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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.
Curated by Rob Duke
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Neighbors from Hell: Problem-Solving and Housing Laws in the Netherlands by Michel Vols :: SSRN

Neighbors from Hell: Problem-Solving and Housing Laws in the Netherlands by Michel Vols :: SSRN | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Housing related anti-social behavior such as noise nuisance, harassment, hoarding, the cultivation of cannabis and small-scale drug dealing can have devastating
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How Philosophy Makes You a Better Leader

How Philosophy Makes You a Better Leader | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
An exercise to help you understand your behavior.
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Workers Don’t Have the Skills They Need – and They Know It

Workers Don’t Have the Skills They Need – and They Know It | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
But more schooling isn’t the answer.
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Transformational Leadership Survey

Transformational Leadership Survey | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A short survey designed to help you assess your Transformational Leadership skills.

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Rob Duke's curator insight, September 16, 12:12 PM

How well are you equipped to change an organization?

Pierre Galeon's curator insight, September 21, 2:49 PM

It is not necessarily in the genes you can work at it.

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Program: Canberra Reintegrative Shaming Experiments - CrimeSolutions.gov

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Something interesting from Australia.

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Jihadist friends and foes

Jihadist friends and foes | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A "mosaic chart" of Middle Eastern relationshipsTHE rise of Islamic State has upended geopolitics in the Middle East and drawn America's military back to the region....
Rob Duke's insight:

Seems like there ought to be some conjunctive interests in there somewhere for us to make some peace...

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A Focus on Process: Procedures to Address Disputes About End of Life Decisions by Katherine A Curnow, Lisa C. Toohey :: SSRN

A Focus on Process: Procedures to Address Disputes About End of Life Decisions by Katherine A Curnow, Lisa C. Toohey :: SSRN | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Making decisions on behalf of another person about their end of life care is inherently complex and emotional. When disputes about end of life decision-making d
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Ex-FBI Director to Probe NFL Handling of Ray Rice Investigation - NBC News

Ex-FBI Director to Probe NFL Handling of Ray Rice Investigation - NBC News | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Robert Mueller will try and find out what the league did and didn't know when it decided to punish Ray Rice for knocking out his then-fiancee.
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Open-Minded Listening by Jonathan R. Cohen :: SSRN

Open-Minded Listening by Jonathan R. Cohen :: SSRN | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Parties in conflict do not typically listen to one another well. On a physical level they hear what their counterparts say, but on a deeper level they do not t
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6 Management Lessons That Everyone Should Know. #2 Is Priceless.

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Rob Duke's insight:

And, now, for something completely different...

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Making Mediation Work in Guardianship Proceedings: Protecting and Enhancing the Voice, Rights, and Well-Being of Elders by Jennifer L. Wright :: SSRN

Making Mediation Work in Guardianship Proceedings: Protecting and Enhancing the Voice, Rights, and Well-Being of Elders by Jennifer L. Wright :: SSRN | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Guardianship law and proceedings have long been subject to challenge for their negative effects on the rights and the well-being of elders. The rapid increase
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Are Police More Damned Trouble Than They're Worth? - Reason.com

Are Police More Damned Trouble Than They're Worth? - Reason.com | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Modern police forces have become little more than a new set of predators from which the public needs protection.
Rob Duke's insight:

My great-grandfather was a cop and the stories I heard tell me that things never change much on the street (25 years later when I was a cop).  There are predators who see the rest of us as prey; and, the cops are, for most people, the only protection from these guys and the criminal organizations that they form.  The system is such, and has always been such, that if you follow every procedure, rule, policy and law, you would engage in enforcement paralysis.  As Kissinger once remarked, he rather naively thought it would be easy to advise a President.  What he found was that all the easy questions were answered out in the field in Wichita or Columbus and that the only questions that reached the President were the "damned if you do" types of problems.  Cops are faced with this same problem and the policy manuals don't help much in these situations, so it's all judgement calls.  Like Alexander, especially under fire, cops often cut the Gordian Knot, and, that is why I say, it's always been and always will be the same in that cops on the line between civilization and savagery are going to be warriors.  What we may be lamenting is the loss of a basic adherence to principles that uphold truth and human dignity before anything else.  Cops seem to have traded these values for security and justice, which are inferior versions of truth and human dignity.  Why has this substitution taken place?  For one, the courts have followed a due process, equal protection path for obvious reasons given America's race relations history.  But, frankly, it goes back to the Kissinger Paradox that I mentioned above, and the organizational tendency to think we can build a Weberian "iron cage" around every decision and social problem (recall that Max Weber worried that bureaucracy was ultimately too impersonal and would come to be an iron cage).  So, to the extent possible, I advocate throwing out the iron cage and the police "proverbs" that support the ideas of security and justice and create some new proverbs that uplift the values of truth and human dignity.  For more on this go to our webpage at uaf.edu/justice and read my working paper "The Proverbs of Police Administration".  Oh, and let me know what you think...

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Rodney Ebersole's comment, September 6, 10:31 PM
Interesting article that show what policemen have to deal with, but calling cops predators because they don't inform the public of their tactics seem wrong and crazy to me. I compare this to war times and the media telling us all what the military is going to do next. Why do we inform our enemies of our next move? Just as in the police arena, they can't tell the public everything or the public will simply avoid that action. However, telling the public about the cell phone trackers could benefit the police as more people may avoid cell phone use if they know they can be tracked at any time. Ultimately the police should do what is in the best interest of the public and for their safety, I can only imagine how hard it is to follow the rules, while making the best judgment call, while looking out for the victim, yourself and the police institution.
Mr. Duke, I read your paper and found your findings very important for modern police forces. The traditional guidelines do give way to confusion and possible contradiction for the police officer.
Karmen Louise Tobin's curator insight, September 11, 7:51 PM

Rob I will read your working paper for sure! :) Truth, values, and human dignity should be our core. It's neat to hear your perspective because you were a police officer. What would we be like if societies didn't have the deterrence of Police Officers? Just knowing that there is a 911 number we can call if we need help or there could be police anywhere or around any corner is a psychological deterrence. I believe having Police gives society the accountability even before we make a choice to break the law. I know that people are good and people are bad so to speak. There are amazing Police that hold these truths, values, as well as their human dignity but I also know that are those who do not. I believe it is good to be aware but not to become closed off to where all we see is bad and not see the good in people also.

 

Maria Hejl's comment, September 15, 2:42 AM
I found this article interesting. It's kind of like a trade off. We have a police force who protects us and deters people from committing crimes but then we have to deal with those who are corrupt within the policing system. Where would we be as a community without police officers to keep the peace. Thinking of the policing institutions and how they operate reminds me of the military and how they operate. Being a former service member you deal with those who are exemplary Soldiers and lead by example and are everything we stand for in the military and then you have those who corrupt the system. If we decided to shut down or disband the military based on those who are corrupt or put a bad stain on the force, where would we as a country be without a force to defend us. The same could be said about the police force but defending our communities at home. There is both good and bad in every organization.
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When Your Boss Is Too Nice

When Your Boss Is Too Nice | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Is your manager’s fear of conflict hurting your career?
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Apology, Forgiveness, Reconciliation, & Therapeutic Jurisprudence by Susan Daicoff :: SSRN

Apology, Forgiveness, Reconciliation, & Therapeutic Jurisprudence by Susan Daicoff :: SSRN | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
In 2010, public apologies underscored the power of contrition. Professional golfer Tiger Woods apologized for his marital unfaithfulness by saying, "I want
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School to Prison Pipeline Slowed in Los Angeles

School to Prison Pipeline Slowed in Los Angeles | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The “school to prison” practices that have become so common place in disciplinary practices in schools all across America are about to end in school districts in Los Angeles.
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You think you’ve got bills? Government could have fined Yahoo trillions of dollars

You think you’ve got bills? Government could have fined Yahoo trillions of dollars | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Proposed Justice Department fines could have bankrupted the company within a few months.

Via Bob Boynton
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Reintegrative Shaming; or profiteering?

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Bob Boynton's curator insight, September 15, 5:36 PM

Our government in action. Do not get in our way!

 

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Collaborative and Transformational Leadership in the Environmental Realm

Collaborative and Transformational Leadership in the Environmental Realm | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Collaborative and Transformational Leadership in the Environmental Realm. . ???aop.label???.

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Drug Court

Drug Court | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Insight into the Alcohol and Other Drug Treatment Court, an alternative justice model that is is helping NZers who are trapped in a cycle of substance abuse,...
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LEGO’s Girl Problem Starts with Management

LEGO’s Girl Problem Starts with Management | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Half the population is not a niche.
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I’m So Glad We’re Not Friends Anymore.

I’m So Glad We’re Not Friends Anymore. | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
10 signs it might be time for a friendship break-up.
Rob Duke's insight:

This list might inspire some questions to ask during a personal mediation...

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Mental health in the workplace: 'you've got to be blind not to take this seriously'

Mental health in the workplace: 'you've got to be blind not to take this seriously' | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Happier workforces are more productive and take fewer sick days, but offering meaningful support is easier said than done

Via Tim Pope, Jocelyn Stoller
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8 Qualities That Make Great Bosses Unforgettable | LinkedIn

8 Qualities That Make Great Bosses Unforgettable | LinkedIn | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
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The freedom found in restorative justice: The John Lash story

The freedom found in restorative justice: The John Lash story | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it


Two things contributed to John Lash’s purpose in life as a counselor: his time in prison and restorative justice.  

John Lash was born in Louisiana and grew up in Valdosta, Ga. His troubled youth led to his incarceration. He had spent almost 25 years in prison after being arrested at the age of 18. Lash was introduced to the practice of Buddhism, non-violent communication and restorative justice while in prison and quickly latched onto them.  

“I was a very angry young man, which directly played into my crime,” said Lash. “The changes I made through mindfulness practice were a lot about recognizing how my own story and what is going on in the world often doesn't match up with reality.”

Lash learned about the impact that language has in the internal world and its impact on others. He found solace in these practices and felt a need to share them with the other inmates, teaching them the non-violent skills that he was learning. In December 2009, Lash was released from prison. Upon his release, he wanted to complete his education in a field that utilized non-violent communication as well as restorative justice. Lash pursued a bachelor’s degree from Mercer University and a master’s degree in conflict management from Kennesaw State University.

 After some time, Lash decided to move to Athens, Ga. He wanted to bring his expertise and knowledge to his new home, so he Googled “Athens conflict” and stumbled upon the Georgia Conflict Center, where he applied to be an intern for the organization. Lash quickly progressed and became the executive director in 2013, taking over the position from former Athens Mayor Gwen O’Looney, who assumed the role in 2011 from the founder Elizabeth Loescher.

Elizabeth Loescher founded the center in 1987 in Denver, Co. After 15 years of managing the organization, she decided to relocate to Athens to continue aiding in bringing peace to the city. The Georgia Conflict Center has various programs for all ages including the Peacemakers group. This group meets for eight weeks at a time to discuss nonviolent communication skills. The center also offers this group to the Athens Diversion Center, a work release center that houses nonviolent and minimum-security inmates. 

The center mainly focuses on restorative justice, which is a theory of justice that emphasizes repairing the harm caused or revealed by immoral behavior. It focuses on the needs of the victim as well as the offender as an approach to justice. 

 “We are looking to induce an empathetic understanding between the person who has caused harm and the person who they have harmed,” said Lash. “We want to work with people, since they are the experts in their own conflicts. Usually people are trying to fix others or to punish them somehow. ”

Lash counsels many people who battle issues with communication. Annice Ritter was a participant in the recent Peacemakers group and Lash was able to help Ritter overcome a personal issue in her life by seeing the importance of nonviolent communication. 

“In the times we are living in, we need more non-violent communication,” said Ritter.

Nonviolent communication is a conflict-resolution process that has benefits for both parties in a conversation. Self-empathy, empathy for others, and honest self-expression are the three aspects of communication that create harmony among people. The Georgia Conflict Center has volunteer opportunities and encourages university students to get involved to help its members.

“Conflict exists in every aspect of a community - in schools, at work, at home,” said Leslie Jones, University of Georgia student and volunteer. “The Georgia Conflict Center has brought something to Athens that not many communities focus on, but all of them experience it on a daily basis. It provides members of our community with a safe space to explore conflict and discover new strategies of addressing it.”

Lash believes that the Georgia Conflict Center has the ability to make Athens a better place.

  “We empower people to take responsibility for themselves and their conflicts by connecting with their own power of choice and responsibility for their well-being,” said Lash. We also offer support to those in conflict that isn't aimed at ‘fixing’ anyone, but instead seeks to bolster their inherent ability to express and understand meaning in the least intrusive way.”

Looking back on his life, Lash is reminded that prison and restorative justice had a great impact on him and the course of his life. 

“I look at my life and it’s pretty miraculous,” said Lash.


Via Jim Manske
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FedEx Latest Company Slammed Over 'Independent' Employees

FedEx Latest Company Slammed Over 'Independent' Employees | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
For years, companies have increasingly created structures and mechanisms that turned people who once might have been employees into independent contractors, but courts and regulators have begun to more critically examine such relationships. The franchise industry was just shaken when the National Labor Relations Board chief counsel said that McDonald's [...]
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Rob Duke's comment, September 6, 10:41 AM
I was sitting in a fast food joint and overheard a Fed Ex driver talking about how he was a contractor and had four trucks total that he managed. Despite having four trucks, he was inquiring about what a manager made at the fast food joint because he felt Fed Ex had squeezed all the profit out of contracting with truck leases, insurance, and the benefit load that he took on by hiring three employee drivers. Very interesting.
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Forced to Unionize: Is this Cesar Chavez's Legacy? - Hit & Run : Reason.com

Forced to Unionize: Is this Cesar Chavez's Legacy? - Hit & Run : Reason.com | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Earlier this week, hundreds of employees from Gerawan Farms marched on the office of the Agriculture Labor Relations Board in Visalia, California
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