SOLUTIONS - Columnist Jeffrey Blum says in the context of the state Builder’s Remedy law, Transformative Mediation can help bridge the gap between developers and residents. (Shutterstock)

This is the second of two articles highlighting constructive ways to consider the difficult issue of development in Los Gatos. The first article focused on the importance of remaining civil with one another as we navigate the Housing Element and Builder’s Remedy law-related issues. This article goes a step further, focusing on a mediation method called Transformative Mediation.

Imagine Los Gatos as a cozy, small-town cabin in a sprawling forest.

The cabin, while charming, is starting to feel a bit cramped. The region’s growing population is putting the squeeze on housing, and the state Builder’s Remedy law is like a giant, lumberjack-ready ax, poised to chop down trees and build new homes.

But what if there was a way to build the homes without sacrificing the forest’s beauty? A way to balance the needs of developers and residents, without turning Los Gatos into a concrete jungle?

That’s where transformative mediation comes in. It’s like hiring a skilled mediator to sit around the campfire, listen to everyone’s concerns and find a way for everyone to roast marshmallows without burning their fingers.

Understanding the Builder’s Remedy

California’s Builder’s Remedy law is a double-edged sword. On one hand, it can speed up housing development, but on the other, it can also lead to legitimate concerns about increased traffic, loss of green space and disruption to the community’s peaceful vibe.

The Role of Transformative Mediation

In my family law practice, I’ve seen firsthand how transformative mediation can help people work through tough issues, even when their relationships are strained. It’s like teaching two feuding siblings how to share a toy without resorting to a water balloon fight. The goal of Transformative Mediation is, at a minimum, to improve the relationship between the parties. This can be particularly important when the parties, such as divorcing parents, will have an ongoing relationship in raising their minor child or children.

In the context of the state Builder’s Remedy law, Transformative Mediation can help bridge the gap between developers and residents by:

  • Promoting Dialogue and Understanding: It’s like getting everyone to sit around the campfire and tell their stories. By listening to each other, people can start to understand where the other person is coming from.
  • Identifying Common Ground: It’s like finding the perfect spot for everyone to sit, where the fire is warm but not too hot, and the view is stunning.
  • Generating Creative Solutions: It’s like brainstorming new ways to roast marshmallows, like using skewers or reflecting the heat off a shiny object.

Benefits of Transformative Mediation

Using transformative mediation in the context of the Builder’s Remedy law offers several key benefits:

  • Balanced Development: It’s like building a new cabin that fits into the forest, without chopping down too many trees.
  • Reduced Conflict: It’s like putting out a fire before it gets out of control.
  • Community Empowerment: It’s like giving everyone a voice in deciding what happens to their neighborhood.
  • Time and Cost Efficiency: It’s like taking a shortcut to the campfire, without getting lost in the woods.
  • Long-Term Sustainability: It’s like planting new trees to replace the ones that were cut down, ensuring that the forest will thrive for generations to come.
  • Building Relationships: Transformative mediation can help establish positive relationships between developers and community members. These relationships can foster trust and cooperation, which are essential for achieving long-term sustainability. Developers seeking, in the future, to pursue other projects in Los Gatos will be motivated to participate in Transformative Mediation. They are more likely to be successful in those endeavors if they establish better community relations by engaging in the cooperative process Transformative Mediation offers. 

Conclusion

As Los Gatos continues to grapple with the challenges and opportunities presented by the State Builder’s Remedy law, Transformative Mediation offers a promising approach to achieving balanced development. By promoting dialogue, understanding, and collaboration, mediation can help ensure that new housing projects are more welcome additions to the community.

So let’s gather around the campfire, share our stories, and find a way to build a future that is both prosperous and sustainable.

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