Alternative Dispute Resolution, Mediation, and Restorative Justice
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US Supreme Court Scolds Oklahoma Supremes for Discounting Arbitration Precedent - News - ABA Journal

US Supreme Court Scolds Oklahoma Supremes for Discounting Arbitration Precedent - News - ABA Journal | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The U.S. Supreme Court has ruled that a dispute over a noncompete clause must be heard by an arbitrator, as called for in an employment agreement, in an opinion that takes the Oklahoma Supreme Court to task for discounting federal precedent.
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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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Las Vegas program’s goal: Reducing homeless residents’ jail time in petty crimes

Las Vegas program’s goal: Reducing homeless residents’ jail time in petty crimes | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A new initiative is aimed at keeping homeless people cited for petty crimes in the Las Vegas resort corridor from having to spend lengthy periods in jail.
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City School District suspensions down sharply

City School District suspensions down sharply | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Student suspensions in the Rochester City School District were down 38 percent in the first three months of the school year, continuing a promising trend as the district commits more attention to the problem of heavy-handed student discipline.

There were 1,905 suspensions issued from September to November 2016, compared with 3,073 in 2015 and 4,313 in 2013.

There was also a large drop in the number of weapons found or confiscated: 44 in 2016, compared with 154 in 2015.

In a presentation to the school board's Excellence in Student Achievement committee in December, Deputy Superintendent Kendra March attributed the improvements to the continuing roll-out of restorative justice practices and the institution of "help zones," where students can spend a few moments to collect themselves before they do something they'll regret.
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King County has spent close to $1M fighting bias lawsuit at sheriff’s office

King County has spent close to $1M fighting bias lawsuit at sheriff’s office | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A lawsuit that accuses the King County Sheriff’s Office and some of its top administrators of bias and an array of other allegations has cost county taxpayers nearly $1 million in private attorneys’ fees and additional expenses, with the tally continuing to rise as the case heads toward trial.

The bulk of money spent to date to defend against the suit brought by one current and two fired sheriff’s deputies — about $837,000 — has been paid to Winterbauer & Diamond, a Seattle law firm specializing in employment and labor law, according to an accounting provided this month by the King County Office of Risk Management.
Rob Duke's insight:
An ADR/Mediation system would have been cheaper in the long run....
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7 Warning Signs Your Potential Employer Has a Toxic Culture

7 Warning Signs Your Potential Employer Has a Toxic Culture | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Save your sanity and don't ignore these danger signals in the interview process.


1. Your future boss speaks poorly about current staff in the interview. In the interview with my prospective boss, he was very negative towards his current team in the way he talked about them. He used flattery towards me while at the same time putting down the competency of his current team. Consider this quote from Gregg Stocker, author of Avoiding the Corporate Death Spiral: Ask what the company's problems are and what their causes might be. If the answers to these questions consist of blaming others in the organization, especially those on his or her team, the person lacks trust in others. 


2. Your future boss comes across as a narcissist. If your boss keeps talking about how great he or she is during the interview, it might be a sign of self-absorption. Working for a self-absorbed boss ensures that your work will go largely unnoticed and he or she will use every opportunity to take credit for any of your successes, without giving you the credit deserved. 


3. The interviewer is late. The second interviewer was a senior manager. He showed up 15 minutes late for the interview. This individual appeared disorganized, and it seemed like he had not even reviewed my résumé before the meeting. I was struck by just how unprofessional the interviewer was. 


 4. The company has a history of high turnover. Make sure to do some research regarding the turnover rate for not only the company you are applying for but also the specific position. A good starting point is Glassdoor.com. It will enable you to see what the company's current and former employees are saying anonymously. If you want to take it a step further, you could even do an advanced search on LinkedIn to find employees in your position and reach out to them for feedback. Most people are happy to help out, and if you're headed for a train wreck, they will gladly give you a heads up. To my credit, I did do research. However, once again, I ignored the warning signs. 


 5. They put a lot of pressure on you to take the position. In my case, my prospective employer put a lot of pressure on me to take the job. It was like they were trying too hard to close a deal. I got emails and phone calls practically begging me to go to work there. Then they put an aggressive deadline on me that forced me to make a decision much faster than I was comfortable with. 


 6. You're not sure if your values align with the company. If, after going through the interview process and doing research on the company, you are questioning the company's values, think long and hard about whether or not you will be able to be happy working at a company where your personal values may conflict with the company's way of doing business. Weigh how much of a conflict it will be, and whether or not it is worth the compromise you would have to make. Trust your gut on this one. Initially, I got a bad feeling regarding this company's culture. I talked myself into thinking otherwise by rationalizing their poor behavior. 


 7. The offer letter contains errors. When I received my offer letter, it was $5,000 less than what had been offered to me over the phone. I quickly pointed out the discrepancy to their HR coordinator and they fixed it. However, again, this was a sign of things to come in regard to the way it did business, not only with its employees but its customers as well.

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Steven McDonald, paralyzed police officer who forgave shooter, remembered as 'superman'

Steven McDonald, paralyzed police officer who forgave shooter, remembered as 'superman' | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Steven McDonald, a police officer best known for forgiving a teenage gunman who left him paralyzed in 1986, inspired New York City by choosing a spiritual journey over self-pity and spite, Mayor Bill de Blasio and others said Friday.

McDonald's "road on his earth was not easy but he showed us what we need to know," de Blasio told McDonald's widow, Patti Ann, police officer son and other mourners packed into St. Patrick's Cathedral for Friday's funeral. "Now we have an obligation to tell his story across this city and all across his nation, especially at this time."

The officer was a role model at the New York Police Department, the nation's largest, Police Commissioner James O'Neill said in his eulogy.

"What we can learn from Steven's life is this: The cycle of violence that plagues so many lives today can be overcome only by breaking down the walls that separate people," O'Neill said. "The best tools for doing this, Steven taught us, are love, respect, and forgiveness."
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Black students twice as likely to be suspended in Syracuse despite discipline overhaul

Black students twice as likely to be suspended in Syracuse despite discipline overhaul | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Syracuse schools cut its suspensions in half, but black students still account for a disproportionate share of suspensions.
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Ex-Cons Share The Very First Thing They Did When They Left Prison - Suggest.com

Ex-Cons Share The Very First Thing They Did When They Left Prison - Suggest.com | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Convicts spend years in prison. Prison is loud, compact, and feels like you're in another world full of the worst of humanity. So what goes through the mind of a convict the moment they leave prison? What do they do? Go inside their mind by reading this and you'll know!
Rob Duke's insight:
The often surprising first steps for people whose lives were on hold....
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The Right Kind of Conflict Leads to Better Products

Oysters and alliances have something in common: a little irritation can produce a thing of beauty. When partners in an alliance come into conflict, it can be just what is needed to produce a technically and commercially successful product.

Eli Lilly and Company measures the health of its alliances with a “Voice of the Alliance Survey.” Members from each partner organization rate the alliance in areas related to strategic fit, operational fit, and cultural fit. Sample questions include: “Knowledge and information from our partner is freely shared with us” and “Our partner openly listens to our ideas and opinions.” Lilly recently analyzed fourteen years of data to understand the relationship between the health of these alliances (as evidenced by the ratings on the survey) and the technical and commercial success of the products on which they worked.

The results were fascinating.

When the Lilly employees in the alliance were irritated with the partner, there was an increased probability of technical and commercial success. It wasn’t that they didn’t like their partners; they typically held them in high regard. What distinguished successful from unsuccessful alliances was more of a “productive” irritation — creative tension between differing ideas about how to develop alliance products – reflected in disagreements about the strategy and tactics of how best to develop a particular molecule. Even more interesting, there was no relationship between how the partner viewed the alliance and future success. What mattered in forecasting success was how Lilly people viewed the alliance.

Here’s an example. Lilly and its alliance partners might differ in how to design a clinical trial. These design differences have significant resource implications for both organizations. Tensions are often high as experts from both sides argue the merits of each other’s ideas. Professional opinions clash and irritation results as both parties struggle to make the best decision. It is this kind of irritation that forecasts later technical success, according to fourteen years of survey data.

Why does this happen? Enrique Conterno, Senior Vice President and President, Lilly Diabetes, sums it up well. “Nothing great is achieved without some conflict. Conflict sharpens the senses; it invites full engagement in solving important problems. However, you must create more light than heat when you engage in conflict. Heat degrades the substrate of innovation, while light catalyzes it.”

This idea that disagreement and conflict between groups can be productive is not new. We see similar findings in research looking at individual work teams. For example, the research of Amy Edmondson and Alicia Tucker in hospital emergency rooms shows that the failure to speak up can lead to medical mistakes with disastrous consequences. Similar failures among cockpit crews can lead to airline crashes. Finally, there are countless examples of business misconduct among corporations where employees were aware of misconduct but they simply did not feel comfortable speaking up and reporting it. Creating an environment where team members feel “psychologically safe” to speak up and share their point of view can dramatically improve the effectiveness of these kinds of teams. Lilly’s research shows these same effects can happen between members of alliance innovation teams.

The managers in charge of these alliances caution us, however, that a positive relationship between irritation and success does not mean that you should be looking for opportunities to create just any conflict. The beneficial irritation is respectful conflict on the most pivotal issues to the project.

Leaders can enhance the value they get from alliances using various strategies that reap the benefits of conflict:

Focus on the areas of risk that produce the most productive conflict. Lilly trains its alliance managers to look at risk as the precursor to conflict, as parties typically engage in conflict as a method of reducing or controlling alliance risk. They regularly see three common types of risks: human risk – the sum of the positive or negative affinities of people working in an alliance, weighted more heavily towards those leaders that govern the alliance; business risk – all of the factors related to getting a product or service to market made easier or more difficult due to the partnership; and legal uncertainties – the risk that is created by writing a contract that cannot possibly foresee all of the future obstacles and issues that will need to be surmounted by the alliance. Conflict in each of these areas is interconnected and is found in every alliance.

Focus your conflict-management resources where it matters most. In the pharmaceutical industry, the conflict surrounding a clinical trial design, for example, represents a value inflection point where managed or mismanaged conflict will yield disproportionate value creation or destruction. These clinical trials require thoughtful design and involve high levels of disagreement and conflict even without an alliance partner and logarithmically more disagreement and conflict with an alliance partner. Identify clearly where value is created and destroyed in your own value process and deploy your conflict management/alliance management resources there. During one alliance that was mired in conflict while designing a very complicated $200M clinical trial, Lilly and its partner agreed to use both alliance management and decision science experts to help the group work through the complexity and the conflict.

Train key alliance personnel to listen and make space for disagreement and conflict. Lilly trains its alliance managers to use structured empathic listening, a manner of listening and responding to others that improves mutual understanding and trust. This skill is borrowed from couples’ therapy and allows each party to be heard and understood, without having to necessarily agreeing to what is heard and understood. Lilly alliance managers report that conflict “heat” becomes “illumination” when partners truly listen to each other: “Although it seems counterintuitive, slowing down a conflict to allow time for listening to each other actually saves time in the long run.” At Lilly, escalated alliance issues are strongly encouraged to be presented jointly. The disputants need not agree with each other, but they must agree that their joint presentation accurately reflects their disagreement. This aligned presentation often catalyzes quick and healthy issue resolution.

Establish an alliance management function. If resources allow, the formation of such an area within your organization will increase the chances of alliance success. Task the alliance management team with creating greater value by learning how to build, maintain, and unwind alliances efficiently and effectively – and train them in spotting and encouraging productive conflict. An alliance management department can be both a repository of information and experiences, as well as a champion for the organizational learning that comes from forming alliances, where each company can benefit by learning from and emulating the best that their partners have to offer. Lilly’s Office of Alliance Management was established in 1999 and has published over twenty articles, focused on the “How To’s of Alliance Management” which can be used as resources for the successful implementation of such a functional area. The Association for Strategic Alliance Professionals, a cross- industry organization dedicated to advancing the skills of alliance management professionals, offers a variety of tools and educational and developmental opportunities to support your efforts.

Particularly with partners, we often try to avoid conflict to avoid irritation. But too little irritation risks failing to create the pearls of wisdom that good conflict can produce. Leaders should look beyond irritation to the benefits of the right kind of conflict, even seeking to create good conflict at the most pivotal value and risk inflection points. An oyster takes up to 24 months to culture a grain of sand into a pearl; but with careful alliance structures, active listening, and other techniques suggested above, leaders can much more quickly use alliance conflict as a source of significant value.
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Mayor, judge clash over enforcement of quality-of-life citations

Mayor, judge clash over enforcement of quality-of-life citations | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Mayor Ed Lee is at odds with the top judge in San Francisco Superior Court over whether homeless people and others who commit so-called “quality-of-life” offenses should be let off the hook after failing to appear in court.

While discussing solutions to homelessness for adults with histories of drug abuse or mental illness Friday with reporters, the mayor said he would order San Francisco Superior Court judges to enforce quality-of-life citations.

“We need to have the court system involved with us,” Lee said. “Police, public works, human services can’t do this part alone. I’m going to require the courts not to summarily dismiss citations.”



In October, the courts dismissed thousands of warrants for people who failed to appear in court on citations for peeing in public or sleeping in the street, for instance.

“We need to surround individuals we know have problems and we need to circle them with a disciplined compassion,” Lee said.

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LA County Deputy DA Assails Danger of "Affordable Bail Act" Reform

LA County Deputy DA Assails Danger of "Affordable Bail Act" Reform | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
By Sandy Wells
KABC News

California state lawmakers are looking at reforming the bail system to help low-risk, low income suspected criminals stay out of jail, where, because of the overburdened court system, they are apt to languish, possibly losing their job and housing. Assemblyman Rob Bonta
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After a Crime, the Price of a Second Chance

After a Crime, the Price of a Second Chance | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A program called diversion was supposed to spare low-level offenders the ruinous consequences of a criminal record. Then money got in the way.
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Qualitative research request - Restorative Forum

Qualitative research request - Restorative Forum | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Hello, thank you for adding me to the forum. I am a year 3 undergraduate with the Open University, currently studying DD307 Social Psychology: critical
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Do Restorative Justice services fail the diversity test? - Restorative Forum

Do Restorative Justice services fail the diversity test? - Restorative Forum | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Hi all, I recently came across an article on The Justice Gap, which I have reproduced here (https://www.restorativeforum.org.uk/articles/3517-is-there-institutional
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Expanded restorative justice programs offer young offenders an escape from life behind bars

Expanded restorative justice programs offer young offenders an escape from life behind bars | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Alternatives to traditional sentencing aim to reduce recidivism, racial inequities in justice system
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Schools work to be more equitable about discipline

Schools work to be more equitable about discipline | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
News, voices and jobs for education professionals. Optimized for your mobile phone.
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In Juneau, a ‘year of kindness’ started by police department gains momentum

“We hope to just build this avalanche of kindness,” said Juneau Police Department Lieutenant Kris Sell, who came up with the idea as 2016 was coming to a close.
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Planning underway for Prop. 47 funded program

Planning underway for Prop. 47 funded program | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

Utilizing savings from Proposition 47, Yolo County officials are busy crafting a new restorative justice program with a little help from the community. Exactly who will be served by this program and its overall reach were among the questions raised during a presentation earlier this week, which welcomed feedback from county residents on what services they would like to see. Similar meetings were held in Woodland and West Sacramento. Specifically, the county is going after a $6 million grant — distributed over three years — funded by savings garnered by Prop. 47 and distributed by the California Board of State and Community Corrections. Approved by voters in November 2014, Prop. 47 calls for treating offenses such as shoplifting, forgery, fraud, possession of small amounts of drugs and petty theft as misdemeanors instead of felonies with the aim of decreasing jail populations, or at least saving the space for those who committed more serious crimes. One of the concerns in terms of drug offenses in particular is that individuals with substance-use disorders would be less likely to get treatment, and more likely to reoffend, creating what Yolo County District Attorney Jeff Reisig has called a “revolving door for low-level arrests.” Two years after its passage, Prop. 47 now presents an opportunity to offset this through program funding. From the start, one of the proposition’s promises was that statewide savings from the measure would one day help fund rehabilitation efforts to help keep people out from behind bars. This would include programs that offer mental health services, substance-use disorder treatment and diversion opportunities, along with housing and job-skills training. Now, Yolo County officials are at work designing the perfect program, poised to finalize their grant proposal by the fast-approaching deadline.

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Police, Tulsa Public Schools launching program to connect officers with students

Police, Tulsa Public Schools launching program to connect officers with students | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Tulsa police are planning a program to connect with youth at schools in an effort to dispel negative stereotypes of law enforcement.
The program, a partnership between the city and Tulsa Public Schools, is dubbed Project Trust. It will start with informal meetings between police officers and about 15 students to talk about issues that young people face, Deputy Police Chief Jonathan Brooks said.
Brooks and others showcased the project, sponsored by City Councilor Karen Gilbert, for other city councilors on Wednesday.
“They are our future,” Brooks said of the students. “To protect the future of our community and our city, we felt it was important to work with them. That’s what this project is really all about.”
Brooks said the object is to establish early relationships with children through their schools. That relationship can help officers understand the problems faced by Tulsa youths and improve students’ perception of police.
Police plan to survey students about their views of police officers before the program and afterwards. Brooks said that data will help police officers understand how they are perceived and how they can improve.
The effort will begin as a pilot program at McLain High School, 4929 N. Peoria Ave., after school on Jan. 23. Police plan to expand the project over time, with hope of eventually having ongoing programs throughout the district.
City Councilor Phil Lakin asked that Tulsa Police Department officials consider expanding the program to all Tulsa school districts in the future to include Union, Jenks and others.
The program will start out small with few resources required, but Brooks said he hopes some grant funding can be acquired later to help fund the effort and expand it.
“This will take time to develop,” he said. “This is theoretically a pilot project. We’re going to have to make adjustments to make it more beneficial. Once we have a repeatable process, then we can start going district wide.”
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10 years after Tokhang: Options for transitional justice and reconciliation

10 years after Tokhang: Options for transitional justice and reconciliation | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Ica Fernandez imagines the year 2032, when the kin of the victims of President Rodrigo Duterte's war on drugs seek reparation. What would transitional justice look like?
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20 People Reveal The Dumbest Rules At Their Jobs - RateMyJob.com

20 People Reveal The Dumbest Rules At Their Jobs - RateMyJob.com | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Bad jobs are one thing, but jobs with extremely stupid or ridiculous rules are even worse!
Rob Duke's insight:
These all sound like rules that responded to a particular set of circumstances.  Good mediation would have been a better solution than the "punish the class" approach.
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Alabama Prosecutor Sets the Penalties and Fills the Coffers

Alabama Prosecutor Sets the Penalties and Fills the Coffers | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
In the city of Dothan, one man’s grip on the criminal justice system has exacted a steep price for many.
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A tale of CRJ gone awry.....The prosecutor gave his son's friend pre-trial diversion, but not for a minor crime: he shot up a party and fled the scene (with the D.A.'s son driving the getaway car).
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Councilman: Don't Force LA Businesses To Hire Felons

By Sandy Wells
KABC News

The City of Los Angeles has jumped into a huge mess as it tries to offer convicted felons a second chance in life by forcing businesses to initially overlook criminal histories on job applications.

Mitch Englander was the only councilman to vote against the ordinance
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California Lawmakers Want to Reform a Bail System They Say ‘Punishes the Poor for Being Poor’

California Lawmakers Want to Reform a Bail System They Say ‘Punishes the Poor for Being Poor’ | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
California lawmakers next year will make it a top priority to reform the system through which judges award criminal offenders bail, saying courts across the state are punishing “the poor for being poor.” Assemblyman Rob Bonta and Sen.
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Victims of child sexual abuse and restorative justice - Restorative Forum

Victims of child sexual abuse and restorative justice Author: Jon Collins Date: 5 December 2016 Last week the Independent Inquiry into Child Sexual Abuse
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Understanding and engaging informal justice (PDF) - Restorative Forum

Understanding and engaging informal justice Shared by: Manon Tiessink Project Officer Knowledge Platform Security & Rule of Law Location: Netherlands
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