Applying Family Systems Theory to Mediation: A Practitioner's Guide

183 Pages·2011·3.079 MB·English

by  Wayne F. Regina

Applying Family Systems
Theory to Mediation
A Practitioner’s Guide
Wayne F. Regina
UNIVERSITY PRESS OF AMERICA,® INC.
Lanham · Boulder · New York · Toronto · Plymouth, UK
http://avaxhome.ws/blogs/ChrisRedfield
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Copyright © 2011 by
University Press of America,® Inc.
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ISBN: 978-0-7618-5574-3 (paperback : alk. paper)
eISBN: 978-0-7618-5575-0
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To my children,
Carly Bicknese Regina and Sage Bicknese Regina,
who teach me about love and laughter everyday,
and to my wife,
Janet Bicknese,
who, over the decades, has taught me more about love, life,
and work than I could have ever imagined.
In loving memory of my parents,
Antoinette Rita Regina and Eugene Regina,
who always believed that I could accomplish whatever
I set my mind to achieve.
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There is nothing so practical as a good theory.
Ed Friedman
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Contents
Illustrations vii
Preface ix
Acknowledgments xiii
Part I Bowen Family Systems Theory
1 Why Bowen Family Systems Theory? 3
2 Understanding Bowen Family Systems Theory 7
A Brief History of Bowen Theory 8
Bowen Theory Concepts Relevant to Mediation 9
Part II Mediation Process and Technique Using Bowen Theory
3 Applying Bowen Theory to the Six-Stage Model of Mediation 25
Underlying Assumptions and Understandings 25
The Six-Stages of Mediation and Bowen Theory 27
4 Common Errors and How Bowen Theory Can Minimize Them 41
Failure to Articulate & Follow the Stages: What Is It We
Really Mean When We Say, “Trust the Process”? 41
Neutrality, Objectivity, Impartiality, and Balance 43
Failure to Read Aloud the Consent Document 45
Over-Functioning and Under-functioning as Symptoms of
Emotional Reactivity 46
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vi Contents
5 Emotional Maturity and the Mediator 48
The Executive Subsystem 49
The Mediator’s Level of Differentiation 51
Co-Mediation and Executive System Functioning 54
6 Emotional Triangles, Triangulation, and De-Triangulation
in Mediation 61
The Solo Mediator and Two Disputants: The Uncomplicated,
Central Triangle in Mediation 62
Co-Mediators and Two Disputants 68
Co-Mediators, Two Disputants, and Attorneys 71
Stakeholder Representatives and Triangulation 77
7 Empowering Disputants and Managing Conflict 83
Empowering Disputants 84
Caucusing from a Bowen Theory Perspective 90
Shuttle Mediation 92
Brainstorming 95
8 Diversity Issues and Bowen Theory in Mediation 99
Mediation and Culture, Race, Gender, Class, Ethnicity,
Religion, and Other Distinctions 102
9 Domestic Mediations, Emotional Maturity, and
Reciprocal Relationships 107
Three Types of Domestic Mediations 109
10 Bowen Theory and Marital Conciliation 121
Applying Bowen Family Systems Theory to
Marital Conciliation 122
The Six-Stage Marital Conciliation Process Using
Bowen Theory 124
Three Case Examples 128
Part III A New Model of Mediation Training
11 Training and Supervising Mediators Using Bowen Theory 139
Foundations of Training 140
College Training and Supervision 142
Supervising and Training Experienced Mediators 147
12 Concluding Thoughts 150
References 153
Index 157
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Illustrations
2.1. Lee, Jayla, & Alicia Central Triangle 17
2.2. Alicia, Jayla, & Lee Triangle 17
2.3. Interlocking Triangle 18
6.1. Central, Uncomplicated Triangle 65
6.2. Development of a Mediation Triangle 66
6.3. Central, Complicated Triangle 67
6.4. Interlocking Triangle 67
6.5. Four Potential Triangles with Four People 68
6.6. Mediator Richard’s Triangulation into the Dispute 69
6.7. Mediator Cindy’s Triangulation into the Dispute 69
6.8. Mediators Triangulated with Each Other and One Disputant 70
6.9. Mediators Triangulated with Each Other and
Second Disputant 70
6.10. Mediation Triangle with Two Mediators 71
6.11. Potential for Triangulation with One Attorney,
Two Disputants, and Mediator 74
6.12. Mediation Triangle with Two Disputants and One Attorney 74
6.13. Triangulation between Attorneys 76
6.14. Triangulation with Stakeholder Group, Their Representative,
and “the Other Side” 78
6.15. Triangulation between Stakeholder Factions and
Stakeholder Representative 79
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Preface
My professional journey in writing this book began in 1987, when I served
as the program chair for United States International University’s graduate
programs in psychology and marriage and family therapy. We were fortunate
to have a university president, Dr. William Rust, who supported efforts to
bring in master practitioners to supplement the excellent work of our resident
faculty. At one memorable program meeting, we brainstormed which master
marriage and family therapy practitioners we were excited about bringing
to campus for two-week residencies. Jim Framo, a renowned and prominent
founder of the marriage and family therapy movement, was a distinguished
professor in our program and a personal friend of both Murray Bowen, a pio-
neer in family systems theory and therapy, and one of his most well-known
adherents, Edwin Friedman. Dr. Friedman’s reputation as a clinician, congre-
gational consultant, and organizational systems specialist had recently been
significantly advanced by his electrifying book, Generation to Generation,
which was published in 1985, and he was in great demand on the workshop
and seminar circuit. Fortunately, with President Rust’s financial commitment
and our personal contact with Dr. Framo, we were able to secure Dr. Fried-
man for a two-week residency, which we opened to our graduate students,
clinicians and clergy in the San Diego community, and faculty members at
the university.
Ed’s residency was nothing short of transforming for the faculty, the stu-
dents, and the community. He was one of the first professionals to understand
and appreciate the paradigm-changing enormity that Bowen family systems
theory, also known as simply Bowen theory, had to offer. Ed had trained for
years under Murray Bowen, and he applied what he learned about Bowen
family systems theory to his work as a practicing rabbi and as a marriage and
family therapist. His enthusiasm and towering intellect led him to expand
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