept or abide by ground rules for the mediation process.
E) Positive reinforcement for resolving issues the way that the mediator wants them to resolve the issues.

Question 10

During mediation, CAUCUSING refers to

A) The use of persuasion skills to promote win-win solutions.
B) Having each party brainstorm a separate list of options for solution.
C) Individual meetings between the mediator and each client.
D) Affirming the dignity and worth of each client.
E) Allowing clients to make their own decisions, regardless of how silly they may be.

Question 11

FACILITATING INSIGHT during mediation refers to

A) Correcting the biases or assumptions of the parties.
B) Rebalancing power between the parties.
C) Empowering clients by providing them with problem-solving skills.
D) Helping clients explore their thoughts or feelings so they may gain new or deeper understandings.
E) Providing the time and space to allow clients to vent their thoughts and feelings, letting go of past indignities or frustrations.

Question 12

Which of the following skills are most appropriate for FACILITATING INSIGHT?

A) Tell clients what they should think.
B) Use listening, questioning, and wondering.
C) Discourage clients from reflecting on the past.
D) Create ground rules that require both parties to be honest with each other.
E) Make up facts and arguments to get clients to become angry with the mediator.

Question 13

Which of the following outcomes fits best with a TRANSFORMATIVE approach to mediation?

A) The mediator extinguishes the conflict.
B) The parties avoid the conflict.
C) The parties grow with the conflict.
D) The mediator explodes the conflict.
E) The mediator becomes the source of the conflict.

Question 14

If the parties have unequal power, a transformative mediator's role is to

A) Empower and rebalance power between the parties.
B) Empower both parties, but not rebalance power.
C) Rebalance power without empowering either party.
D) Neither empower nor rebalance power.
E) Disempower the more powerful party.

Question 15

During transformative mediation, RECOGNITION may arise when

A) Parties gain a better understanding of each other's experiences.
B) Parties apologize for how they may have hurt one another.
C) Parties show concern for one another's situation.
D) Parties try to gain a better understanding of their conflict.
E) All of the above.

Question 16

Describe three ways that a transformative mediator can promote recognition between the parties.

Question 17

What is the difference between empowerment and rebalancing power? How is this distinction important to transformative mediators?

Question 18

What is the relationship between empowerment and transformation? How can facilitation of one affect facilitation of the other?

Question 19

Compare and contrast interest-based mediation with transformative mediation.

Question 20

How is Rogerian humanistic therapy similar to transformative mediation? How is it different?

Question 21

How can a mediator "model recognition"?

Question 22

Identify two strategies that a mediator can use to facilitate recognition of thoughts and perspectives. Provide an example of each strategy.

Question 23

Describe a mediator's role in supporting apologies or forgiveness.

Question 24

What are the potential benefits of using a transformative approach to mediation?

Question 25

What does it mean for a mediator to "orient clients toward constructive conversation"? Provide an example to demonstrate this strategy.

Question 26

What does it mean for a mediator to "get out of the way" of clients? Provide an example to demonstrate this strategy.