Question 1

What is Transformative Mediation?

Accepted Answer

Transformative Mediation was originated by Robert A. Baruch Bush and Joseph P. Folger, as is further described in their book THE PROMISE OF MEDIATION (published in 1994). Traditional mediation practice involves a mediator who facilitates decision-making processes with clients in conflict, with little to no opportunity for clients to be recognized or heard for their experiences and perspectives regarding the root of the conflict. Alternatively, Transformative Mediation empowers clients to integrate the opportunities to be recognized and heard as a primary consideration, alongside the need to make decisions rooted in conflict. The hope of Transformative Mediation is not only to resolve conflict-driven decisions that need to be made, but that the relational issues of the conflict will have a full opportunity to be resolved and even, repaired.

Question 2

What is Transformative Family Mediation?

Accepted Answer

We agree with the transformative mediation model (developed by Bush & Folger) and consider it the “purist” model. We agree it’s highly attractive and fitting to serve the needs of families due to the relational nature of their conflict over the typical facilitative style of mediation. Transformative mediation promises to engage human capacity to transform the quality of the conflict interactions and strengthen both parties and the society they are a part of (Bush, Folger, Della Noce).   When families have the ability to take responsibility and control of the process and outcomes they have a greater chance at success (defined in their terms, of course). We see a unique issue that mediators need additional skills in the family mediation arena because of the propensity of entrenched “destructive patterns” in chronically conflicted or anxious family systems that require a well-differentiated leader to help "reset" the patterns towards constructive (this includes the sometimes inflammatory behavior of opposing counsel or other influencers).   There are three critical areas of transformative family mediation training that participants will learn: The neutrality of the mediator - learning, developing, and practicing a neutral leadership position and managing oneself in the midst of highly anxious/conflicted family systems and influencers. Process - Employing a light and transformative technique called restorative circles to support: The substantive norms of the group Constructive communication throughout the duration of  mediation,  Giving parties the control of that process for decision-making, and Minimizing coercion of the mediator, legal counsel (if included), and outside influencers.  Outcomes - Parties define all the terms and conditions for what they want and then seek out the option of drafting an agreement reflecting their self-determination.   *Sources:  Folger, Joseph P., Robert A. Baruch Bush, and Dorothy J. Della Noce, Transformative Mediation: A Sourcebook Resources for Conflict Intervention Practitioners and Programs. Reston, Va: Association for Conflict Resolution, 2010.  Welsh, Nancy, "The Thinning Vision of Self-Determination in Court Connected Mediation: The Inevitable Price of Institutionalization?", Harvard Negotiation Law Review, Vol. 6 (2001b):30.

Question 3

Who can be trained in Transformative Family Mediation?

Accepted Answer

Anyone that is interested in being trained in transformative family mediation can be trained!  If an individual trained in transformative family mediation wants to be listed on a court-approved roster for mediation (qualified neutral/facilitator) referrals, they may need to meet certain training requirements (including mediation skills training, subject matter training including family law, ethics, domestic violence, statutory knowledge, roleplaying opportunities and/or supervised mediation practice).     In Minnesota, our court-approved training qualifies an individual to be placed on the MN court roster as a “qualified neutral under Rule 114 of the MN General Rules of Practice,” so long as they meet the requirements listed here.  In Minnesota, our standards tend to be among the highest training standards across the country, so our training is highly transferable to any jurisdiction.  Please click here to check mediator training requirements in your state.  If you have any questions about your eligibility to be listed on a given state’s roster, please contact us here for further information.

Question 4

What does Transformative Family Mediation Training include?

Accepted Answer

The Katallasso Group offers a MN court-approved 40-Hour Transformative Family Mediation (TFM) training program that trains individuals to become qualified neutrals under Rule 114 of the MN General Rules of Practice (including Domestic Violence).  We add to our training package a Practice in a Box. A comprehensive mega-file designed to launch you in a mediation practice including all forms, brochures, agreements, and a whole lot more. Check out TFM Training to learn more.  Please see our training page to see a list of all topics discussed here.  All of our training is conducted by Zoom (5 full days) or offered by Blended Learning (on-demand lectures/homework and live 2 day roleplaying), so that we may train individuals in any jurisdiction (click here to check the standards for mediator qualifications in your state).    In our training, we prepare mediators to understand neutrality in the face of chronic or highly conflicted/anxious people systems. Mediators will leave training aware they are safeguarding the self-determination of individuals and capable of guiding them to realities they've defined - even in the face of powerful influencers in their mediation environments. The foundation of our training is tied to Edwin Friedman's work.

Question 5

What is the difference between traditional mediation and transformative mediation? How can consumers chose the right mediator for their needs?

Accepted Answer

Traditional Facilitative Mediation is the most common form of mediation available. According to consumers, this can oftentimes feel like an extension of the courtroom, and mediators are trained to "settle".  Transformative Mediation is a "purist" model giving the authority and power to the parties to determine the process, terms to discuss, and outcomes.  Mediators are trained to protect and safeguard party self-determination.  What is that? Check out What is Self-Determination and why it matters in FAQs.  Please see our blog post for an extensive review of these two approaches to mediation.

Question 6

What is self-determination and why is it so important?

Accepted Answer

It’s important to know that when a court sends families to mediation, it holds a tight presumption that any settlement actually represents the exercise of parties’ free will or self-determination. The Minnesota ADR Code of Ethics bans mediators from coercion - or infringing on a party's ability to self-determine in a private setting. This is a good thing especially for families to know while the courts may be sending them to mediation.    Disputants should be at the core of the mediation process meaning they are the principal actors and creators within the process. (Not legal counsel which is what we've been noticing more frequently than not.) This means parties are not relegated to being a consumer, instead, they would: Actively & directly participate in the communication & negotiation that occurs during mediation, Decide whom they would like to involve in the process and what that process would entail; Choose & control substantive norms to guide their decision-making, Create the options for settlement, And ultimately control the final decision regarding whether or not to settle their dispute (Welsh, 17).  *We train our mediators to be highly trained to know how to safeguard and protect party self-determination in a private setting, no matter who is invited to attend the mediation environment.   Welsh, Nancy, "The Thinning Vision of Self-Determination in Court Connected Mediation: The Inevitable Price of Institutionalization?", Harvard Negotiation Law Review, Vol. 6 (2001b):17.

Question 7

Is your training eligible for Continuing Education credit?

Accepted Answer

Yes!  All training comes with a certificate of completion.   We have on-demand continuing education options shown here for qualified neutrals under Rule 114 of the MN General Rules of Practice to fulfill their continuing education requirements (18 credits, every 3 years).    Our Transformative Family Mediation training has historically been approved for 38-40 hours of CLE credit in MN (36.5 Standard credits, 1.5 Ethics credits and 2 Elimination of Bias credits or 36.5 Standard credits and 2.5 Ethics credits).  Based on the recommendations of SCSU and slower processing response of 3-5 wks, we provide all attorney seeking to obtain CLE approval with our training agenda (which has been approved by MN SCA) to submit on their own to CLE board for expedited results.  Many social workers and family therapists have also taken our training and simply submit the certificate of training hours to their governing entity. We have not submitted our training for approval through those governing entities (as there's more than one!) at this point, but hope to do so by 2023.

Question 8

I'm struggling as a mediator with powerful influencers within the mediation setting? Can you help?

Accepted Answer

Yes - this happens quite a bit for those that may have been trained in a different approach. Consider our "Blended Learning" option (coming available in late April 2022) to help you understand what is happening and what you can do to address power imbalances. We equip you in a technique called circle and provide live role-playing to practice this issue in multiple ways!   If you have the time to take our 5-day training - it is well worth your investment as well. CEs for current mediators are available as well as CLEs for licensed attorneys.

Question 9

I am already a trained mediator.  How can I receive training to incorporate transformative processes into my practice?

Accepted Answer

Options for you!   
1)    We've heard many mediators struggling with power imbalances in their settings and our technique can be widely helpful. We recommend taking the Blended Learning Option in our 40 hr Transformative Family Mediation Training (meaning you receive on-demand coursework as a refresher and join our 2 day live roleplaying including coaching/development with peers). You'll also get a Practice in a Box with mediation forms, Agreements, mediation brochures, family workshops, and ways to integrate mediation in child welfare. You can't beat this package to enhance and grow your practice! Click on our 40-Hour Transformative Family Mediation Training to learn more.    2) We offer introductions of Continuing Ed programming to be trained in various mediation and restorative practice skill building and roleplaying. Our courses are currently available for on-demand at $26 for 1 CE.   3) Follow our Dear Family Courts Podcast and learn tips/ideas in your mediation work!

Question 10

I would like to have my team or colleagues trained in one of your trainings, but we need a custom option or flexibility regarding our availability.  What can we do?"

Accepted Answer

We would love to work with your particular circumstances to make this training available to you!  Please contact us to let us know which training you are interested in and we will be happy to design or schedule a training that fits your needs!

Question 11

Does The Katallasso Group provide transformative family mediation services?

Accepted Answer

The Katallasso Group’s primary focus is training, coaching and developing mediators, although we do build and facilitate programs with counties and interested agencies looking to engage transformative family mediation modalities for child welfare issues. Some of our graduating mediators are highlighted  (on our Dear Family Courts podcast) to share their stories now that they'd launched a practice. Check our Inspiring Stories and visit their websites to learn more!