In November 2024, Noah Winchester went into his first mediation feeling shut down and walled up. Weeks earlier, a friend made a comment that Winchester, who is Black, felt was racist; an argument ensued. . Now, he had been asked to participate in this “mediation” by the person who made the comment. He headed into the mediation expecting to be railroaded. He thought the whole process was a sham and there was no way it would yield its intended outcome.
But, as Winchester would come to find out, mediation is designed exactly for this kind of scenario — and it’s growing as a tool to help incarcerated people. That’s partly because many people come to prison lacking healthy ways to cope with emotional distress. Instead, they resort to violence or other detrimental behaviors, becoming trapped in a cycle of breaking rules and being punished.
Mediation brings in a neutral third party and seeks to foster communication and understanding to fight against these longtime behaviors. Since 2020, it has been an option for conflicts occurring among San Quentin residents and between residents and staff with the goal of creating more dialogue and a clearer understanding of how one person’s actions can impact the larger San Quentin community.
During the argument that prompted their mediation session, Winchester’s friend had asked him, “What is a Black man doing worrying about what a white man’s business is?” Later, in the mediation session, Winchester was asked to share how this comment impacted him. His friend was asked follow-up questions to help him process the impact of his words and the reasoning behind them. Winchester said he left the program feeling “angry and exposed,” but it planted the seed for future communication between the two men. In quick time, they rekindled their friendship.
“I was really able to hear his perspective on the conflict and I was able to voice mine without reservation,” Winchester said. “My listening skills were elevated, and it was as if I was in his shoes and he were in mine.”
This reflection and processing is typical of mediation practices, which teach participants to resolve conflict without punishment, understand the emotions and needs beneath the surface of conflict, and appreciate the impacts on those harmed.
The mediation that Winchester participated in was born out of The Transformative Mediation program, created by therapist Rochelle Edwards of the Transformative Justice Institute.
“This program is for individuals or groups within the prison who are in conflict with each other, who wish to resolve their conflict using alternative dispute resolution and nonviolent practices,” Edwards said.
Initially, two resident mediators meet with each disputant separately to get both sides on the conflict. Then a day and time is agreed upon to have a conversation about the conflict with the mediators acting as neutral guides.
During the mediation, one disputant is speaking while the other is actively listening — making eye contact, giving the other person their full attention.
“Listening doesn’t mean you agree with the other party, it just means you’re giving them the same courtesy you will hope to get when it is your turn to share,” said professional mediator Judy Bornstein.
Resident mediators receive a 100-plus hours of training from professional mediators in various types of alternative dispute resolution strategies, including restorative and transformative justice, mediation, trauma-informed care and emotional intelligence.
William Harris recently had a mediation with a medical staff member. After a disagreement, he received an administrative violation write-up for “disrespecting staff with the potential for violence.”
“I knew nothing about mediation until one of the resident mediators asked me if I was willing to go through the process,” Harris said. “During the mediation I was able to clearly state what I saw and what I experienced. They then got a chance to clarify what their experience was, and in that moment I had a clear understanding of what happened, and it was not what I perceived.
“Had I known what they meant behind their remarks, the incident would never have occurred,” he said, “and they left the mediation saying the same thing.”
Within the last year, some mediators have been paroled and successfully reentered society Four of them are already serving as mediators in their communities through Transformative Mediation.
Jose Ramirez, one of the many graduates of Transformative Mediation, was paroled in 2024 and now works in the South Bay through the Congress of Neutrals. He helps mediate through this forum using the skills he learned from the San Quentin mediation class.
“Transformative Mediation gave me more than skills; it gave me confidence, purpose, healing and a second chance at making a difference. It changed my life,” Ramirez said. “It didn’t just teach me how to mediate, it transformed the way I see myself and others. Now, I use what I’ve learned to help people move through conflict with understanding and respect.”
