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Author : J. Kim Wright Publisher : American Bar Association Page : 564 pages File Size : 45,9 Mb Release : 2010 Category : Attorney and client ISBN : 1604428627
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, Forgiveness, and Reconciliation for Good Lawyers and Other Peacemakers by Peter Rufo Robinson Pdf
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.
Author : Marianne O. Nielsen,James W. Zion Publisher : University of Arizona Press Page : 244 pages File Size : 46,9 Mb Release : 2005-09 Category : Social Science ISBN : 0816524718
Navajo Nation Peacemaking by Marianne O. Nielsen,James W. Zion Pdf
Describes and analyzes the Navajo peacemaking tradition of restorative justice, in which all participants are treated as equals with the purpose of preserving ongoing relationships and restoring harmony among involved parties.
Author : Pauline H. Tesler Publisher : American Bar Association Page : 268 pages File Size : 44,5 Mb Release : 2001 Category : Family & Relationships ISBN : 1570739315
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.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
America's Peacemakers by Bertram Levine,Grande Lum Pdf
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.
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.
Several centuries ago, the five nations that would become the Haudenosaunee — Mohawk, Oneida, Onondaga, Cayuga, and Seneca — were locked in generations-long cycles of bloodshed. When they established Kayanerenkó:wa, the Great Law of Peace, they not only resolved intractable coinflicts, but also shaped a system of law and government that would maintain peace for generations to come. This law remains in place today in Haudenosaunee communities: an Indigenous legal system, distinctive, complex, and principled. It is not only a survivor, but a viable alternative to Euro-American systems of law. With its emphasis on lasting relationships, respect for the natural world, building consensus, and on making and maintaining peace, it stands in contrast to legal systems based on property, resource exploitation, and majority rule. Although Kayanerenkó:wa has been studied by anthropologists, linguists, and historians, it has not been the subject of legal scholarship. There are few texts to which judges, lawyers, researchers, or academics may refer for any understanding of specific Indigenous legal systems. Following the United Nations Declaration on the Rights of Indigenous Peoples, and a growing emphasis on reconciliation, Indigenous legal systems are increasingly relevant to the evolution of law and society. In Kayanerenkó:wa Great Law of Peace Kayanesenh Paul Williams, counsel to Indigenous nations for forty years, with a law practice based in the Grand River Territory of the Six Nations, brings the sum of his experience and expertise to this analysis of Kayanerenkó:wa as a living, principled legal system. In doing so, he puts a powerful tool in the hands of Indigenous and settler communities.
Author : Douglas E. Noll Publisher : Simon and Schuster Page : 256 pages File Size : 50,6 Mb Release : 2017-09-12 Category : Family & Relationships ISBN : 9781501176258
Written by award-winning author, highly experienced mediator, and co-founder of the Prison of Peace project, Douglas E. Noll, De-Escalate gives you the proven process to calm any angry person or volatile situation in 90 seconds or less. Based on the practical experience of a master mediator and grounded in the latest findings in neuroscience, Douglas Noll offers his proven process—to empower you to successfully and efficiently de-escalate an angry person or volatile situation in 90 seconds or less—and how to apply this skill in all areas of life. We live in a more socially polarized time nationally and globally than ever before, as arguments easily flare up, aggression and bullying rises, and lines are drawn over politics, religion, and ideology. De-Escalate provides a new set of social listening and communication skills that solve the problem of what to do with angry, emotional people. The quick and effective techniques detailed in De-Escalate will help anyone dealing with this increase in anger from outside sources or anger in themselves. With simple, easy-to-understand steps, De-Escalate walks you through real-life examples and scenario-based conversations in order to create resolutions, build emotional intelligence, and cultivate empathy and healing. This book will teach the precise tools to master becoming a peacemaker, cultivating ways to co-exist and co-respect others in an increasingly hostile world.
Divorce and Family Mediation by Jay Folberg,Ann Milne,Peter Salem Pdf
Building on the success of their groundbreaking 1988 Divorce Mediation, Folberg et al. now present the latest state-of-the-art, comprehensive resource on family and divorce mediation. Paving the way for the field to establish its own distinct discipline and academic tradition, this authoritative volume offers chapters contributed by leading mediation researchers, trainers, and practitioners. Detailed are the theory behind mediation practice, the contemporary social and political context, and practical issues involved in mediating divorce and custody disputes with contemporary families. Authors also address intriguing questions about professional standards and where the field should go from here. A groundbreaking resource, this volume is indispensable for all mental health and legal professionals working with families in transition.
Author : Michael L. Moffitt,Robert C. Bordone Publisher : John Wiley & Sons Page : 580 pages File Size : 55,5 Mb Release : 2012-06-28 Category : Law ISBN : 9781118429839
The Handbook of Dispute Resolution by Michael L. Moffitt,Robert C. Bordone Pdf
This volume is an essential, cutting-edge reference for all practitioners, students, and teachers in the field of dispute resolution. Each chapter was written specifically for this collection and has never before been published. The contributors--drawn from a wide range of academic disciplines--contains many of the most prominent names in dispute resolution today, including Frank E. A. Sander, Carrie Menkel-Meadow, Bruce Patton, Lawrence Susskind, Ethan Katsh, Deborah Kolb, and Max Bazerman. The Handbook of Dispute Resolution contains the most current thinking about dispute resolution. It synthesizes more than thirty years of research into cogent, practitioner-focused chapters that assume no previous background in the field. At the same time, the book offers path-breaking research and theory that will interest those who have been immersed in the study or practice of dispute resolution for years. The Handbook also offers insights on how to understand disputants. It explores how personality factors, emotions, concerns about identity, relationship dynamics, and perceptions contribute to the escalation of disputes. The volume also explains some of the lessons available from viewing disputes through the lens of gender and cultural differences.
