Alternative Dispute Resolution, Mediation, and Restorative Justice
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How to Break the Mold and Be an Independent Thinker

How to Break the Mold and Be an Independent Thinker | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Three tips to help you think independently and come up with creative solutions.

Via Professor Jill Jameson
Rob Duke's insight:

As mediators, we're hired not just to be the third side, nor to just facilitate the dispute in non-violent or other negatives ways; but, we're also there to help the disputants unlock their own potential to create joint solutions that empower parties (equalize power) and recognize the humanity in the other party's interests.  We should have giant toolboxes with many different types of tools.

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donhornsby's curator insight, July 15, 2013 8:08 AM

(From the article): Take the bird's eye view. 


When you're trying to solve a problem, zoom out to see variables that others might overlook. "Thinking about the bigger picture takes you out of the familiar way of thinking about the problem," Markman says. Ask yourself, what is the purpose of solving this problem? What would happen if I succeed? And how can I find a solution that makes that outcome work?

For example, Thomas Edison saw that houses would need to be wired for electricity if people were going to buy lightbulbs. To send power over long distances, you need a high voltage bulb. Edison was the only inventor who realized this, so he was the one who made history.




Rob Duke's curator insight, August 14, 2013 2:50 PM

It's easy to say: "I don't make policy"; but, creativity can solve problems for people.  When I was a Chief, my unofficial mission statement was: you call, we come, problem solved.  This encouraged creativity and made it difficult to give the excuse that "I just follow orders."

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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537: Negotiating With A Liar by HBR IdeaCast | Free Listening on SoundCloud

SoundCloud is an audio platform that lets you listen to what you love and share the sounds you create.
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At Strawberry Fields, Feuding Musicians Give Peace a Chance

At Strawberry Fields, Feuding Musicians Give Peace a Chance | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Buskers at the memorial to John Lennon in Central Park seem to have found a precarious harmony after years of fighting over who got to perform and when.
Rob Duke's insight:
Nils Christie asserts that there's value in conflict and that we shouldn't assume that the value belongs to the vertical justice system.  Elinor Ostrom's work suggests that there's better hope in trusting to horizontal systems (though the threat of intervention by the vertical system may be useful).

In this case, the cops probably practice a "I don't care who's right" philosophy and make everyone leave, thus the musicians have figured out an effective system for themselves and captured all that value.
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Baltimore cops pressured to police differently, but also begged to clear the corners

Baltimore cops pressured to police differently, but also begged to clear the corners | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
They’d come to the same church on the same night to confront the same dilemma facing this city’s beleaguered police department. But what they wanted from the police couldn’t have been more different.

Eight days had passed since the Justice Department issued a scathing review of the Baltimore Police Department, detailing years of racial discrimination in its law enforcement practices.

Yet the 40 or so longtime residents who gathered in a West Baltimore church basement on this August night — many of whom were older black women afraid to walk to the store or leave their homes at night — had come to urge police to clear their corners of miscreants and restore order to their crime-plagued community.
Rob Duke's insight:
Ah yes, which public do we serve?

This is why we study the macro tools of horizontal justice.  In a few weeks you're going to unpack these ideas about how we conduct the public business.

Elinor Ostrom discusses the benefits of the horizontal system rather than having everything forced by a vertical power.
Nils Christie asserts that the value in conflict shouldn't be wasted in the vertical system, but should be captured by the local community....
Ron Coase shows us that it matters not what institutional rules you set up, because the "market" or public find the most efficient ways to operate (but you may not like the unintended consequences...)
Kenneth Arrow cautions about public choice that we should be careful about where we begin because that dictates where we end up....
March, Price, and Olsen equate public policy as a garbage can.  Sometimes you can anticipate problems and prepare contingency plans that fit when crises present "windows of opportunity", but if you open the garbage can lid, it would be hard to interpret what's happening at any given time.  From my years as a City Manager, I can attest that that can certainly be the impression, however, chaos can be managed (as Doug Kiel explains), but we need to read John Kingdon to really understand the pieces of the puzzle.
Kingdon shows us that the 3 components are:
Problems:
People: (smart, and engaged enough in the problems to work together); and
Policy: implementation of the ideas.
I've seen this in action with many city and justice projects.  I'll give you some of these examples in the classrooms.
Now how about process?
Kotter & Lawrence show in their study of big city mayors that the most successful mayors spend their time one three tasks related to four main focal points (Network; Agenda; Org. Structure; and Domain/Jurisdiction/Turf):
1. Network Building: inviting interest holders to participate and then engaging them so they build interest and commitment (and also expanding your legitimate turf);
2. Agenda Setting: building consensus so that you know what to accomplish; and, finally...
3. Task Accomplishment.
In my City Manager job, this had an eb/flow immediately after board meetings; then I communicated the marching orders to staff (with a big staff meeting where I was also building network and setting agenda) and getting about the business of task accomplishment.  This included going out in the community and soliciting input and inviting parties back to the "big" conversation.  We also saw a surge of activity just before the big board meetings as everyone crammed in order to be ready for the meeting.
Once you have a meeting, you either need a mayor who can build consensus and exercise Smart Power (see Joseph Nye's work for discussion of how this is done) or you need a visioning process (often accomplished using a contracted mediator or facilitator).  In the visioning process you use group consensus tools such as the Crawford-Slip Method to ensure that all citizens have an opportunity to participate--even if they choose not to do so.  Couple all of this with a set of public employees who attempt to ensure that equity is pursued above efficiency, economy, and effectiveness (see H. George Fredrickson, Dwight Waldo, and Chester Newland for more on this conversation); and you've got a machine that can probably accomplish something despite the "garbage can".

That's also the messy way that you answer, which public do I listen to?
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Sheriff on Alabama's mental health crisis: 'It all falls back on the jails'

Sheriff on Alabama's mental health crisis: 'It all falls back on the jails' | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Three initiatives are underway in north Alabama – all dramatically different, all seeking the path to provide the help mentally ill people need and no consensus to guide them.
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Police stage social media 'real-time' calls initiative

Police stage social media 'real-time' calls initiative | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Leicestershire Police posted messages and images in real time across a range of social media channels about incidents attended by teams of officers who are based in Loughborough but cover the whole of North West Leicestershire.
Rob Duke's insight:
This is an interesting experiment in flattening the police structure to function more on the horizontal level.
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Joint Letter: AFR and 280 Allies Strongly Support CFPB Action Against Forced Arbitration - Americans for Financial Reform

"The undersigned... organizations strongly support the Consumer Financial Protection Bureau (CFPB)’s proposed rule to limit pre-dispute binding mandatory (or forced) arbitration clauses in consumer finance contracts. The CFPB rule, which will restore consumers’ ability to band together in court to pursue claims, is a significant step forward in the ongoing fight to curb predatory practices in consumer financial products and services and to make these markets fairer and safer. "
Rob Duke's insight:
The other side to too much horizontal justice is the feeling that the movement is hijacked by corporate interests.  While mediation and other horizontal systems tend to reserve conflict (and the value hidden in conflict) to the local community, it can also be seen to shield some from the wider condemnation that would likely arise if their "crimes" were to become public.

Does this make sense?
How do we protect against these injustices?
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'We Felt We Weren’t Qualified To Be Making These Decisions'

'We Felt We Weren’t Qualified To Be Making These Decisions' | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A former corrections officer talks about her frustration with the lack of mental health care in jails.
Rob Duke's insight:
See David Rothman's excellent history of mental health in the U.S. in "The Discovery of the Asylum".
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Bill to allow more felons to vote heads to Jerry Brown

Bill to allow more felons to vote heads to Jerry Brown | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The California State Senate gave final approval Tuesday to legislation that would restore voting rights for tens of thousands of felons not in prison or on parole.
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It’s Children Against Federal Lawyers in Immigration Court

It’s Children Against Federal Lawyers in Immigration Court | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Since October 2004, more than half of children who did not have lawyers were deported, while only one in 10 children who had lawyers were sent back.
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The Anchorage residents who work overtime to prevent crime in their neighborhoods

The Anchorage residents who work overtime to prevent crime in their neighborhoods | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
More than a neighborhood watch, but not cops, how regular people are helping maintain law and order on their blocks.
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Williamson County Veterans Court to receive $104K in state...

Williamson County Veterans Court to receive $104K in state... | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
None
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Sailor Denied 'Clinton Deal', Gets 1 Year in Prison for 6 Photos of Sub

Sailor Denied 'Clinton Deal', Gets 1 Year in Prison for 6 Photos of Sub | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
A former Navy machinist mate who admitted taking photos inside a nuclear submarine was sentenced to a year in prison Friday, with a federal judge rebuffing a request for probation in light of authorities deciding not to prosecute Hillary Clinton for mishandling classified information on a private email server as secretary of state.

Kristian Saucier’s attorneys argued in a court filing last week that Clinton had been "engaging in acts similar to Mr. Saucier" with information of much higher classification. It would be "unjust and unfair for Mr. Saucier to receive any sentence other than probation for a crime those more powerful than him will likely avoid," attorney Derrick Hogan wrote.

U.S. District Judge Stefan Underhill sentenced Saucier to one year in prison and a $100 fine, along with six months home confinement, 100 hours of community service and a ban on owning guns, his legal team says. Prosecutors had asked for six years behind bars.
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Private Prisons Aren’t Going Anywhere Despite DOJ Decision

Private Prisons Aren’t Going Anywhere Despite DOJ Decision | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Private Prisons Aren’t Going Anywhere Despite DOJ Decision
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Nils Christie death 2015 restorative justice

Nils Christie death 2015 restorative justice | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
With great sadness we learned that on 27 May, 2015, Nils Christie unexpectedly passed away at the age of 87.
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Greg Mankiw's Blog: Elinor Ostrom in the news (sort of)

Greg Mankiw's Blog: Elinor Ostrom in the news (sort of) | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
This article in the today's NY Times discusses how musicians who play near the site where John Lennon died have had trouble managing the common resource of a strategically placed park bench. Currently, however, they have worked out an informal arrangement that appears to work well. The article reminded me of the work of Elinor Ostrom, who was awarded  the Nobel Prize in part for her work on self-governance of the commons.
Rob Duke's insight:
Interesting analysis by this economics professor.  This is exactly the type of application of Ostrom's work that I've been advocating.
Incidentally, my mentor at USC (Chet Newland) was one of Ostrom's early friends/mentors and through Chet, I was introduced to her work.
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Successful transition from prison takes 'a thousand little investments,' ex-offender tells professionals

Successful transition from prison takes 'a thousand little investments,' ex-offender tells professionals | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
Addressing criminal justice and human services professionals Wednesday, former offender Kenny O'Rourke says his recovery and successful transition from prison was due to thousands of "little investmen
Rob Duke's insight:
This doesn't begin at release, but at the very beginning:
Community policing;
Dispute resolution and mediation in the community;
Circle Sentencing;
Prison programs (ed, jobs, counseling);
Reentry programs (see Scandinavia for ideas of best practices).
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Seattle could open housing for homeless where it’s OK to use heroin

Seattle could open housing for homeless where it’s OK to use heroin | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The Heroin Task Force formed by Seattle Mayor Ed Murray and King County Executive Dow Constantine has endorsed the creation of safe-consumption sites for addicts, which would be a first in the U.S.
Rob Duke's insight:
An example of treating drug abuse as a health problem...harm reduction over ineffective incarceration policy....
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Judge sides with Indian tribe in lawsuit against Sheriff's Department

Judge sides with Indian tribe in lawsuit against Sheriff's Department | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
An Indian tribe whose reservation is on sovereign land within San Bernardino County has won a round in court against the Sheriff’s Department and the District Attorney’s Office.
On Aug. 16, U.S. District Judge Dolly M. Gee granted the Chemehuevi Indian Tribe’s request for a preliminary injunction against the county, barring deputies from citing tribal members on the reservation on suspicion of failing to register their vehicles, failing to provide proof of insurance or driving on a suspended or revoked license, according to court records.
A lawsuit filed in July 2015 says that deputies, despite lacking jurisdiction, cited four tribal members driving on the reservation. The lawsuit contends that portions of the Vehicle Code cannot be enforced on reservations and asks that a judge order the sheriff's deputies to cease the practice.
The Chemehuevi Indians live in the Mojave Desert along the Colorado River basin.
Rob Duke's insight:
Tribes are increasingly recognized as reasonable arbiters of their own justice systems.
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To stop them becoming terrorists, Italy is giving teens €500 to spend on high culture

To stop them becoming terrorists, Italy is giving teens €500 to spend on high culture | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The Italian government has a nice present for the teens in the country celebrating their 18th birthday this year—€500 ($566) to spend at theatres, concerts, and museums. The scheme starts on Sept. 15 and will benefit around 575,000 teenagers. It was first announced last year in response to the deadly Paris terrorist attacks. The governmen
Rob Duke's insight:
Joseph Nye argues for a mix of Hard Power (military/police) and Soft Power (diplomacy/hearts & minds programs) to make up something called Smart Power....

The Justice system can adopt these ideas to be more effective...
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'She Was Afraid To Go Back To Jail'

'She Was Afraid To Go Back To Jail' | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The story of Athena Covarrubias, who hanged herself in a Texas jail last year.
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Community Voice: Here's why your sheriff cares about school attendance

Community Voice: Here's why your sheriff cares about school attendance | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
As the sheriff of Kern County, it is my responsibility to keep the citizens of and visitors to Kern County as safe as possible. Although truancy may seem to be an issue for schools to address, it is also an issue that each one of us in Kern County should be concerned about. Truancy has been linked to serious delinquent activity, as well as negative behavior displayed by adults later in life. Unexcused absences have been associated with substance abuse, gang activity, and other “quality of life” crimes such as burglary, vandalism, and thefts. Additionally, adults who missed school as juveniles are found to have a higher likelihood of lower paying jobs, living in poverty, relying more on public assistance, and being incarcerated.
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Virginia’s McAuliffe to announce restoration of voting rights to 13,000 felons

Virginia’s McAuliffe to announce restoration of voting rights to 13,000 felons | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The move comes a month after a GOP lawsuit blocked the Democratic governor’s first attempt at a sweeping clemency order.
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California crime measure triggers 52,000 fewer arrests

California crime measure triggers 52,000 fewer arrests | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it

SACRAMENTO, Calif. (AP) — A 2014 California voter-approved initiative that reduced penalties for certain drug and property crimes has led to the lowest arrest rate in state history as police frequently ignore those illegal activities, experts say.

Proposition 47 lowered criminal sentences by reducing them from felonies that can bring long prison sentences to misdemeanors that instead bring up to a year in jail.

Recent state Department of Justice statistics show the number of felony arrests plummeted 28.5 percent last year, while misdemeanor arrests rose about 9 percent over 2014. That resulted in 52,000 fewer arrests overall and the lowest arrest rate since record-keeping began in 1960.

"It's really driven by changes in drug and property arrests," said Public Policy Institute of California researcher Magnus Lofstrom, who studies the issue. "I think it's quite clear that Prop. 47 is the major contributor to the changes we've seen."

Last year's decline in arrests, with the fewest felony arrests since 1969, is part of a long-term decline dating to the 1980s that has been spurred by the law as well as crowded jails and fewer police, Lofstrom said.

It's too soon to say whether the changes are helping spur rising crime rates, though Lofstrom and other researchers are watching the relationship closely.

Law enforcement officials said drug offenders may now commonly be cited and released, or ignored because there may be little penalty if they are arrested. There were about 22,000 fewer drug arrests last year.

"The de facto decriminalization of drugs may have an impact," said Kern County Sheriff Donny Youngblood, president of the California State Sheriffs' Association. "We do know that there's a lot less arrests being made, which means there are a lot more people on the streets using drugs."

Multiple courts reported an increase in failures to appear for misdemeanor arraignments since Proposition 47 passed, the Judicial Council of California found in a survey of 40 of the state's 58 county superior courts.

"If people aren't showing up in court, if they're not going to go to drug court, we're going to see what we're seeing, which is increased crime rates in our communities," said Ventura Police Chief Ken Corney, president of the California Police Chiefs Association.

State Department of Justice figures show violent crime jumped 10 percent last year over 2014. Property crimes also increased, including a nearly 12 percent increase in shoplifting and nearly 11 percent increase in thefts, two crimes affected by Proposition 47.

But participation in drug courts has rebounded as counties adapted to Proposition 47 by including it in sentences for those charged with misdemeanors or drug-related crimes such as stealing to support their addictions, said Santa Clara County Judge Stephen Manley.

"I think it's been a fairly dramatic response to getting treatment to the people that need it the most," said Manley, president of the California Association of Drug Court Professionals.

Mel Sargent, 66, and Caroline Sargent, 54, even married on the day they graduated from an 11-month drug court program in March. Sacramento County probation officers bought them wedding rings.

"Before it was always the 'war against drugs,'" Sargent said. "We got to see the other side, the more human side of the probation department and the judiciary."

The initiative has also led to fewer plea bargains, probably because suspects have less incentive to accept plea deals without the threat of a felony conviction or prison time, the Judicial Council found.

It reported that prosecutors also seem to be filing more charges for felony drug sales, identity theft and robbery now that drug possession, writing bad checks and check forgery were reduced to misdemeanors.

"Some DA's offices have tried to charge their way around Prop. 47, no question about it," said John Abrahams, co-chairman of the California Public Defenders Association's legislative committee.

But California District Attorneys Association chief executive Mark Zahner said law enforcement officials may now simply be targeting more serious criminals.

....this year's state budget includes $15 million for police to experiment with using case managers and diversion programs to help prostitutes and low-level drug dealers instead of putting them in jail.

Without help, "they're released in a short period of time and go right back to the same situation," said Sen. Loni Hancock, D-Berkeley, who pushed for the funding.

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President Obama & DHS: Stop paying For-Profit Companies to Lock Up Immigrants!

President Obama & DHS: Stop paying For-Profit Companies to Lock Up Immigrants! | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
The incarceration of immigrants has skyrocketed under President Obama, allowing the private prison industry to rake in massive profits by locking up immigrants in facilities where they often face abuse, violence, unsanitary conditions, and lack of proper medical care. The Department of Justice is phasing out the use of private prisons, saying that they are…
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How Did Antonin Scalia Shape American Policing?

How Did Antonin Scalia Shape American Policing? | Alternative Dispute Resolution, Mediation, and Restorative Justice | Scoop.it
In recent years, Scalia emerged as the Fourth Amendment’s greatest champion, often ruling against the police. He was particularly steadfast in guarding the sanctity of the home, or limiting police use of new technologies. He wrote the main opinion in United States v. Jones, holding that the Fourth Amendment governed long-term GPS surveillance of a suspected drug dealer’s car. And he wrote a critical opinion saying that the police have to get a warrant before they use new technologies to gather information from inside homes—in that case the police had used a thermal heat sensor to figure out the defendant was growing pot with heat lamps.

Still, Scalia-as-champion of Fourth Amendment rights has two complications of its own.


First, Scalia also authored or joined other opinions that give the police greater license. He believed that merely running away when police were in the vicinity was enough to provide probable cause to search a person. He joined opinions allowing the police to approach people in the confined spaces of buses and ask to search bags and bodies with no cause at all to believe the person had done anything wrong. He wrote a majority opinion saying that the cops could stop people for the most trivial of traffic offenses—like turning without signaling—even if the stop was a complete pretext to investigate something like drug dealing. Decisions like these give cops a great deal of discretion, which accounts in part for the racial disparities in the criminal-justice system today.
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