| Community Mediation Services Building Bridges Out of Conflict |
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| Friday, 29 May 2009 16:40 | |||
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The “mediation” in Community Mediation Services is more than just a name. It is a philosophy and service strategy that lies at the heart of everything CMS does, from foster care prevention and family court diversion programs to youth development, school based services and an entire network of mediation programs specializing in specific family and community disputes. Based in Jamaica, Queens, CMS began as a single program – the Queens Adolescent Diversion Program (QADP) – launched by Mark Kleiman in 1980. Kleiman, who had spent eight years as a Law Guardian with the Legal Aid Society’s Juvenile Rights Division, was disillusioned with the Family Court system “The process was not a healthy one for families,” says Kleiman. “It should only be used as a last resort where safety is the issue.” Kleiman attended a conference and heard about a program model that would change his life… and many others. It was a program to divert juvenile delinquents from the court system using nonprofessionals – college students – as mentors. There was outcomes data demonstrating its success and it had been approved by the U.S. Office of Juvenile Justice and Delinquency Prevention (OJJDP). Most important from Kleiman’s standpoint was the philosophy on which the program was based – to respect, educate and empower youth, families and their communities. Kleiman came back and wrote up a proposal for submission to the New York State Division for Youth (now OCFS). To his surprise, the program was funded. Two years later, he submitted a proposal for the first Parent Teen Mediation Program in New York to the New York City Youth Board, predecessor to today’s Department of Youth and Community Development (DYCD). “They didn’t quite know what to make of it,” he explains. “Their Request for Proposals essentially was a form where you explained how much sports equipment you needed.” Nevertheless, the program was funded. Together, these became the seeds from which CMS ultimately sprouted. The agency was incorporated in 1983. Today, CMS operates more than 20 separate programs, has a staff of over 100 and serves 12,000 young people, families and individuals annually. The original program took at-risk youth aged 9-17 who had been referred from the Family and Criminal Court system. It incorporated a number of features that would become core to CMS mission. One component involved getting the teens and parents to sit down and work out their issues. “They had to sit down and listen to each other. They had to negotiate,” says Kleiman. “I didn’t even know it was called mediation, back then. It was called behavioral contracting when the program began.” However, the program was truly empowering and very respectful of the youth, says Kleiman. “That set the tone for the agency.” QADP featured a mentoring component based on the belief that youth facing difficult circumstances can flourish when provided with powerful role models. “We began using college students from York College,” says Kleiman. “They could be 19 or 20 or they could be in their 30s or 40s. They receive two days of training and weekly supervision. It is a very powerful experience for them. Now we recruit from eight local colleges.” The 15-week program is intensive. Mentors meet with youth six to eight hours a week and go through a series of specialized workshops on topics such as anger management, cultural respect, effective communication and conflict resolution. Teens set personal goals that focus on education, family life, communication and community service. They discuss steps needed to achieve these goals and work towards them during the course of the intervention.
A few years later, CMS significantly expanded the platform for mediation and court diversion efforts when it won an RFP to provide Designated Assessment Services (DAS) and PINS (Persons in Need of Supervision) Diversion for the borough of Queens. “We were the underdog,” says Kleiman. “We had something like seven staff. We tripled the size of the agency overnight.” Now known as Community Alternatives for Families in Crisis (CAFC), the DAS/PINS Diversion has been the foundation for CMS ever since. “We work with 900 or 1,000 families every year,” says Siff. “Parents come in to Family Court saying I can’t handle this kid, he’s not respecting me, he’s running away, he’s not going to school,” Siff continues. “They want to see a judge and have the judge fix everything.” “The courts recognize that there are other problems that have to be addressed,” says Siff. Ultimately, most cases are referred to CMS. “They get an intensive psycho/social assessment. If they are presenting problems that require a second level assessment – substance abuse, mental health, domestic violence, etc. – we bring in those specialists as well. Families get a case planner to assess the family needs.” CAFC is intended to be a short-term assessment and intervention, anywhere from 30 to 90 days, which then connects teens and families to appropriate longer term services. CMS itself operates a specialized PINS Prevention Program serving 90 families that is funded through the same ACS contract. While CMS serves families throughout the borough, the CAFC/DAS program will always seek referrals to appropriate service providers in the family’s home community. Over the years, CMS has continued to expand its range of preventive programs for families with teens at risk of out of home placement. The agency has an ACS-funded General Preventive program serving 60 families in Community District 12 (Jamaica, South Jamaica, St. Albans, Rochdale, Springfield Gardens and Hollis). It also developed a Teen Enhancement Preventive Program with specialized services – Youth Specialists, Master’s level case planner and supervisors -- to meet the particular needs of high risk teenagers for 30 families in Queens. Youth Development Services In addition, CMS now offers a wide range of youth development programs, many of which are available to youth referred from CAFC/DAS, Family Court and other Criminal Justice agencies. “Our services are based upon the core belief that positive development begins with both respect for others and empowerment of self,” says John Harrison, Associate Executive Director of Youth Development Services. The Youth Violence Intervention Program takes youth aged 12-18 who have been referred from the Queens District Attorney’s Second Chance program or CAFC/DAS. The core of the program is the 12 highly interactive group workshops in which youths address issues such as anger and emotional management, values and perceptions, peer pressure, behaviors and legal consequences,” says Harrison. “Research has shown structured, skills-based group settings to be a highly successful intervention for adolescents and our program participants demonstrate engagement and success by using the group process.” Youth Mediation Corps (YMC) provides young people ages 13-19 with leadership and conflict resolution training in order to empower them to become involved in political economic and social institutions in their community. Youth meet weekly for workshops and design various service projects. In 2005, the Youth Mediation Corps received funding to add a cohort of younger youth ages 9-12 in P.S. 35. Young Peacemakers receive homework help from the coordinator and selected older YMC participants. They attend workshops four times per week and plan and execute monthly community service projects, including penny drives, food drives, community beautification and intergenerational activities. School-Based Services CMS has been an active provider of Attendance Improvement and Delinquency Prevention (AIDP) services in partnership with the United Way of New York City. The programs focus on high-risk students and incorporate the concepts of collaborative problem solving with mediation, skills development and counseling. The result is a more cooperative and productive learning environment. CMS’ AIDP programs are located at five high schools (August Martin, Campus Complex, Far Rockaway, John Bowne, and South Shore) as well as JHS 117 and MS 246. Mediation Kleiman sees applications of mediation skills and philosophy in all CMS services. Yet the most visible and formal use of the technique can be found in a broad network of mediation programs created specifically for that purpose. In the mid 1980s, New York State began funding the creation of Community Mediation Centers in every county. In 1995, CMS won a RFP to provide the service in Queens County. Over the years, the agency has added a range of additional mediation programs and services, including several which focus on specific types of disputes. Some programs are funded through state or city contracts; others are offered on a fee-for-service basis. “The centers are connected to the court system but people also come in from the community with complaints,” explains Kleiman. “They may be neighbor disputes, family disputes, merchant-vendor issues. Mediation is a way of reaching a resolution without going through the actual court process.” CMS trains and certifies volunteer mediators. “We have over 100 active, trained, community mediators who handle over 2,500 cases yearly,” says Kleiman. Mediators sit down together with both parties and help them talk through their issues. The process is designed to enable both sides to understand what their real concerns are in the dispute. Using facilitative skills, the mediator offers opportunities for communication and problem solving. “It is a process that maximizes the possibility of a resolution,” says Kleiman, who goes on to emphasize the there doesn’t have to be a resolution. “We don’t want to be pushing people in one direction or another.” “There are six essential values as cornerstones to the process,” Kleiman continues. “Mediation is voluntary, confidential and safe. There must be self-determination, humility and impartiality. All mediator actions are tested against these values.” If parties do reach a resolution, an agreement is submitted back to the court where it is approved and memorialized. If the dispute is not in court, the parties write up the agreement. “It is in the nature of a contract,” says Kleiman. “Some things are enforceable and some aren’t. You may have to pay $50 for the broken fence. You may have to show respect or be a good neighbor. Sometimes the disputes and the resolutions are emotional; sometimes they are financial.” CMS’ Queens Mediation Network has locations in Jamaica, Bayside and Flushing. It provides free mediation services for borough residents on a variety of issues, including juvenile delinquency, civil court disputes, housing and much more. “We have lemon law arbitrators,” says Kleiman. “You can bring your case in for arbitration. We do it right out here in the parking lot.” Disputes involving special education services is another specialty area covered by a contract with the New York State Department of Education. “You have parents who don’t like the Individualized Education Plan (IEPs) prepared for their child by the local school district,” says Kleiman. “They have an option to go to mediation.” CMS is also the sole provider of mediation in the New York City Family Courts. “It is primarily custody or visitation cases,” says Kleiman. Mediation offices are located in Family Court offices in each of the five boroughs. These services are provided free under the CMS contract. They require a separate, trained panel of mediators who are paid $50 per hour. Over 2,700 cases are handled annually. In a similar vein, the agency also provides Divorce Mediation for couples who are already in court. “The mediator addresses the various ways to successfully dissolve a marriage and divide property in New York State,” says Kleiman. Due to the complexity of these issues, an hourly rate is determined by the combined income of the participants. A court-certified program, Assisting Children Through Transition (ACT), is available to help parents understand how their breakup has affected their children. This parent education program has had tremendous results. Over 90% of participants state the program has helped them understand and help their children through the divorce. The range of cases in which mediation services can be helpful is broad and growing. Family Assistance in Resolution (FAIR) helps families navigate their teenager’s transition from childhood to young adulthood. Families learn how to communicate about issues such as curfew, drug use and truancy. They learn to negotiate clear, written agreements that clarify the roles and responsibilities of each family member. It often changes the way they negotiate family life. The Victim/Offender Youth Mediation Project offers victims an opportunity to face their offenders and state their feelings while offenders have an opportunity to apologize, accept responsibility for their behavior and offer restitution. “We are referred over 250 delinquency cases from the Queens Family Court each year,” says Kleiman. Issues of aging and family responsibilities are an increasingly important area for mediation, explains Kleiman. “If there is one issue that tears apart families even more than divorce, it is elder care: who is going to take care of whom,” says Kleiman. “Add to that the estate issues lurking in the background and all the childhood stuff playing out! Mediation encourages family members to be more adult-like.” Looking Ahead The coming year looks to be a crucial one for CMS. Like all New York City child welfare providers it faces an upcoming RFP for its preventive programs. In addition, CMS anticipates an RFP – complete with new service design involving longer term services -- for the CAFC/DAS/PINS Diversion program. All together, these programs represent more than half the agency’s budget. Kleiman, however, remains confident. “We have an excellent reputation with all of the service systems in which we work,” he says. Plus, he believes the agency’s historic focus is perfectly in line with ACS’ philosophy and practice under Commissioner John Mattingly. “We have been honoring youth and family empowerment since our inception,” says Kleiman.
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as a vehicle for resolving complex family problems.
“It’s not about going to the movies,” says Stacey Siff, Associate Executive Director for Family Services and Operations. “It is about behavioral contracting. It’s about creating goals and objectives they need to meet to become a productive member of society.” 
successfully in the face of these personal and cultural differences is a major challenge. Community Mediation Services’ Intercultural Youth Conflict Resolution Program is one meaningful response.
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