Court-connected mediation & the Transformative Model

What place does transformative mediation have in court-connected programs?

More than 1000 cases are referred to the Mediation Center of Dutchess County [New York State] each year from courts and similar agencies. In one recent year, more than 600 cases were business disputes such as landlord/tenant and consumer/merchant issues referred from twelve local courts. More than 180 cases of child custody/ visitation/ support issues between parents or extended family were referred from Family Court; and Supreme Court has referred adult guardianship cases…. Transformative mediation is used in all of these cases. Negotiating the transition to transformative practice in courts came down to explaining what we would do that would meet the courts’ own goals.
We explained ’empowerment’ as helping people become clear about their situation so that decisions could be made. ‘Recognition’ was explained as understanding the other person’s point of view. We talked about mediation as a ‘conversation’ between parties. ‘Changing interaction’ meant that decisions could be made and next steps could be taken because something had changed between the parties. These explanations were helpful to the courts because these goals were not inconsistent with their own. Transformative values are present — in the work that we do and in the relationships that have been fostered.”

Miller, J. (2010) The Transformative Model in a Community Center. In Folger, J., R.A.B. Bush,  D. Della Noce (Ed.), Transformative mediation: A sourcebook (pp. 181-205). New York: Institute for the Study of Conflict Transformation; Association for Conflict Resolution.