Mediators and Metaphorical Analysis: The TIMS Model

Mediators and Metaphorical Analysis:

The TIMS Model

Rebecca Storrow, Ph.D.

Vice President

American Arbitration Association

[email protected]

954-372-4341

Association for Conflict Resolution

Annual Conference

October 10, 2013 2:00-3:30pm

Minneapolis, Minnesota

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TIMS Model of Mediation Influences

Today’s Presentation

1. What research reveals about decisions we make inmediation.

2. What metaphors reveal to us in mediation

3. Description of the study and TIMS Model

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Why we should study language in mediation …

1. Quality Improvement2. Economy3. Diversity4. Mediation is Complex

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● Metaphors structure our perceptions (Lakoff &

Johnson, 1980)

● Metaphorical analysis provides insight intothought patterns and understandings (Cameron & Low,

1999; de Guerrero & Villamil, 2002)

● Metaphorical Coherence: supports what wepay attention to (Lakoff & Johnson, 1980).

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Current assessment measures - quantitative statistics,settlement rates, and credentials - do not reveal:

1. Who we are (Essential Nature)

2. How we practice○ stage-based approach, contingency approach, or purists?

3. How we learn (perceive, predict, and interpret)

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Mediation Styles and Models Literature Review

● Mediation styles have been historically difficult to measure andconceptualize.

● Two dimensions - neutrality and normative style (Greenhouse, 1985).

● Gulliver’s (1979) continuum from passive to leader.

● A staged approach cited most frequently. (Black & Joffee, 1985, Coogle, 1985,Kessler, 1985).

● Mediators are usually consistent in their style from case to case, even undervarying case dynamics and issues (Kressel, 2000).

● Kolb (1994) cited a disparity between mediators’ espoused orientations andactual practice

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Why Metaphors? Literature Review

● Mediators use metaphors frequently (Cohen, 2003)

● Mediator strategies grow out of assumptions aboutthe nature of conflict, conflict resolution, and their own particularcapacities (Silbey and Merry, 1986)

● Many mediators are not clearly aware of how theirmetaphorical orientations impact their work (Lang and

Taylor, 2000)

● Metaphorical analysis is an effective tool tounderstand the complex nature of mediation (Finneran,

2006)

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Harvard Negotiation Study of Negotiation

using Collage

http://people.hbs.edu/mwheeler/

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Research Questions Studied Mediators’:

1.Essential nature

2.Description of practice

3.Perceptions of parties and application

4.System(s)

5.Ethical dilemmas

6.Mediator learning

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Stage 1 Questionnaires● Qualitative content analysis so metaphors

and patterns could emerge freely(Denzin & Lincoln, 2003; Groenwald, 2004; Guba & Lincoln, 1994; Holloway,

1997; Kvale & Brinkman, 2009).

● Openness to information (Sandelowski, 1995a, Huberman,

2002).

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Stage 1 – Site Selection

● Familiarity with Florida

● Florida Supreme Court certification

● Diversity

(Florida Courts Website, 2011; US Census Bureau website, 2011).

Stage 1 - Participant Selection

• Florida Dispute Resolution Center online mediator search function

• Random selection of 600 Florida Supreme Court certified familymediators (out of 2,173 family certified in Florida)

• 85 completed questionnaires

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Stage 1 - Questionnaire

1.Family mediation is like (a/an)__________

2.A mediator is like (a/an) ______________

3.Conflict is like (a/an) _________________

4.People in conflict are like (a/an) ________

5.Divorce is like (a/an) _________________

6.Anger is like (a/an) __________________

7.Forgiveness is like (a/an) _____________

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Stage 1 – Statewide Survey Findings

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Stage 1 – Frequency of metaphors

● mediation the most frequently stated metaphor was “opportunity” (8items)

● mediator resulted in “referee” (10 items)

● conflict resulted in both “battle/war” (10 items) and “animals” (10 items)

● people in conflict resulted in “child(ren)/kids” (14 items) and “animals” (8items)

● divorce resulted in “death” (14 items)

● anger resulted in “destructive acts of nature” (18 items) and “fire/flame”(11 items)

● forgiveness resulted in “soothing acts of nature” (5 items).

Neutraland

Positive

Negative

Positive

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Stage 1Metaphorical Content Analysis

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Stage 1Metaphorical Content Analysis (continued)

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Discussion

Predominantly negative metaphors for conflict,people in conflict, anger, and divorce

Mediators often described parties as “lost”,“fighting children”, “pack of dogs”, or “wild animals”;this may effect how these mediators empathize withand empower parties

Mediators often described conflict as a destructiveforce such as an “earthquake” or somethingunhealthy such as illness or “cancer.”

What is the impact of a lack of focus on the benefits inconflict?

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Discussion Continued

● Predominance of positive metaphors forforgiveness, mediators, and mediation

● More research is needed regarding mediators’ positiveself perceptions as experts and guides.

○ How do mediators rationalize parties who are unable to grasptheir “opportunity”

● Anger was described as an “act of nature”, inevitableand controllable. Conflict however, was described as abattle or war which would generally be considered aproactive and manmade event.

○ What might this dynamic contribute to expression of strongemotions in mediation?

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Stage 2 Rationale for Phenomenological Approach

● Phenomenology examined mediators’ internal meanings made from lived experience (van Manen, 1990)

● Mediators were able to tell their stories (Denzin &Lincoln, 2003)

● It provided a complex picture of mediators

Court mediators’ common complaint of not being understood (Heliker,1997)

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Stage 2 - Participant Selection

● Process○ Half hour guided interviews

with 22 participants

● Demographics○ 13 female ○ 9 male○ 20 Caucasians○ 2 Hispanics born and raised

outside of the UnitedStates

○ 14 mediators married

○ 3 divorced○ 1 single○ 4 unknown marital status. ○ Ages 33 to 80 ○ 50% currently or previously

court staff mediators○ 50%private mediators.

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Stage 2 – AnalysisClark Moustakas’ (1994) modification of the van Kaam method of analysis ofphenomenological data

● Double Coding with two independent researchers

● Horizonalized the data – gave equal weight

● Considered the full scope of relationships and experiences

● Reduced to core themes and root metaphors

● Developed a composite description and global analysis (Marshall andRossman, 1999).

● Considered through the lenses of four interpretive theories

Stage 2 – Interview Findings

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Uniqueness of Approach

• Many of the mediators described having a “unique”approach that came from their distinctive set of experiencesin life.

– Several mediators stated to have spent years to discover atechnique or tool that can is well documented and taught incourses on mediation, i.e. “Ra ra” method.

• They stated they have not observed other mediators

Stage 2 – Interview Findings

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Private Versus Court Staff Mediators

• Private mediators tended to look unfavorably on the skilllevel of court staff mediators.

– Court program mediation is like “public transportation …you get a ride on the bus”, whereas private mediation islike “Hertz Rent-a-Car ... you get a working vehicle to getyou from here to there.”


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Stage 2 – Interviews

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1 – Control

• “I try to keep people here”, “I wouldn’t want to adjournbecause it’s difficult to get them back.”

• Focus on settling came predominantly from privatemediators, whereas it has been institutionalized mediationthat have often been cited by private mediators as using moresettlement focused styles (Alfini, et al., 1994).


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2 – Cognition / Logic“business” metaphor including learning / logic

• “If you want the warm and fuzzies, you need a differentkind of mediator.”

• “I don’t do that anymore” and “I’ve learned throughtime.”


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3 – Movement / Change“journey” metaphor

• “Cut and run” “buck up and move forward”

• Two people in a boat on the water who must “row together,work together to get to shore.”

• Mediator was usually a guide or facilitator for movement/change.

• Longer interviews


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4 – Balance

• “…bring things back to whole”, “Wholeness is up to theparties…” and “…it just spirals.”

• Neutrality, dichotomy, circles or cycles, and evenjuggling.

• Juggling – this professed multi-tasker used statementssuch as “missed our meeting” and “I missed an e-mail”.


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5 – Communication

• A tool that helps parties communicate effectively.

• Humor to “…keep it light.”

• “Active listening” and using “…reframing whenappropriate.”

• Caucus more important among Communicationoriented mediators.


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6 – Gender

• Benevolent Sexism: protecting the female parties -“…wanting to help the wife” and “…going into advocateposition for the wife.”- Stereotypes - “Nowadays women are resentful if they

have to support their husbands for a while.”

• “…the issue of power balancing”

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Contributions

○ A complex understanding

○ Training might emphasize(1) positive benefits of conflict,(2) experiential learning like observation,(3) mutual learning opportunities, and(4) effects of language/metaphors(5) Qualitative research as a complement to quantitative

statistics(6) Identification of layers of metaphorical

influence supported the emergence of four theories

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Theories That Emerged Through Analysis

4. Systems Theory: Systems, rules, and statutes create a structure whichinfluences how we do things in institutionalized programs

3. Structuration Theory: Activities are repeated and reinforced, and thencodified in procedures.

2. Habitus & Field Theory: People who do the same things are drawn toeach other developing fields of relationships (ADR field, legal field,Conferences, Professional Associations, etc.). People in similar fieldsdevelop similar understandings, i.e. Court Staff and Private Mediators

1. Symbolic Interactionism Theory: Mediators/practitioners are influencedby each level of the system (Metaphorical Coherence) when makingmeanings in mediation, developing style, and learning.

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SYSTEM

Activities

Fields

Engagement

INTERVENTION POINTS for Assessment, Training, Change, etc.

FourIntervention

Points

Practice/Service1. Experience2. Style3. Learning4. Delivery

Qualitative Assessment of InstitutionalizedMediation Service Delivery

© 2013 Rebecca Storrow

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SAFE Assessment

SYSTEM

• INTERNAL SYSTEM

• ORGANIZATIONAL TYPE

• ORGANIZATIONAL SIZE

• ORGANIZATIONAL CULTURE –Mission, Vision, Values

• EXTERNAL SYSTEM

• OUTSIDE STRESSES ANDOPPORTUNITIES FOR SYSTEM

ACTIVITIES

• INTERNAL ACTIVITIES

• INTERNAL PROCESSES, SYSTEMS

• SYSTEMS OF MEASURMENT /QUALITY ASSURANCE MEASURES

• EXTERNAL ACTIVITIES

• SERVICES PROVIDED

FIELDS

• INTERNAL FIELDS

• RELATIONSHIPS WITHIN THEORGANIZATION

• EXTERNAL FIELDS

• RELATIONSHIPS TO OTHERORGANIZATIONS

• RELATIONSHIPS INMARKETPLACE

ENGAGEMENT

• INTERNAL ENGAGEMENT

• Symbols, Language, and MeaningMaking of Practitioners or ServiceProviders

• EXTERNAL ENGAGEMENT

• Quality Assurance Assessments ofPractice or Service

• External Feedback

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III

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I

© 2013 Rebecca Storrow

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Exercise

Using the interviews,enter metaphors intothe matrix to completeyour assignedAssessment Tool.

We will then look formetaphoricalcoherence down andacross layers

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Discussion and Questions?

ProQuest Link to complete study:

http://gradworks.umi.com/35/10/3510548.htmlThank you,

Dr. Rebecca Storrow Articles posted on http://jocm.net/

[email protected]

954-372-4341

www.adr.org

Mediation.org

Metaphors have a way of holdingthe most truth in the least space.

Orson Scott Card

http://gradworks.umi.com/35/10/3510548.html

http://jocm.net/

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mailto:[email protected]

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Mediators and Metaphorical Analysis: The TIMS Model

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