Transformative Mediation: A Critique

Section A of this paper discusses the historical evolution of clinical legal programs in the United States, the homeland of clinical legal education. Next, the current framework of Italian legal clinics is discussed, focusing on its American heritage and associated nuances.Section B considers why mediation would be particularly suitable for the creation of an Italian legal clinic, given the recent incentives created by the European legislature to strengthen alternative dispute resolution. The evolution of the Columbia Law School Mediation Clinic is described, from its beginning to the recent creation of an advanced clinic model, and insights from this process are discussed in terms of the Italian legal and family environment.Section C lays out baseline considerations and recommendations for creating a family mediation clinic at LUMSA. Three different approaches to family and community mediation previously adopted in the context of clinical legal education are analysed: facilitative mediation, transformative mediation, and peacemaking circle. A model for the clinic is proposed, with suggestions for sources and materials from which the curriculum might be drawn.

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Transformative Mediation

Springer Reference Psychologie - Praxishandbuch Professionelle Mediation ◽

10.1007/978-3-662-49657-2_4-1 ◽

2018 ◽

pp. 1-9

Author(s):

Andreas Heintz

Keyword(s):

Transformative Mediation

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Transformative Mediation at the United States Postal Service

Negotiation and Conflict Management Research ◽

10.1111/j.1750-4716.2012.00112.x ◽

2012 ◽

Vol 5 (4) ◽

pp. 354-366 ◽

Cited By ~ 10

Author(s):

Lisa Blomgren Bingham

Keyword(s):

United States ◽

The United States ◽

Postal Service ◽

United States Postal Service ◽

Transformative Mediation ◽

United States Postal

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Transformative Mediation

Konfliktdynamik ◽

10.5771/2193-0147-2015-4-274 ◽

2015 ◽

Vol 4 (4) ◽

pp. 274-283 ◽

Cited By ~ 3

Author(s):

Joseph P. Folger ◽

Robert A. Baruch Bush

Keyword(s):

Transformative Mediation

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La mediazione trasformativa nell’era della patient revolution. Un modello per la gestione del rischio clinico e legale nelle ASL italiane

Pratica Medica & Aspetti Legali ◽

10.7175/pmeal.v12i1.1386 ◽

2018 ◽

Vol 12 (1) ◽

Author(s):

Antonio Dodaro ◽

Virginia Recchia

Keyword(s):

Health Systems ◽

Health Professionals ◽

Vicious Circle ◽

Legal Risk ◽

Current Health ◽

Exponential Increase ◽

Fertile Ground ◽

Active Patient ◽

Transformative Mediation ◽

Negative Effect

[Transformative mediation in the era of the patient revolution. A model for the management of clinical and legal risk in Italian health facilities]Nowadays, too many patients do not perceive that their doctors are exclusively dedicated to care them. This is probably because current health systems are too focused on physicians and diseases, rather than on patients. Such systems are also expensive, fragmented, inefficient and often cynical, generating not only the anger but also the willingness to bring legal claims from many patients. Many scholars, in fact, claim that "too much medicine" can bring more harm than good to the patients and to the health systems themselves, therefore promoting a more sober and respectful medicine. This is the vision of the "patient revolution" and the idea that inspires some other movements that aim to break the vicious circle of greed and cynicism that damages not only patients but also health professionals. Within the same vicious circle, an exponential increase in litigations takes place, as an additional negative effect of the system focused on the disease and on the doctors instead of on the patient.In the present article, we assume that a greater participation of the patient in the choices concerning his/her own health is the fertile ground in which concrete solutions can be found to many problems arising from the current medicine. We therefore analyze the main advantages of active patient participation, which in turn generate a reduction in health conflicts. Based on this analysis, we propose a model in which through various approaches, tools and methods - starting from the upstream prevention of the conflicts - we can also manage them downstream, for the benefit of both patients and health professionals. Finally, we show that within this framework, transformative mediation is an essential approach for weakening many legal disputes and repairing the relational damage generated upstream, where communication has failed or is completely lacking in the clinical practice.

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