What is Transformative Mediation?

Transformative mediation is a form of alternative dispute resolution that focuses on helping the parties involved in a conflict understand and address the underlying needs and interests driving their behavior. Instead of simply resolving the immediate problem, transformative mediation empowers the parties to find a mutually beneficial solution that addresses the deeper issues causing the conflict.

In traditional mediation, the mediator acts as an impartial third party who helps the parties negotiate a settlement that resolves their dispute. In contrast, a transformative mediator facilitates a communication and understanding process that allows the parties to shift their perspectives and find a solution that meets the needs of both sides.

One of the critical principles of transformative mediation is that it is "party-centered" rather than "issue-centered." This means that the focus is on helping the parties understand and address their needs and interests rather than simply resolving the issue that has brought them into conflict.

Transformative mediation can be especially effective in family law disputes, as it can help parties move beyond the immediate legal issues and address the underlying emotional and relational factors driving their behavior. For example, in a divorce or custody dispute, the parties may be focused on the legal issues of property division or parenting time, but a transformative mediator can help them understand and address the deeper emotional needs and interests that are driving their behavior, such as the need for security, respect, or closure.

Another benefit of transformative mediation is that it is often less adversarial and more collaborative than traditional litigation. The parties are encouraged to work together to find a mutually beneficial solution rather than competing against each other in a courtroom. This can be especially important in family law disputes, as the parties must continue interacting and co-parenting after the dispute is resolved.

In conclusion, Transformative Mediation is a powerful tool for resolving family law disputes in a way that addresses the underlying needs and interests of the parties. Fostering communication, understanding, and empathy can help the parties find a mutually beneficial solution that addresses the deeper issues causing the conflict while reducing the adversarial nature of traditional litigation.

Attorneys Elizabeth Spadafore and Kyle Janes are certified Transformative Mediators. Contact our office to learn more.