Many thanks to Ed Fallone, Jon Deitrich, and Peter Heyne for their contributions in May. The Faculty Blogger of the Month in June is Irene Calboli. The new Alum Blogger is Rachel Monaco-Wilcox ’04, while the new Student Blogger is Tiffany Winter.
For the last ten years I have worked in the field of restorative justice. My students, community members, and I, along with the survivors of crimes of severe violence, regularly participate in intensive three-day healing circles we conduct in maximum-security prisons. Our MULS Restorative Justice Initiative (RJI) also facilitates victim/offender dialogues in very serious cases. My students help teachers, social workers, and students in central-city schools to develop restorative processes which address bullying and other harmful behaviors. Each experience reminds me that when serious harm has occurred, it is important to afford victims a safe environment to be able to tell others what has happened to them. People need to understand how some of their decisions and actions can send out negative ripples that have far-ranging effect. One of the most effective ways to promote that conversation is to create a facilitated talking circle in which a symbolic “talking piece” is passed from person to person. One can only speak when in possession of the “talking piece.” These circles succeed in getting everyone present to deeply listen to each other and provide a safe environment in which to speak from the heart. I have participated in hundreds of circles through the years and still am amazed at what I learn from people through this process.
A few years ago, I started thinking about how the Catholic Church, as a community of people, really needed to look from different perspectives at the deep-seated and far-ranging effect of the sex abuse scandal. So the RJI, with the assistance of Amy Peterson, Victim Assistance Coordinator of the Milwaukee Archdiocese, began the project of gathering people for a circle.
As reported in the April edition of the Resolution System Institute’s Court ADR Connection e-newsletter (a great e-newsletter devoted to information on Court ADR):
A report recently released by the American College of Trial Lawyers Task Force on Discovery includes a recommendation that courts should “raise thepossibility” of pre-trial mediation and other ADR processes, and in some cases should order its use. The report, conducted in association with the Institute for the Advancement of the American Legal System, was based on a survey of ACTL members to identify perceived problems with the discovery process in the civil justice system. In that survey, 82% of respondents said court-related ADR was a “positive development,” and 72% said it led to settlements without trial. The majority of respondents also said ADR decreased their clients’ costs and led to a shorter time to disposition. These results led to the task force’s recommendation. However, the task force also noted that it hoped its other recommendations for decreasing the cost of discovery would help to increase the use of judicial trials, as opposed to ADR.
For the full report, click here.
Cross posted at Indisputably.