Meditation exam review
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Carleton University *
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Jan 9, 2024
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Meditation exam review 1.
one of mediation's potential assets is its adaptive and fluid nature. Mediation is an informal process formed by the parties themselves. As discussed in class, mediation can shift and change depending on the area of law, the participants, or even what step in the legal process you are at. However, the adaptative and fluid nature of mediation can also be its downfall. Write a paper outlining the critiques of mediation’s fluid and adaptive nature.
2. Defend this statement mediation in its current state in Can
ada is unfair and should be abolished completely.
3. In numerous lectures throughout the course, we discussed how mediation is not always about the mediation itself, but about furthering the interests and values of the parties, their representatives
, and their lawyers. Write an essay on some of the goals parties, their representatives and their lawyers may have in attending a mediation that is not directly related to resolving the legal matter between the parties.
4. Do you agree or disagree with the following
Statement mediation is inherently better than litigation and should always be utilized in every legal dispute.
5. Name three substantive changes you would make to the mediation process to ensure it is more just and fair for the participants involved.
Class #1
●What conflict is and how it drives our legal system
-
Conflict refers to a state of disagreement or opposition between individuals or groups, often arising from differing interests, values, or perspectives. It can manifest in various forms, such as disputes, disagreements, or conflicts of interest -
Conflict plays a significant role in driving the legal system. It serves as a catalyst for legal
actions, promoting individuals or parties to seek resolution through legal means -
Mediation for example allows for parties to engage in facilitated discussions and negotiations with the assistance of a neutral third party, the mediator, to reach a voluntary agreement where adjudication involves the resolution of conflict through a formal legal process, where a judge or arbitrator makes a binding decision based on the evidence and argument presented by the parties ●How our common law system was developed & current structure of our legal system
-
Based on precedent, where previous court decision serves as a guide for future cases, -
The structure of the common legal system consists of three main components, legislation (laws enacted by the legislative branch of government ) , judiciary( judges and
courts ), and legal professionals ( lawyers ) -
Emphasise justice , fairness, and the rule of law ●How judicial independence and a complicated legal system have led to a crisis.
-
Judicial independence ensures that judges can make an impartial decision without interference from external influences
-
A complicated legal system can sometimes lead to a crisis, the complexity of law, regulations, and procedures can make it difficult for individuals to navigate the legal system effectively. This can result in delays, inefficiencies, and unequal access to judges
-
The intricate nature of the legal system can create challenges for judges in interpreting and applying the law consistently. Varying interpretations of laws and legal principles can lead to inconsistencies in judicial decisions which may undermine public confidence in the legal system ●What does access to justice mean and some examples of that
-
Access to justice refers to the ability of individuals to effectively participate in the legal system and seek remedies for their legal issues. it encompasses both the physical and financial accessibility of legal services as well as the fairness and effectiveness of the legal process -
Examples of access to justice include 1)
Legal aid programs that provide free or low-cost legal assistance for low-income individuals 2)
Simplified and user-friendly court procedures 3)
Alternative dispute resolution mechanisms such as mediation 4)
Public legal educations ●Major benefits of mediation
-
Voluntary and collaborative process: mediation is a voluntary process where parties actively participate in finding mutually agreeable solutions. It promotes collaboration and empowers parties to have control over the outcome -
Cost and time efficiency: mediation is generally faster and less expensive than traditional litigation. Avoid lengthy court proceedings and reduce legal fees , making it a more cost-effective options -
Preservation of relationships; Mediation focuses on reserving relationships and finding win-win solutions. It allows parties to maintain communications and work towards
a mutually satisfactory resolution. Which can be particularly beneficial in ongoing relationships and business partnerships
-
Confidentiality:
are confidential and provide a safe and private environment for parties to discuss their issues openly and honestly -
Flexibility and customizations;
flexible and allows for parties to explore options beyond legal rights and remedies. Class #2
●What is a negotiation
●What makes someone a good negotiator
●Negotiation theory and generally speaking different types of negotiators
●BATNA and ZOPA
Class #3
●Mediation in theory
●Mediation major principles - voluntary, confidential, personal expression, participation
●Understanding the adversarial nature of mediation
●Mediation as a process - beginning, middle and end
●Client’s role in mediation
●Lawyer’s role in mediation
●Mediator’s role in mediation
Class #4
●Emotions as being inherent to conflict and an obstacle in mediation
-
Inherent ANGER, RAGE, SADNESS
These are words synonymous with conflict.
However, litigation and the traditional legal system does not care about emotions.
Think to your own lives
Complicated
Subjective experience
The normal/objective reality Our emotional response created by our brains
-
Obstacles Parties are emotional. They do not care about legal tests of the law or even some semblance of finding the objective truth.
•
Emotions & Mediation
•
1) They will be illogical.
•
2) They will privilege the subjective over the objective. •
3) Their judgment concerning the issues and what is at issue will be clouded with feelings.
●Emotions serving a barrier to obtaining an outcome
●The Insight Approach to Mediation and the Intangible levels to problems
•
The insight approach consider that a problem has two levels to each problem
•
The Tangible Level to Problems •
The Intangible Level to Problems
-
•
These deeper, intangible levels to problems are what can ruin mediations. Because these intangible levels of the problems are why we feel the way we do.
-
•
These problems rarely come to the surface.
-
•
These emotions create a history behind an individual that influences and dictates the way they act in the future.
-
Relationships and environment are key.
●Justice from above vs. justice from below
-
Justice from above refers to rule-governed systems, such as a legal system or a grievance arbitration process, where justice is generated through the impartial
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application of standards or rules to facts determined by an adjudicator. The fairness of these systems is based on the uniformity and consistency of applying rules to all cases and rule violators.
-
Justice from below is a process where disputants shape the outcome they find acceptable, regardless of whether it aligns with established standards or rules. This concept is often associated with mediation, where parties have the opportunity to reach a mutually agreeable resolution.
In the context of the provided sources, the principle of party acceptability of outcomes ("justice from below") can be confidently embraced if mediation is viewed as an example of a system of pure procedural justice. This requires incorporating conceptual elements identified in Part III of the source and developing or citing practical guidelines
●The six issues of justice in mediation
○1. At least one party makes an involuntary decision ‘
-
They cannot be coercion in mediation -
Example domestic violence -
Solution : process must be voluntary ○2. Alienating a basic human interest
○3. Violating the law
○4. Violating human dignity
○5. Not understanding alternatives
○6. Violates normative values
Class #5
●What is diversity and why is it important to mediation?
•
Diversity in the context of how we are discussing it today is concerning WHO we are as individuals.
•
Diversity is often thought of as a number of different identifiers that make up how we identify ourselves.
•
However, when we are discussing diversity in this context, we are generally talking about the immutable differences humans have.
•
Communication & mediation.
•
Diversity is asking people to look beyond the person's identity and to probe and question how the experiences shape and alter how they interact with the world. This is integral to mediation.
•
Diversity and the law
●Understanding how religion impacts mediation - Judaism, Islam and Christianity
•
divorce is one of the most traumatic occurrences that we face in our lives. However, the cultural
and religious responses to divorce are irrelevant in the formal court process.
•
The frame of reference of how we view divorce and separation will be infiltrated by religion and culture
•
Even the fact that you can obtain a divorce can be novel for some people. Philippines, for example, does not have divorce.
•
Example in the readings regarding a Muslim couple separating.
•
Readings provide generalizations, but remember that these are generalizations, not absolute truths
Christianity •
Divorce is a sin by it’s nature. Feelings of guilt, shame, dissociation from their religious community.
•
Can guilt be leverage by a party to their advantage for a favorable settlement?
•
Example – if one spouse commits adultery and they feel immense shame, they may provide a more favorable settlement. Is this fair? Islam;
•
The Mahr.
•
Ramadan.
•
Conversion to faith for spouse. ●International law mediation
•
International and ethnic conflicts have intangible, hard to define and components that make it difficult to resolve: culture and identity. •
Collective identity versus individualism and reliance on one’s self.
•
International mediation – challenges:
•
TIME, LANGUAGE, BODY SIGNS, STYLE, SPACE, SYMBOLS, SOCIAL AND COLLECTIVE RESPONSIBILITY AND TRADITION OF SOCIAL SYSTEM
●Gender and Power
•
The existence of such power disparity hinders women’s capacity to negotiate effectively in mediation and may cause inequitable outcomes to them in consequence. •
Power is central to how we understand and interact with our legal rights.
•
Power is the “control of or access to emotional, economic and physical resources desired by the other party”.
•
Power as a cycle always stays in the hands of the dominant class. ●Accumulation of power and inability to access power
•
Power is relative.
•
Power is not defined in a vacuum – context is key.
•
Asserting power:
•
persuasion (normative approach)
•
reward (utilitarian approach)
•
punishment (coercive approach).
●Different types of power that can influence mediation
•
Historically lower income.
•
Historically relegated to certain occupations.
•
As a result, women are typically from lower socio-economic backgrounds.
•
Traditional sex role ideology
•
Lower reward expectation
•
Lower self-esteem & accompanying mental health problems.
•
Intersectionality. ●Can mediation truly be fair?
No Class #6
●
Boucher v. Walmart
●What is labour and employment law
Employment law : •
Employment law generally deals with individual employment contracts in which the employee is not either a member of a union or bound by a collective bargaining agreement.
•
The Canada Human Rights Act
•
Employment Standards Act (ESA) - Ontario •
Continuity of employment
•
Payment of Wages
•
Employee Tips
•
REcords
•
Hours of Work and Breaks
•
Minimum Wage
•
Public Holidays
•
Vacation for Pay
•
Benefits
•
Leaves of Absence
•
Termination and Severance of Employment
•
These laws provide the bare minimum of what an employer must provide.
•
Is everyone included? No. Certain occupations are excluded.
•
So that means if you have a job at a movie theatre or a retail store like Footlocker, you are governed by the Employment Standards Act. You are not unionized. You have a basic amount of protection. Labour Law: Labour law applies to work environments that are governed by the Ontario Labour
Relations Act. In such environments, the employee is subject to collective bargaining and is a member of a union.
•
Unions and collective agreements can opt out of the Employment Standards Act.
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•
If you have a job as part of a union, for example as a nurse or a contract instructor at Carleton, you will be governed by the Ontario Labour Relations Act. Your union negotiates a contract with your employer or several employers. ●Collective agreement and how it makes labour law distinct
•
Collective bargaining is a process of negotiation between employers and a group of employees
aimed at agreements to regulate salaries, conditions, benefits, and other similar aspects of a employees job. •
They provide a cohesive set of rules that you (and all of your co-workers) are held to. Impacts promotions, pay, vacation, etc.
•
Union is advocating for better standards in return for a compromise. (ie, work 12 hour days, work less than 40 hour weeks)
●Distinctions and commonalities in labour and employment law.
•
In a unionized environment - two employees hired for the same position with the same experience will be treated in an identical fashion. You are not bound by the basic protections afforded under the Employee Standards Act.
•
In a non-unionized environment - two employees hired for the same position with the same experience COULD be treated differently, in terms of pay, salary, etc. •
Mandatory mediation in a non-unionized environment.
Mandatory mediation does not exist in a unionized enviroment
●Lawbour law and the use of historical grievance structure - arbitration
-
Grievance mediation pilot program; have been introduce in unionized employment setting since the 1940s and have shown to be faster , cheaper and successful in resolving labor disputes . However , despite their overwhelming successes, these programs have not been widely adopted in unionized environments -
Organizational interest of unions : plays a significant role in impeding the widespread use of grievance mediation for contract - based disputes . union have vested interest in maintaining the traditional grievance system with binding arbitration as it terminus. The advertising of grievance arbitration wins is a key element of the union organization model and a dispute resolution system that deprives unions of victories is seen as bad for business addiitonally union and their members have a vested interest in protecting the grievance arbitration process due to the high cost of the traditional approach
●Factors that make it difficult to mediate labour disputes
-
Union organizational interest : union have vested interest in maintaining the traditional grievance system with binding arbitration as it terminus , as it allows them to advertise arbitration wins and is seen as beneficial for their organizational model -
Investment in the grievance system: the employer-union pair has an investment in maintaining the grievance system with its traditional terminus in binding arbitration, which makes it challenging to adopt grievance mediation on a widespread basis -
Union organizational identity: elements of union organizational identity , such as being a right-based advocacy organization and the inheritor of a historical legacy of labor right repression, can create barriers to the widespread use of mediation to resolve contracted-
based labor disputes -
Categories of grievances: certain categories of grievances particularly those with high symbolic value that go to the core of the union identity, are seen as inappropriate for mediation. mediating these types of issues may be perceived as compromising union values and betraying the mission to stand firm against unfair employment practices ●Unions having an organizational identity and symbolic grievances
-
Union organizational identity; refers to the collective interest, belief, and goals that define
a labor union as an organization. It encompasses the union's mission, purpose and the principles it stands for. Is shaped by factors such as the union historical legacy, its roles as a right-based advocacy organization and its commitment ot it members interest
-
Symbolic grievances: are grievances that involve situations and issues of significant importance to a labor union, to the extent that the union will pursue them to arbitration even if there is no possibility of winning the grievances, these grievances are an expression of union values and are consider the core of the union identity. •
-
Unions identity, status and place in society will mean some matters simply cannot be mediated. -
•
In addition, there are several scenarios where the union WILL not mediate:
-
•
1) Grievances involving factual issues
-
•
2) issues in which the importance of the arbitrator’s reasoning in the formal opinion transcend the importance of the result to the parties that it establishes the law. -
•
3) Parties are so entrenched in their beliefs, they will not compromise. -
●Proposed benefits of employment law and if they are truly benefits.
•
Reduce administrative and litigation costs
•
Shorten time frames for resolving disputes •
Avoiding win-lose outcomes
•
Resolving underlying racial issues. •
Enhancing Parties Communication to Discuss Racial Issues
• Confidentiality. •
Reduce Retaliation Court •
Remedies Class #7
●Hagerman v. City of Niagara Falls et al
●What is civil litigation and what has led to the rise of civil litigation
Civil litigation is the means by which private individuals
attend court for damages or specific performance and is
governed by civil procedure.
●
What are civil litigation actions?
•Intentional Tort
•Non-intentional Tort aka negligence.
•Contract Law
•Business Law aka a hybrid of intentional, negligence, and contract law.
Each of these areas of law concerns itself with private disputes between private individuals.
●Civil litigation being about money - does it make it easier?
Civil litigation, at the heart of the matter, is all about
money on the surface.
•Compensable damages
•Non-compensable damages
*Whereas family law mediations oftentimes have many different dynamics (possession of properties, custody and access of children) and labor grievances can have different dynamics (promotions, vacation), civil litigation is solely focused on money.
•It makes things (much) easier.
It is a simpler negotiation.
•This does not mean that parties cannot be motivated by other factors.
•For those involved in civil litigation actions, it may also be about more.
•Malpractice – reputation
•Defamation – the truth or the harm to one’s reputation
•For negligence lawsuits – the idea to prevent future harm.
•However, the principle must be a worthy pursuit for you to spend thousands of dollars pursuing punitive Damages (rare)
●Civil litigators, their perceptions, and how their qualities influence mediation
-
Civil litigators perrcetions Civil litigators are portrayed as :
-Cut throat
•Pitbulls
•Aggressive
•Fight the bad guys (aka insurance companies)
•Using people’s personal lives against them in court.
•Often times mediation can involve the mediator trying to convince one or both of the
parties that their lawyers do in fact want to settle this file.
Qualities Do not be aggressive and adversarial.
•The truth is irrelevant for the purposes of settlement.
•It is not a game to be played. Your client is there watching you and every move.
•Civil litigation as theater.
•Lawyers struggle with the “rules” of mediation, because they differ so much from the court.
●Civil litigation and insurance
Almost every civil litigation action involves some form of insurance company. And if it does not, you hope that the defendant has insurance to pay for a settlement.
•If everyone is insured and the money is coming from shareholders of insurance companies, how do you actually created change? Hold people accountable?
•You cannot.
•The principle ultimately does not matter.
•Mediation can cut through the lengthy process of the litigation process and avoid lengthy trials where it is win- lose.
●Negotiation vs. mediation
Civil litigators are known as combative lawyers, who advocated for your interests.
•
Negotiations occur constantly on files in a civil litigation context. Lawyers are constantly throwing numbers back and forth, with or without their clients approval.
•Mediation
is a one day scenario in which both client’s expectations about settlement changes substantially over a period of time.
•Lawyers often would prefer to do this without their clientpresent.
●Risk vs. need in civil litigation mediations
The insurance companies weigh outcomes based upon risk.
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•What do I risk losing if a judge awards the plaintiff the amount they are seeking (or less) and what they pay their lawyers.
•Less profits for my shareholders
Class #8
●Rifai v. Green
●Emotions during family law
-
Divorce can profoundly disrupt the emotional well-being of the children, leading to a range of emotions such as anger, confusion, and sadness -
The developmental vulnerability of the children in divorce mediation denies them a seat at the table , which can further impact their emotional state -
The process of family mediation should be knowledgeable about, respectful of, and attentive to the emotional needs of children to minimize potential harm -
The mediator can promote the emotional well-being of children by ensuring their needs and rights are accounted for in the parenting plan and by providing opportunities for limited and protected participation in the mediation process
●No fault divorce, co-parenting, child support, spousal support and how these issues make mediation difficult
No fault divorce: where neither party is blamed for the end of the marriage, can make mediation difficult as it may create a sense of unfairness or lack of accountability in the process Co-parenting: Which involves parents sharing responsibilities of raising their children after divorce, can also present challenges in mediation. The mediator may need to address issues related to decision-making, parenting schedule and communication between the parents Child support:
financial support provided by one parent to the other for the care of their children, can be a contentious issue in mediation the mediator may need to help the parties reach a fair agreement that considers the needs of the children and the financial abilities of both
parents Spousal support:
also known as alimony, is financial support provided by one spouse to the other after divorce. mediation can be challenging when determining the amount and duration of spousal support as it involves balancing the financial need of the recipient spouse with the ability of the paying spouse to provide support.
Challenges in mediation 1) these issues can make mediation difficult as they involve complex financial and emotional considerations. The mediator must navigate the conflicting interests and emotions of the parties involved while ensuring that the needs of the children are addressed 2) may need to take an activist role in advocating for the best interest of the children, which can challenge the expectation of neutrality in the mediation process 3) the lack of external resources, such as social work investigation and support, in mediation can make it challenging to determine and address the emotional and resource needs of the children ●Children & mediation - four issues
○Confidentiality
○Neutrality
○Parties not at the table
○Mediators qualification
●Understanding the feminist critique of mediation
-
Focuese on power imbalances and domestic violence within intimate relationships, as well as their consequences for dispute resolution -
Not sufficient to address power imbalance and that the feeling of empowerment generated by mediation is temporary and illusory for women -
Also question claims of neutrality and privacy in mediation, critically scrutinizing them Class #9
●
CAS v. JB and GM
●What is child protection law and why is it uncomfortable
-
Child protection law: refers to the legal framework and regulations put in place to safeguard the well-being and safety of children who are at risk of abuse, neglect or harm
. It involves the intervention of children protection agencies and courts to ensure the protection and welfare of children in such situations. Child protection law aims to address complex and emotionally charged issues presented by families and children involved in the child protection system -
Children protection laws can be uncomfortable because 1)
It involves making difficult decisions about how to balance child safety with preserving or repairing important family relationships
2)
The child protection system and its associated processes including child welfare agencies and court proceedings, may sometimes fail to adequately address the needs of the families and lack attentiveness to their concerns 3)
The decision-making process can be challenging, as it requires timely resolution of issues and consideration of the best interest of the child
-
Children protection mediation as outlined in the guideline for child protection meditation provides an opportunity for families and professionals to resolve disputes in a safe inclusive and thoughtful manner. It promotes collaborative decision-making opportunities
and the involvement of families in developing plans that affect them and their children, which increases their commitment to achieving objectives and complying with treatment. ●Different stakeholders and families in child protection mediation
-
Parents
: play crucial roles in the mediation process, actively participating in the decision-making process concerning their children and families, expressing their needs and desired outcomes for themselves and their children -
Child welfare agencies:
child protection mediation involves collaboration with child welfare agencies, which are responsible for ensuring the safety and well-being of children at risk of abuse or neglect -
Mediators:
facilitate the mediation process, helping families and professionals involved in the child protection matter to resolve disputes in a safe and inclusive manner -
Child advocate; child advocates such as lawyers or guardians, may be involved in child
protection mediation to represent the best interest of the child and ensure their rights are
protected.
-
Courts: courts play a role in children protection mediation by overseeing the process, reviewing the agreement reached during mediation, and making a final determination if necessary -
Collaborative decision-making network:
the child welfare collaborative decision-
making network provides the framework for the child protection mediation guidelines workgroup, which examines program development and the practice of child protection mediation
-
Association of Family and Conciliation Courts ( AFCC);
AFFC approves the guidelines for child protection mediation and provides support and guidance throughout the development process -
Families involved in the child protection mediation; families who are involved in child
abuse and neglect matters and are seeking resolution and support in a safe and thoughtful manner. -
Domestic violence experts;
-
Lawyers representing children
-
Lawyers representing parents
-
Lawyers representing other parties to the litigation;
-
Office of the Children’s Lawyer;
-
In extreme instances, lawyers appointed by the state to represent
-
or help parents;
-
First Nation, Metis, or Inuit representatives;
-
Mediators and mediation experts; and
-
The judiciary
●Child protection mediation - proposed benefits and obstacles
-
Benefits 1)
Provides an opportunity for families and professionals to resolve disputes in a safe , inclusive, and thoughtful manner , promoting meaningful understanding and engagement between parties 2)
Can expedite the process, enabling a child to reach a permanency cooner 3)
Facilitates cooperative relationships and collaborative decision-making, which are beneficial for resolving child protection concerns 4)
Allows for early involvement of all stakeholders, leading to smoother case proceedings and better coordination of services -
Obstacles 1)
Cases involving family violence, significant power imbalances, serve limitations in
a party ability to participate may be inappropriate for mediation 2)
Safety screening and assessment are necessary to ensure the well-being of partipants and proper accommodation in mediation 3)
Mediation does not remove the case from the court's jurisdiction and the court plays a role in reviewing mediation settlement agreements ●Openness mediation
An Order or Agreement to ensure continued contact
between an adopted child and their birth families.
some degree of contact between adopted children and youth, their
birth families, and other individuals with whom the children or youth
have had significant relationships prior to the adoption
What does openness mean?
A relationship between the child and the birth mother or father.
What does openness NOT mean?
They are no longer acting for the benefit of the child.
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Class #10
●R. V. Bertacco
●Restorative justice
-
Is a process that aims to address harm, needs, and obligations resulting from specific offenses, with the goal of healing and restoring as much as possible. It involves involving
those affected by the offense and collectively identifying and addressing the harm done. Restorative justice is based on the idea that crime is a violation of people and relationships and that violation creates an obligation to put right the wrongs. It emphasizes a shift away from a focus on law-breaking, guilt, and punishment towards a focus on harm's need and obligation. It seeks to engage and empower those affected by
wrongdoing and promote problem-solving approaches. it is often applied within a larger framework of restorative justice which reframes conventional thinking about wrongdoing and justice ●Victim Offender Mediation
-
Is a specific approach within the broader concept of restorative justice it involves bringing together the victim and the offender in a facilitated dialogue to address the harm
caused by the offense and find ways to repair it. This process aims to give victims a voice, allow them to express their feelings and needs, and provide an opportunity for the offender to take responsibility for their actions. Victim-offender meditation promotes understanding, empathy, and accountability. It is seen as a collaborative and inclusive process that involves not only the victim and the offender but also the community members and society at large. However, it is worth noting that there is some discomfort with the term mediation in the justice arena as it implies moral neutrality, which may not align with the clear case of wrongdoing in criminal cases ●Sentencing Circles
-
Form of restorative justice that involves a larger circle of participants, including a community member, in the decision-making process of determining appropriate sentences for offenders. These circles are facilitated by a circle keeper who guides the discussion using a talking piece and a circular process. Sentencing circles draw on the core values of the participants and aim to collectively identify and address harm, needs, and obligations in order to promote healing and resolution. They have been widely adapted in various settings, including cases involving crime, schools, religious institutions, the workplace, and community dialogues or problem-solving processes. Sentencing circles reflect the principles of restorative justice. which emphasizes the engagement and empowerment of those affected by wrongdoing and the use of problem-solving approaches
●Similarities between restorative justice and mediation
-
Both aim to resolve conflict and address harm in a non-adversarial manner -
Both involve a facilitated dialogue between the parties involved, allowing them to express their perspective, needs, and concerns -
Both emphasize the importance of communication, understanding, and empathy in reaching a resolution -
Both processes focus on the empowerment and participation of the individuals affected by the conflict, giving them a voice in the decision-making process
-
Both seek to promote accountability and responsibility for one's actions encouraging the offender to take ownership of their behaviour and make amend
-
Both approaches can be used in various contexts, including criminal justice, schools, workplaces, and community settings Why is restorative justice not used more
-
Lack of awareness and understanding:
restorative justice is still a relatively new concept and many people, including policymakers and justice system professionals, may
not be fully aware of its principles and benefits -
Resistance to change:
traditional punitive approaches to justice, such as incarceration, have been deeply ingrained in many legal systems and cultures, implementing restorative justice requires a shift in mindset and willingness to embrace alternative approaches -
Limited resources and infrastructure; restorative justice programs require adequate funding, trained facilitators, and supportive infrastructure to be effectively implemented. The lack of these resources can hinder the widespread adoption of restorative justice practices -
Concerns about fairness and accountability:
some critics argue that restorative justice may not adequately address the need for punishment and may not provide a sense of justice for victims. these concerns can contribute to the hesitation in adopting restorative justice practices ●Trends in mediation - online mediation, binding ADR, judicial forms of mediation
Class #11
●Raichura v. Jones
●Canfield v. Brockville Ontario Speedway
●Laliberte v. Monteith