The Possibility of Popular Justice


Book Description

"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.




Informal Reckonings


Book Description

Informal Reckonings is a critical examination of mediation, restorative justice and reparations and how they reinforce yet potentially transform the formal justice system.




Community Mediation Programs


Book Description

Examines developments in the community mediation field over the past two decades & reviews the field's major achievements & ongoing challenges. The evolution of the field, the diversification of services, & major resources available to the field are reviewed & research findings dealing with community mediation are also examined. Information for the report was obtained from: a review of literature in the field, an examination of materials obtained from programs across the country, discussions with experts in the field, & site visits to innovative programs in CA, NY, & NC. Charts & graphs. Resource listing.




Advancing Social Justice Through Conflict Resolution Amid Rapid Urban Transformation of the San Francisco Bay Area


Book Description

Since the 1970s, communities throughout the United States have been enthusiastically adopting dispute resolution mechanisms outside the formal legal system. Emerging from the reparative turn in sociolegal studies and widespread social critique in the 1960s and 70s, alternative justice models have been theorized, developed, and implemented by scholars and affected communities. In particular, alternative justice -- forms of conflict resolution outside the formal legal system -- seek to subvert the formal legal system's disproportionate impact on marginalized communities by providing accessible, non-criminalizing, and inclusive conflict resolution. Advocates claim such models advance social justice by uplifting restoration rather than retribution, emphasizing democratic processes, and utilizing conflict resolution as a platform for individual and community empowerment and capacity building. Fourteen months of ethnographic research with alternative justice practitioners and their clients reveals discrepancies between alternative justice theory and practice. In particular, complex political, economic, and social constraints embedded within a rapidly transforming urban environment make achieving broader impacts (e.g. empowerment, capacity-building) and allying with related social justice mechanisms particularly challenging at both the individual practitioner and organizational levels. Situated at the intersection of anthropology, sociology, and legal studies, this dissertation contributes to theoretical understandings of informal justice theory and practice. By examining the ways informal justice is intricately interwoven into the fabric of everyday and state violence, the complex relationship between alternative justice practice and contemporary social justice efforts, and the ways in which the mythico-history of alternative justice influences practice, findings presented herein can inform both theoretical and practical approaches to contemporary alternative justice.




Holding These Truths


Book Description







Cultural Encounters and Emergent Practices in Conflict Resolution Capacity-Building


Book Description

“Undoubtedly the most comprehensive analysis of the role of culture and emergent practices in capacity building currently at hand. d’Estrée and Parsons have produced a commendable amalgamation and scrutiny of local, cultural, and Indigenous mediation practices in a number of contexts that empower local people while interacting and integrating with Western mediation models in a blend of hybridity. The book is beautifully structured and will attract a wide readership including graduate and undergraduate students.” —Sean Byrne, Director, Arthur V. Mauro Centre for Peace & Justice, and Professor, Peace & Conflict Studies, University of Manitoba, Canada “Since late 1990s conflict resolution field has recognized the need to integrate culture in its processes. This book goes beyond such theoretical recognition and provides empirical evidence and solid concrete cases on how local actors from a wide range of cultural contexts integrated their cultural analysis and tools in their own sustainable conflict resolution processes. It also offers an effective set of guidelines and lessons learned for policy makers and peacebuilding practitioners on the need to deepen their reliance on local cultural practices of peace.” —Mohammed Abu-Nimer, Professor of International Peace and Conflict Resolution, School of International Service, American University, and Founder and Director of the Salam: Peacebuilding and Justice Institute in Washington, DC, USA “The evolving identities of communities impacted by deep historical divisions and population migration, in the context of life threatening resource shortages, present opportunities and challenges for conflict transformation professionals at every level. d'Estrée and Parsons respond to this challenge with a remarkable collection of stories from around the world that amplify the innovation in the field while capturing its history and complexity. It serves as the bridge between mediation and peacebuilding that is so necessary today.” —Prabha Sankaranarayan, CEO, Mediators Beyond Borders International “In this excellent book, Tamra Pearson d’Estrée and Ruth Parsons (and their impressive collection of case study authors) have analysed four generations of conflict resolution/transformation theory and practice. They highlight the diverse ways in which the burgeoning field of conflict resolution theorists and practitioners mirrored the ascendance and now decline of the neo-liberal western project. First and second generation efforts were based on notions of possessive individualism, rational choice theory and a general acceptance of the status quo. Culture was ignored or eliminated as were deeper questions of political and social inequality. But more importantly, there was an unwillingness to consider the power and the wisdom that resided in locality. Third and fourth generation conflict transformers, on the other hand, have engaged these deeper questions and focused more attention on emancipatory creative partnerships, social and economic justice, co-learning and hybridised models flowing from external engagement with local wisdom. This is a book that needs to be read by anyone interested in the transformative power of conflict resolution and long term social and political change.” —Kevin P Clements, Professor, Chair and Foundation Director, The National Centre for Peace and Conflict Studies, University of Otago, New Zealand While waves of scholarship have focused either on the value of presumed universal models or of traditional practices of conflict resolution, curiously missing has been the recognition and analysis of the actual intermingling and interacting of western and local cultural practices that have produced new and emergent practices in our global community. In this compilation of case studies, the authors describe partnerships forged between local practice expertise and bearers of “western/institutional” models to build innovative approaches to mediation and conflict resolution. Including stories of these experiences and the resulting hybrid models that emerged, the book explores central questions of cultural variation and integration, such as the perception of purpose and function of resolution processes, attitudes toward conflict, arenas and timeframes, third party roles, barriers to process use, as well as how to remain true to culture and context. It also examines partnership dynamics and lessons learned for modern cross-cultural collaboration.




Community Mediation


Book Description

In recent years the mediation movement has seen tremendous growth with significant advances being made in both research and practice. Despite these advances, reseachers and practitioners have remained relatively isolated from one another. Bridging the gap, COMMUNITY MEDIATION is dedicated to the mutual education of both researchers and mediators. It makes the findings of research accessible to practitioners and the issues of concern to practice available to researchers. Thus, this handbook affords researchers an excellent opportunity to learn more about actual techniques and enables practitioners to benefit from the latest research in the field.




Beyond Equity and Inclusion in Conflict Resolution


Book Description

This ground-breaking resource is for anyone, of any race or heritage, who stands ready to make progress toward equity and justice, by offering a creative vision and a practical blueprint for an inclusive, multicultural future for all those involved in conflict transformation, community mediation, and peace building.