This document describes a study examining metaphors used by mediators to understand their perspectives and approaches. The study involved two stages: first, a statewide survey of Florida mediators asked them to provide metaphors for key mediation concepts. Analysis found predominantly negative metaphors for conflict but positive ones for mediators and mediation. The second stage involved interviews with 22 mediators. A phenomenological analysis identified six common themes in mediators' approaches: control, cognition/logic, movement/change, balance, communication, and gender. The study suggests metaphors reveal layers of influence on mediators' practices and learning. Four theories emerged to explain these influences: symbolic interactionism, structuration theory, habitus

1. Mediators and Metaphorical Analysis:
The TIMS Model
Association for Conflict Resolution
Annual Conference
October 10, 2013 2:00-3:30pm
Minneapolis, Minnesota
Rebecca Storrow, Ph.D.
Vice President
American Arbitration Association
storrowr@adr.org
954-372-4341

2. TIMS Model of Mediation Influences
Today’s Presentation
1. What research reveals about decisions we make in
mediation.
2. What metaphors reveal to us in mediation
3. Description of the study and TIMS Model
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3. TIMS Model of Mediation Influences
Why we should study language in mediation …
1.
2.
3.
4.
Quality Improvement
Economy
Diversity
Mediation is Complex
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4. TIMS Model of Mediation Influences
● Metaphors structure our perceptions
(Lakoff &
Johnson, 1980)
● Metaphorical analysis provides insight into
thought patterns and understandings (Cameron & Low,
1999; de Guerrero & Villamil, 2002)
● Metaphorical Coherence: supports what we
pay attention to (Lakoff & Johnson, 1980).
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5. TIMS Model of Mediation Influences
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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6. TIMS Model of Mediation Influences
Mediation Styles and Models Literature Review
● Mediation styles have been historically difficult to measure and
conceptualize.
● 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 under
varying case dynamics and issues (Kressel, 2000).
● Kolb (1994) cited a disparity between mediators’ espoused orientations and
actual practice
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7. TIMS Model of Mediation Influences
Why Metaphors? Literature Review
● Mediators use metaphors frequently (Cohen, 2003)
● Mediator strategies grow out of assumptions about
the nature of conflict, conflict resolution, and their own particular
capacities (Silbey and Merry, 1986)
● Many mediators are not clearly aware of how their
metaphorical orientations impact their work (Lang and
Taylor, 2000)
● Metaphorical analysis is an effective tool to
understand the complex nature of mediation (Finneran,
2006)
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8. TIMS Model of Mediation Influences
Harvard Negotiation Study of Negotiation
using Collage
http://people.hbs.edu/mwheeler/
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9. TIMS Model of Mediation Influences
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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10. TIMS Model of Mediation Influences
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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11. TIMS Model of Mediation Influences
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 family
mediators (out of 2,173 family certified in Florida)
• 85 completed questionnaires
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12. TIMS Model of Mediation Influences
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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13. TIMS Model of Mediation Influences
Stage 1 – Statewide Survey Findings
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14. TIMS Model of Mediation Influences
Stage 1 – Frequency of metaphors
●
mediation the most frequently stated metaphor was “opportunity” (8
items)
●
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” (8
items)
●
divorce resulted in “death” (14 items)
●
Neutral
and
Positive
anger resulted in “destructive acts of nature” (18 items) and “fire/flame”
(11 items)
●
forgiveness resulted in “soothing acts of nature” (5 items).
Negative
Positive
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15. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis
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16. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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17. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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18. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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19. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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20. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
20

21. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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22. TIMS Model of Mediation Influences
Stage 1
Metaphorical Content Analysis (continued)
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23. TIMS Model of Mediation Influences
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 with
and empower parties

Mediators often described conflict as a destructive
force such as an “earthquake” or something
unhealthy such as illness or “cancer.”

What is the impact of a lack of focus on the benefits in
conflict?
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24. TIMS Model of Mediation Influences
Discussion Continued
●
Predominance of positive metaphors for
forgiveness, mediators, and mediation
●
More research is needed regarding mediators’ positive
self perceptions as experts and guides.
○
How do mediators rationalize parties who are unable to grasp
their “opportunity”
Anger was described as an “act of nature”, inevitable
and controllable. Conflict however, was described as a
battle or war which would generally be considered a
proactive and manmade event.
●
○
What might this dynamic contribute to expression of strong
emotions in mediation?
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25. TIMS Model of Mediation Influences
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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26. TIMS Model of Mediation Influences
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 United
States
○ 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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27. TIMS Model of Mediation Influences
Stage 2 – Analysis
Clark Moustakas’ (1994) modification of the van Kaam method of analysis of
phenomenological 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 and
Rossman, 1999).
● Considered through the lenses of four interpretive theories
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28. Stage 2 – Interview Findings
Uniqueness of Approach
• Many of the mediators described having a “unique”
approach that came from their distinctive set of experiences
in life.
– Several mediators stated to have spent years to discover a
technique or tool that can is well documented and taught in
courses on mediation, i.e. “Ra ra” method.
• They stated they have not observed other mediators
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29. Stage 2 – Interview Findings
Private Versus Court Staff Mediators
• Private mediators tended to look unfavorably on the skill
level of court staff mediators.
– Court program mediation is like “public transportation …
you get a ride on the bus”, whereas private mediation is
like “Hertz Rent-a-Car ... you get a working vehicle to get
you from here to there.”
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30. TIMS Model of Mediation Influences
30

31. Stage 2 – Interviews
1 – Control
• “I try to keep people here”, “I wouldn’t want to adjourn
because it’s difficult to get them back.”
• Focus on settling came predominantly from private
mediators, whereas it has been institutionalized mediation
that have often been cited by private mediators as using more
settlement focused styles (Alfini, et al., 1994).
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32. Stage 2 – Interviews
2 – Cognition / Logic
“business” metaphor including learning / logic
•
“If you want the warm and fuzzies, you need a different
kind of mediator.”
•
“I don’t do that anymore” and “I’ve learned through
time.”
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33. Stage 2 – Interviews
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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34. Stage 2 – Interviews
4 – Balance
•
“…bring things back to whole”, “Wholeness is up to the
parties…” and “…it just spirals.”
•
Neutrality, dichotomy, circles or cycles, and even
juggling.
•
Juggling – this professed multi-tasker used statements
such as “missed our meeting” and “I missed an e-mail”.
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35. Stage 2 – Interviews
5 – Communication
•
A tool that helps parties communicate effectively.
•
Humor to “…keep it light.”
•
“Active listening” and using “…reframing when
appropriate.”
•
Caucus more important among Communication
oriented mediators.
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36. Stage 2 – Interviews
6 – Gender
•
Benevolent Sexism: protecting the female parties “…wanting to help the wife” and “…going into advocate
position 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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37. TIMS Model of Mediation Influences
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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38. TIMS Model of Mediation Influences
Theories That Emerged Through Analysis
4. Systems Theory: Systems, rules, and statutes create a structure which
influences how we do things in institutionalized programs
3. Structuration Theory: Activities are repeated and reinforced, and then
codified in procedures.
2. Habitus & Field Theory: People who do the same things are drawn to
each other developing fields of relationships (ADR field, legal field,
Conferences, Professional Associations, etc.). People in similar fields
develop similar understandings, i.e. Court Staff and Private Mediators
1. Symbolic Interactionism Theory: Mediators/practitioners are influenced
by each level of the system (Metaphorical Coherence) when making
meanings in mediation, developing style, and learning.
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39. TIMS Model of Mediation Influences
Qualitative Assessment of Institutionalized
Mediation Service Delivery
Four
Intervention
Points
SYSTEM
Activities
Fields
Engagement
Practice/Service
1. Experience
2. Style
3. Learning
4. Delivery
INTERVENTION POINTS for Assessment, Training, Change, etc.
© 2013 Rebecca Storrow
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40. TIMS Model of Mediation Influences
SAFE Assessment
IV
SYSTEM
III
ACTIVITIES
• INTERNAL SYSTEM
• ORGANIZATIONAL TYPE
• ORGANIZATIONAL SIZE
• ORGANIZATIONAL CULTURE –
Mission, Vision, Values
• EXTERNAL SYSTEM
• OUTSIDE STRESSES AND
OPPORTUNITIES FOR SYSTEM
• INTERNAL ACTIVITIES
• INTERNAL PROCESSES, SYSTEMS
• SYSTEMS OF MEASURMENT /
QUALITY ASSURANCE MEASURES
• EXTERNAL ACTIVITIES
• SERVICES PROVIDED
• INTERNAL FIELDS
• RELATIONSHIPS WITHIN THE
ORGANIZATION
II
FIELDS
• EXTERNAL FIELDS
• RELATIONSHIPS TO OTHER
ORGANIZATIONS
• RELATIONSHIPS IN
MARKETPLACE
• INTERNAL ENGAGEMENT
• Symbols, Language, and Meaning
Making of Practitioners or Service
Providers
I
ENGAGEMENT
• EXTERNAL ENGAGEMENT
• Quality Assurance Assessments of
Practice or Service
• External Feedback
© 2013 Rebecca Storrow
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41. TIMS Model of Mediation Influences
Exercise
Using the interviews,
enter metaphors into
the matrix to complete
your assigned
Assessment Tool.
We will then look for
metaphorical
coherence down and
across layers
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42. TIMS Model of Mediation Influences
Discussion and Questions?
Thank you,
Dr. Rebecca Storrow
storrowr@adr.org
954-372-4341
www.adr.org
Mediation.org
ProQuest Link to complete study:
http://gradworks.umi.com/35/10/3510548.html
Articles posted on http://jocm.net/
Metaphors have a way of holding
the most truth in the least space.
Orson Scott Card
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