Alternative Dispute Resolution, Mediation, and Restorative Justice
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Why didn’t Hostess workers believe the threats?

Why didn’t Hostess workers believe the threats? | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Hostess will become a major case study of why you can't wait too long to bring in the ADR experts.  Uhry's Third Way is powerful because it brings in cooler heads who can point out the power plays and deceit (of both sides) in a neutral manner so that these impediments to resolution are stripped down to the issues upon which conjunctive interests are built.  Only then can both sides see the folly of zero-sum games and work together to, literally, in this case not just make the pie bigger but save the pie altogether.

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Alternative Dispute Resolution, Mediation, and Restorative Justice
Expanding the critical perspective of justice to suggest restorative processes and ADR as tools for reparation.
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Justice ministers craft plan to end court delays

Justice ministers craft plan to end court delays | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Justice ministers from across Canada have identified priority areas for major overhaul in a bid to end chronic court delays. After a day-long emergency meeting in Gatineau, Que., the ministers mapped out a game plan to speed up the criminal justice system.
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A tale of two states: how U.S. state legislatures consider restorative justice policies

A tale of two states: how U.S. state legislatures consider restorative justice policies | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
(2017). A tale of two states: how U.S. state legislatures consider restorative justice policies. Contemporary Justice Review: Vol. 20, No. 2, pp. 255-273. doi: 10.1080/10282580.2017.1307111
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Restorative, traditional justice displayed at Senator Allen Bird | paNOW

Restorative, traditional justice displayed at Senator Allen Bird | paNOW | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
We are the #1 source for news, sports, weather, classified, and car ads. We are jpbgNOW.com, your online newspaper. On demand and always free -- the way your newspaper should be.
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Letter: Patience required for restorative justice model in school discipline

Letter: Patience required for restorative justice model in school discipline | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
By and large, we need to set our sights on something better than the "criminalization" that has been the longstanding response to misconduct in educational settings.
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Two former prisoners reveal how they turned their lives around after their release

Two former prisoners reveal how they turned their lives around after their release | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
For some former prisoners, the hardest part about serving time is figuring out what to do when they get out.

Between finding a place to live, earning enough money to support themselves, and adjusting to a changing society, life as an ex-inmate can be overwhelming and stressful.

For some, it can lead to re-offending. According to a study by the Bureau of Justice Statistics that examined data from 30 US states between 2005 and 2010, two thirds of released prisoners were arrested for a new crime within three years, and more than a third were arrested after just six months.

But one organization is trying to reverse those statistics. The Doe Fund, a New York City-based nonprofit that provides jobs, education, and housing to recently released male prisoners through its Ready, Willing & Able program.

"Through a combination of paid work, social services, education, and career training, the men of Ready, Willing & Able forge a path to self sufficiency," Alanna O'Donnell, media affairs manager for the Doe Fund, told Business Insider.

New participants in the program get paid to clean streets and sidewalks across New York. They continue on to training for specific trades, including culinary arts, building maintenance and pest control. Mandatory education classes teach them skills like literacy, financial management, and relapse prevention.

By the end of the program, participants are connected with job opportunities to sustain themselves and are given help applying for their own apartments.
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Some Colorado schools turning to 'restorative practices' as alternative to school punishment

Some Colorado schools turning to 'restorative practices' as alternative to school punishment | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The concept is known as restorative practices – where issues are talked out before problems become even bigger.
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Building on reintegration - Prince Albert Daily Herald

Building on reintegration - Prince Albert Daily Herald | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
While winter did return for one last grasp over the weekend, spring is already in bloom for Parkland Restorative Justice. The faith-based charitable organization is hosting its second annual Spring Banquet in the Woods to help raise funds for their two main programs, which help inmates at the Saskatchewan Penitentiary reintegrate back into the community …
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Restorative justice: fatal crash driver meets his victim's girlfriend

Restorative justice: fatal crash driver meets his victim's girlfriend | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

A teacher from Swindon has come face to face with the man who caused a crash which killed her boyfriend.

Gavin Roberts died after his car was hit by a driver using his mobile phone in June last year.

The driver of that car was Lewis Stratford.

He was jailed for 3 years and 8 months. Before his sentencing Gavin's girlfriend Meg met him up with him.
You won't necessarily forgive and forget. But it means that you are given the opportunity to express how you're feeling. And coming face to face with somebody you realise kind of the normal person that they are.


The meeting was set up by Wiltshire Police. Meg took part in their Restorative Together programme - bringing victims and their perpetrators together.

Those leading the project say it's having a huge impact.

Prolific offender Peter Woolf says meeting his victim changed his life.

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POSITIVE POLICING: Clarksville's Junior Police Academy combines fun with service

POSITIVE POLICING: Clarksville's Junior Police Academy combines fun with service | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
CLARKSVILLE — Soon-to-be 6-year-old Brayden Gardner started talking about wanting to become a police officer about a year ago.
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Settling Conflict by Settling Minds with Connective Art

Settling Conflict by Settling Minds with Connective Art | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
With colorful petals radiating from a bright orange center, the mandala Circle of Art rug represents the universe and all its connectivity. For members of the high school's National Art Honor Society, it's also a way of connecting with a program
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Restorative Justice: Why We Need It and What We Can Do

Restorative Justice: Why We Need It and What We Can Do | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Restorative justice, a theory that emphasizes repairing the harm caused by
criminal behavior, has been one of Skidmore’s main focuses for Social
Justice Awareness Month.
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How Rudeness Stops People from Working Together

How Rudeness Stops People from Working Together | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Incivility can fracture a team, destroying collaboration, splintering members’ sense of psychological safety, and hampering team effectiveness. Belittling and demeaning comments, insults, backbiting, and other rude behavior can deflate confidence, sink trust, and erode helpfulness — even for those who aren’t the target of these behaviors.

A recent study documented how incivility diminishes collaboration and performance in medical settings. Twenty-four medical teams from four neonatal intensive care units in Israel were invited to a training workshop designed to improve quality of care. As part of the training, the teams needed to treat a premature infant whose condition suddenly deteriorated due to a serious intestinal illness (it was only a simulation; no infant’s health was endangered). Staff had to identify and diagnose the condition and administer proper treatment, including CPR. Teams were told that an expert from the United States would be watching them remotely (with video) and would occasionally comment and advise them. That “expert” was a member of the research team. Half the teams received messages from a neutral expert who spoke about the importance of training and practice using simulations but did not comment on their work quality. The other half received insulting messages about their performance and the “poor quality” of Israeli medical care.


Researchers filmed these simulations and had objective judges evaluate them. The teams exposed to rudeness displayed lower capabilities in all diagnostic and procedural performance metrics, markedly diminishing the infant’s chances of survival. This was mainly because teams exposed to rudeness didn’t share information as readily and stopped seeking help from their teammates.

I frequently see that situation echoed in my research: People who lack a sense of psychological safety — the feeling that the team environment is a trusting, respectful, and safe place to take risks — shut down, often without realizing it. They are less likely to seek or accept feedback and less likely to experiment, discuss errors, and speak up about potential or actual problems. Even without an intimidator in the room, they work in a cloud of negativity and are unable to do their best.

Once incivility occurs, it’s easy for negative thoughts to seep into people’s heads and stay there, translating into negative behavior. In experiments I’ve done, I’ve found that once people are exposed to rudeness, they are three times less likely to help others and their willingness to share drops by more than half. It makes sense: When someone behaves poorly or offensively, bad feelings spread and behaviors escalate, sometimes becoming aggressive or dysfunctional.

Even relatively minor incidents — when people thoughtlessly put down others, for instance, or publicly question their capabilities — leave an imprint, whittling away at them, their performance, and their well-being. As a mathematical model developed by Yale psychologists Adam Bear and David Rand shows, people who are typically surrounded by jerks learn intuitively to be selfish and to not deliberate over their actions. They wind up acting selfishly even when cooperating would pay off because they don’t stop to think.

A little civility goes a long way, enhancing a team’s performance by increasing the amount of psychological safety that people feel. One experiment of mine showed that psychological safety was 35% higher when people were offered a suggestion civilly than uncivilly (i.e., in an interaction marked by inconsiderate interruption). Other research has shown that psychological safety improves general team performance. Studying more than 180 of its active teams, Google found that who was on a team mattered less than how team members interacted, structured their work, and viewed their contributions. Employees on teams with more psychological safety were more likely to make use of their teammates’ ideas and less likely to leave Google. They generated more revenue for the company and were rated as “effective” twice as often by executives.

Leaders set the tone. A study of cross-functional product teams revealed that when leaders treated members of their team well and fairly, the team members were more productive individually and as a team. They also were more likely to go above and beyond their job requirements. It all starts at the top. When leaders are civil, it increases performance and creativity, allows for early mistake detection and the initiative to take actions, and reduces emotional exhaustion.

Civility helps teams to function better in large part by helping employees feel safer, happier, and better. In my study of over 20,000 employees, those who felt respected by their leader reported 92% greater focus and prioritization and 55% more engagement.

By creating a civil climate, you can enable greater collaboration marked by people who reciprocate respectful behavior. Recent research by Google’s Kathryn Dekas and colleagues shows how the climate affects organizational citizenship behaviors. If you want people to collaborate better and give more, consider the climate, the leader’s role modeling, and the team norms.

It’s important to note that you can’t simply impose civility. Engage employees in an ongoing conversation, defining precisely what civility means. You will garner more support and empower employees to hold one another accountable for civil behavior by involving them in the process.


Organizations of all kinds can benefit from talking about civility with employees. In the Irvine, California, office of law firm Bryan Cave, managing partner Stuart Price and I led employees through an exercise in which they could define collective norms. We asked employees: “Who do you want to be?” And we asked them to name rules for which they were willing to hold one another accountable — what norms were right for their organization. In just over an hour, employees generated and agreed on 10 norms. The firm embraced these norms and bound them into a “civility code,” which they prominently display in their lobby. As Price attests to, the civility code was directly responsible for the firm being ranked number one among Orange County’s best places to work.

It’s not enough to frame norms; you have to train employees to understand and respect them. When asked why they were uncivil, more than 25% of people in a survey I conducted blamed their organization for not providing them with the basic skills they needed, such as listening and feedback skills. If your employees aren’t behaving well, and you’ve already gone through the trouble of hammering home the organization’s civility message, ask yourself, “Have I equipped them to succeed?” Don’t assume everyone knows how to be civil; many people never learned the basic skills.

Some leading companies offer formal civility training. Microsoft’s popular “Precision Questioning” class teaches participants to question their own ideas; develop approaches to healthy, constructive criticism; and act with emotional agility even in tense situations. At a hospital in Los Angeles, temperamental doctors are required to attend “charm school” to decrease their brashness and reduce the potential for lawsuits. The charm school teaches doctors that they must set the tone for their medical residents.

Paying attention to your team’s level of civility is worth the effort. It enhances collaboration and performance. Consider adjusting norms as needed or providing training if members are missing the mark.

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A Highly Effective Leadership Habit for Building Relationships

A Highly Effective Leadership Habit for Building Relationships | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
On my leadership journey, I’ve learned many formative and fundamental lessons about developing character, competence, performance, and relationships — 12 to be exact. Among the most important truths I’ve learned is that whatever behaviors we want to see manifested in others — we must start by modeling the desired behavior with our own actions. We can’t expect high-character, high-competence contributors if we are not sufficiently dedicated to being high-character, high-competence leaders.

One of the best ways I’ve found to lay the groundwork for building productive working relationships, and modeling desired behavior, is through a practice called Declaring Yourself (lesson 7 of my essential 12). This one highly effective habit jump starts our relationships so that we grow and achieve together with greater trust and more efficiency.

The premise of the practice is simple:  the people with whom you work are not mind readers. You can never assume they will understand your intentions. But you can be sure that, absent any other information to help inform their impression of you, they will carefully observe your behavior and make judgements about your character and competence. A narrative about who you are, and how you operate, will begin to emerge in their mind whether or not it is accurate. Likewise, an image about the other party will begin to take shape in your head, as the working relationship slowly develops. Oftentimes, productivity in this early stage of a working relationship is stagnant or slowed as both parties try to suss each other out, and solve the “puzzle” of who the other person is and how they get things done. Sometimes, the conclusions reached are inaccurate and other times misconceptions prevent one or both parties from efficiently advancing the goals of the enterprise.

Via Steve Krogull
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Rethinking Federal Diversion: The Rise of Specialized Criminal Courts by Christine S. Scott-Hayward :: SSRN

Over the last five years, there has been a proliferation in the federal system of front-end specialized criminal courts. Most of these courts are drug courts, b
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Teen coke dealer turns down chance to avoid criminal record

Teen coke dealer turns down chance to avoid criminal record | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Addressing the boy, Judge O’Connor told him a conviction would “leave you ruined for life” and damage his chances of employment or the chance to go to a number of countries.

However, the youth did not want to take the opportunity of taking part in the restorative justice programme.

Judge O’Connor told him that the options the court was left with were 10 community sanctions and a custodial sentence. 

He adjourned the case until a later date for a pre-sentence probation report to be furnished to the court. 
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RJ is not seen as the "easy" alternative on the street.
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Reasons to worry about Marshall | News, Sports, Jobs - Marshall Independent

Reasons to worry about Marshall | News, Sports, Jobs - Marshall Independent | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
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It’s Time to Talk About Restorative Justice | Seattle Weekly

It’s Time to Talk About Restorative Justice | Seattle Weekly | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The Red Square shooting raises important questions about how the judicial system can serve victims.
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Two Views on Extending Prop 57 from San Quentin - LA Progressive

Two Views on Extending Prop 57 from San Quentin - LA Progressive | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Extending Prop 57 -- Common wisdom says public safety requires continued incarceration of any violent criminal; common wisdom is wrong.
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Can mediation work for sexual abuse survivors?

Can mediation work for sexual abuse survivors? | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A world-first Australian program allows sexual assault survivors to speak directly with their abusers. But does it work?
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Return to Three Strikes? Aliso Viejo's Mayor Letter To The City

Return to Three Strikes? Aliso Viejo's Mayor Letter To The City | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Aliso Viejo's Mayor David C. Harrington writes this month on law and order in California.

This is Mayor Harrington's opinion on AB-109, Proposition 47 and Proposition 57. Three laws, relating to public safety and what it takes to be labeled a criminal in California.
Rob Duke's insight:
While we push hard for restorative processes and systems, we can't move so fast and without appropriate re-entry or adequate capacity.  To do so risks a backlash over an increased crime rate.  This has already begun in California as they were forced to dump 60k or more prisoners onto the streets without ANY preparation.  Two years later, the state finally caught up by passing decriminalization laws (Prop. 47) and, even later, developing re-entry programs. Crime skyrocketed (despite academics that claimed it had not) and now some political leaders are calling for a rollback on decriminalization laws.
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Woman who was glassed only received a ‘child-like apology’ as police tsar criticises force for using restorative justice

Woman who was glassed only received a ‘child-like apology’ as police tsar criticises force for using restorative justice | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

A woman who was glassed only received a "child-like apology" from her attacker as a police and crime commissioner (PCC) criticised the force for using restorative justice.

Cleveland PCC Barry Coppinger has championed restorative justice, which is sometimes used to bring victims and perpetrators together, but said his force was wrong to use it in this case.

Amy Tombs claimed she was glassed in the face by a woman in Lotus Lounge, near Stockton-on-Tees several weeks ago and reported it to police . 

Amy Tombs, 36, has branded restorative justice a joke after receiving a 'childlike' apology from her attacker CREDIT: NORTH NEWS / NNP 
She was sent the brief, hastily written note a week after she was hit in the face at the bar in Yarm.

The 36-year-old, who claimed she suffered a black eye and facial and chest abrasions in the attack, said the note "boiled my blood" and branded restorative justice a "joke".

The scrawled letter contains fewer than 20 words and is littered with poor grammar and punctuation.

Her 35-year-old attacker made a counter-claim of assault, and as there were no witnesses or clear CCTV, there was not enough evidence to pursue the case, said police.

Rob Duke's insight:
Vertical Justice would have likely resulted in a straight dismissal, which might have been best in this case.  Without Victim-Offender Mediation, there's was no real opportunity for reconciliation between these two combatants.
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Police sergeant and suspect share emotional moment at realizing they know each other at crime scene

Police sergeant and suspect share emotional moment at realizing they know each other at crime scene | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
"When you try really hard to give these kids a second chance and try to give them guidance ... I had a lot of high hope for this young man and it's just a really sad day for me," she said.

Kalor mentored the young adult in a youth-group program she helms at the police department called "Second Chance." There, she say the two developed a special connection.
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Panelists call for Restorative Justice to end violence

Panelists call for Restorative Justice to end violence | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Boston leaders spoke about the role of forgiveness in bringing peace across local communities.
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The Jury Is Still Out on the Effectiveness of Restorative Justice

The Jury Is Still Out on the Effectiveness of Restorative Justice | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
One study has found that New York City’s recent student discipline reforms have negatively affected campus climate.
Rob Duke's insight:
We get to review the Berkeley study on Fresno VORP in a couple weeks, then we'll see....preliminary reports are positive on every measure....
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What It Was Like to Negotiate With Martin McGuinness

What It Was Like to Negotiate With Martin McGuinness | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
I didn't forget that he was an IRA leader and that innocent people had died because of the choices he made. But I did see his commitment to making peace.
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