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Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.
Integrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. This books describes this fundamental shift in world view, exploring and drawing upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality.
Apology and forgiveness are the building blocks of healing and reconciliation. Everyone has been the offender and the victim in relational conflicts. The decision and execution of apology and forgiveness determine the degree of intimacy in the future relationship. The foundation for this book is an understanding of the variety of approaches to apology and forgiveness so the reader can more intentionally manage her relationships. Instead of pushing one approach, the concepts are presented to assist the reader in considering factors that might influence the type of apology or forgiveness that is most appropriate for the situation.In addition to empowering the reader to better manage his own affairs, the book considers whether and how to encourage others to apologize and forgive. The advisor role is examined from the perspectives of a family member or friend, an attorney, and professionals in peacemaking roles like mediators, therapists, ombudspersons, human resource professionals, clergy, and a long list of others whose job it is to help people heal from interpersonal injuries. This book invites the reader into the classroom where this class has been taught to lawyers, mediators, and graduate students at Pepperdine University's School of Law. The classes welcome student viewpoints that run the gamut from sharing personal experiences that reinforce class concepts to ardently disagreeing with the author's perspective as only a law student can do. The classroom dialogue is replicated by the extensive inclusion of student journals in the book's narrative.
America's Peacemakers: The Community Relations Service and Civil Rights tells the behind-the-scenes story of a small federal agency that made a big difference in civil rights conflicts over the last half century. In this second edition of Resolving Racial Conflict: The Community Relations Service and Civil Rights, 1964–1989, Grande Lum continues Bertram Levine’s excellent scholarship, expanding the narrative to consider the history of the Community Relations Service (CRS) of the U.S. Department of Justice over the course of the last three decades. That the Trump administration has sought to eliminate CRS gives this book increased urgency and relevance. Covered in this expanded edition are the post–9/11 efforts of the CRS to prevent violence and hate crimes against those perceived as Middle Eastern. Also discussed are the cross-border Elián González custody dispute and the notable tragedies of Trayvon Martin and Michael Brown, both of which brought police interaction with communities of color back into the spotlight. The 2009 Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act substantially altered CRS’s jurisdiction, which began to focus on gender, gender identity, religion, sexual orientation, and disability in addition to race, color, and national origin. Lum’s documentation of this expanded jurisdiction provides insight into the progression of civil rights. The ongoing story of the Community Relations Service is a crucial component of the national narrative on civil rights and conflict resolution. This new edition will be highly informative to all readers and useful to professionals and academics in the civil rights, dispute resolution, domestic and international peacemaking, and law enforcement-community relations fields.
Navajo peacemaking is one of the most renowned restorative justice programs in the world. Neither mediation nor alternative dispute resolution, it has been called a “horizontal system of justice” because all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties. In peacemaking there is no coercion, and there are no “sides.” No one is labeled the offender or the victim, the plaintiff or the defendant. This is a book about peacemaking as it exists in the Navajo Nation today, describing its origins, history, context, and contributions with an eye toward sharing knowledge between Navajo and European-based criminal justice systems. It provides practitioners with information about important aspects of peacemaking—such as structure, procedures, and outcomes—that will be useful for them as they work with the Navajo courts and the peacemakers. It also offers outsiders the first one-volume overview of this traditional form of justice. The collection comprises insights of individuals who have served within the Navajo Judicial Branch, voices that authoritatively reflect peacemaking from an insider’s point of view. It also features an article by Justice Sandra Day O’Connor and includes contributions from other scholars who, with the cooperation of the Navajo Nation, have worked to bring a comparative perspective to peacemaking research. In addition, some chapters describe the personal journey through which peacemaking takes the parties in a dispute, demonstrating that its purpose is not to fulfill some abstract notion of Justice but to restore harmony so that the participants are returned to good relations. Navajo Nation Peacemaking seeks to promote both peacemaking and Navajo common law development. By establishing the foundations of the Navajo way of natural justice and offering a vision for its future, it shows that there are many lessons offered by Navajo peacemaking for those who want to approach old problems in sensible new ways.
This unique new handbook explains this emerging dispute resolution model of collaborative law that is helping family lawyers bring their clients through the divorce passage with integrity and satisfaction. Collaborative Law describes how this approach engages the unique problem-solving skills of lawyers to achieve settlements that creatively and appropriately customize outcomes in the way that few courts are able to achieve. In the collaborative process, fees and costs are minimized, high-quality legal counsel and negotiating assistance are built in, and the ability of divorcing spouses to cooperate and coparent is maximized to a dramatic extent.
Defines the crisis of the legal profession as a spiritual one rather than an ethical one, and urges lawyers to rethink their careers in terms of a vocation in the context of legal practice.
This in-depth analysis goes behind the headlines to understand why crucial negotiations fail. The author argues that diplomats often enter negotiations with flawed assumptions about human behavior, sovereignty, and power. Essentially, the international community is using a model of European diplomacy dating back to the 18th century to solve the complex problems of the 21st century. Through numerous examples, the author shows that the key failure in current diplomatic efforts is the entrenched belief that nations, through their representatives, will act rationally to further their individual political, economic, and strategic interests. However, the contemporary scientific understanding of how people act and see their world does not support this assumption. On the contrary, research from decision-making theory, behavioral economics, social neuropsychology, and current best practices in mediation indicate that emotional and irrational factors often have as much, if not more, to do with the success or failure of a mediated solution. Reviewing a wide range of conflicts and negotiations, Noll demonstrates that the best efforts of negotiators often failed because they did not take into account the deep-seated values and emotions of the disputing parties. In conclusion, Noll draws on his own long experience as a professional mediator to describe the process of building trust and creating a climate of empathy that is the key to successful negotiation and can go a long way toward resolving even seemingly intractable conflicts.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Mediation: The Roles of Advocate and Neutral, Fourth Edition, integrates mediation skills and strategies with theory, ethics, and practice applications to teach students about legal mediation and how to represent clients effectively in the process. This book reflects the experience of its authors, who are both professors and practicing legal mediators with decades of experience teaching and resolving cases. Itincludes all the coverage of mediation found in Resolving Disputes, the survey text, as well as material on negotiation and hybrid processes and additional coverage of mediation. Most important, this book has become a fully video-integrated text. As they read students are referred to 65 unique video excerpts, embedded in the text and instantly accessible, which show leading mediators applying specific techniques and strategies to overcome barriers to settlement. New to the Fourth Edition Video: Unique and diverse video excerpts, created expressly for this book and embedded in the text, featuring mediators from the U.S. and around the world. Virtual mediation: Analysis of the special aspects of mediating via Zoom, based on the experiences of professional mediators. Grief and loss: New material probing deeply into the psychology of loss and how it affects settlement decisions. ODR: New readings on online mediation. International: Perspectives and video of international practitioners, based on the authors’ experience training mediators on five continents. Professors and student will benefit from: Concise content that supports an active experiential class, without sacrificing the deeper knowledge expected in a law school course. An informal writing style that presents actual case examples, practical advice, and thought-provoking questions written for students who will soon become lawyers, representing clients in mediating disputes. A practice-based approach that helps students apply concepts, including realistic roleplays that facilitate classroom discussion. Examples of lawyers taking on roles as informal mediators, giving students models of how to apply mediative skills immediately in their practice.