Transformative Mediation

 

   This refers to an approach to mediation, the collaborative work of a law professor and a social scientist, Baruch Bush and Joseph P. Folger, and their 1994 book, The Promise of Mediation by Jossey-Bass.

   In the Bush-Folger transformative mediation orientation, mediation is a process whereby the parties in conflict can change the quality of their conflict interaction. The focus is not resolution but transforming the interaction from negative and destructive to positive and constructive. They use the complementary models of empowerment (facilitating and supporting the considered, deliberate decision-making of the parties) and recognition (highlighting opportunities for voluntary interpersonal perspective-taking and understanding.) In this model, the focus is not on resolving the presenting issue but the underlying conflict. For more information, go to www.hofstra.edu/Law/isct.

 

     Gary Friedman and Jack Himmelstein, www.mediationinlaw.org  teach another transformative mediation model dedicated to integrating mediative principles into the practice of law and the resolution of legal disputes. Their model is described as the "understanding model." In their model, the goal is to reach deeper levels of values and meaning, and the means to more lasting and healing resolutions, that often remain unaddressed in adversarial proceedings.  Such approaches often have the power to heal even profound social wounds.

      Kevin Ginsberg, a Renaissance Lawyer founder and board member, compares the evolution of the legal system to that of the medical profession.  First, the trend was to alternative medicine, followed by holistic medicine. Most recently, the focus is on integrative or comprehensive medicine. In law, alternative dispute resolution began to grow and mediation became more accepted.  In the early 90s, holistic law became a fad with many lawyers.  Now, the trend is toward integrating all the approaches. Of course, all of these models are coexisting at this time in history. Each lawyer approaches law from their own distinct perspective. In some places and practices, alternative dispute resolution is still cutting edge. For many links about mediation, go to www.mediate.com. There is also an LLM program at the Center for the Study of Dispute Resolution at University of Missouri School of Law in Columbia, MO.

 

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