The Legal Services Corporation (LSC), Microsoft Corporation, and Pro Bono Net have named Alaska and Hawaii as state partners in a pilot program to develop online, statewide legal portals to direct individuals with civil legal needs to the most appropriate forms of assistance.
Authors: Benjamin H. Barton and Stephanos Bibas
FROM THE PUBLISHER
America is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract.
Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
ABOUT THE AUTHORS
Benjamin H. Barton is the Helen and Charles Lockett Distinguished Professor of Law at the University of Tennessee. His scholarship has been discussed or reviewed in Time Magazine, the New York Times, Wall Street Journal, Washington Post, The Washington Examiner, The Sydney Morning Herald, and The ABA Journal.
Stephanos Bibas is a Professor of Law and Criminology and the Director of the Supreme Court Clinic at the University of Pennsylvania. He is also a founding faculty member of the Quattrone Center for the Fair Administration of Justice, which seeks to study and fix flaws in the criminal justice system that cause innocent defendants to be wrongfully convicted.
PART I – THE PROBLEM
- The Reality of Criminal Justice for Poor Defendants
- How We Got Here: Criminal Defense
- Access to Justice in Civil Courts
- How We Got Here: Civil Law
- The Political Economy of Gideon and Civil Gideon
PART II – HOW TO FIX IT
- Against “More Lawyers, More Justice”
- Techno-Optimism and Access to Justice
- Court Reform
- Cheaper Lawyers and Paraprofessionals
- Criminal Case Triage
- Conclusion: Fewer Lawyers, More Justice
In this new video Paul Embley and M.J. Cartwright answer some key questions about Online Dispute Resolution (ODR); for example:
- Why should Courts take a closer look at ODR?
- What does it take for a Court to implement an ODR system?
- What are the challenges, opportunities, best practices of an ODR system?
- In which Courts are ODR systems being used or tested? And with which results?
- Paul Embley, Director of Technology Services, NCSC (National Center for State Courts)
- M.J. Cartwright, Court Innovations Inc., Ann Arbor, Michigan
Tuesday, October 10, 2017 a group of mediators and attorneys from around the world learned from Giuseppe Leone, founder of Virtual Mediation Lab:
- What Online Mediation means and how it works
- The benefits of Online Mediation
- How mediators can do online everything they are used to do in-person: e.g. Joint and private meetings (caucus) with the parties; “Shuttle Diplomacy” in multi-party disputes; Information (documents, pictures, worksheets, videos) sharing and annotation; Writing up the parties’ “Memorandum of Understanding” or agenda for their next meeting
- Which cases are suitable for Online Mediation
- How to blend face-to-face and Online Mediation
- How to take a 2-hour one-on-one hands-on training in Online Mediation
Virtual Mediation Lab is an online project sponsored by the Association for Conflict Resolution Hawaii Chapter.
If you have any questions, please contact Giuseppe Leone by email or by phone at (808) 383-4117
ODR Europe has developed ODR 4 Refugees, a new smartphone app that enables refugees to have access to ADR (Alternative Dispute Resolution) services in a way that is adjusted to the special conditions they live in.
This app is designed for all those who are on the move or reside temporarily in refugee camps around the world. And it helps them resolve:
- Disputes between residents of the refugee camp who share the same space and facilities
- Disputes between refugees arising from cultural, religious and social differences
- Disputes between refugees and people from local communities because of discrimination, poverty, lack of communication
- Disputes between refugees and camp administration officials
Giuseppe Leone, founder of Virtual Mediation Lab, a project sponsored by the Association for Conflict Resolution Hawaii Chapter, believes that online mediation offers two important benefits.
First, it can be very useful for resolving disputes when parties:
- Have a mobile device: e.g. Ipad, iPhone, Android tablet or smartphone
- Want or need to settle their dispute as soon as possible, with the assistance of a neutral mediator
- Cannot afford an in-person mediation
Second, given that most people already have and use regularly a mobile device, online mediation can open up new business opportunities, especially for young, innovative mediators.
To demonstrate those two benefits of online mediation, Virtual Mediation Lab is seeking college students trained in mediation, willing to play the mediator’s role or the role of one of the parties/roommates in 3 online mediation simulations in October 2017.
- Computer (PC, Mac) and/or mobile device (Ipad, iPhone, Android tablet or smartphone) with fast Internet connection
- Having completed a basic or advanced mediation training
- Being available in the afternoon (Eastern Time) in October for participating in a 1-hour online roommate mediation simulation
1-HOUR ORIENTATION VIDEO CONFERENCE
Students selected to participate in this project will be invited to attend a 1-hour orientation video conference with Giuseppe Leone Thursday, September 28, 2017 at 4:00pm ET in order to:
- Understand better how Virtual Mediation Lab online roommate mediation simulations work
- Ask any questions they may have about this project
At the end of our online roommate simulations, Virtual Mediation Lab will organize a free webinar to present and discuss the experience of the college students who participated in this project.
Due to the high number of students who have applied for our project, we don’t accept other applications.
If you have any questions, please contact Giuseppe Leone
The Association for Conflict Resolution (ACR) is a professional organization enhancing the practice and public understanding of conflict resolution. Its members are mediators, arbitrators, educators and other conflict resolution practitioners working throughout the United States and around the world in a wide range of settings:
- Community Mediation and Restorative Practice
- Crisis Management
- Education, Research and Training
- Elder Decision-Making and Conflict Resolution
- Online Dispute Resolution
- Restorative and Criminal Justice
ACR has recently launched a pilot project called ACR E-Learning, co-chaired by Giuseppe Leone and Kyra Buchko, and aimed at showing how webinars can be very useful for sharing new projects, ideas, initiatives among ACR members.
If you are interested to learn more about the benefits of joining ACR, you can participate in a video meeting Friday, September 8, 2017 at 2:00pm Eastern Time (11:00am Pacific Time, 1:00pm Central Time)
- From a PC, Mac, iOS, Android device – click https://zoom.us/j/717354527
- By phone: Dial +1 646 876 9923 (US Toll) or +1 408 638 0968 (US Toll), and enter Meeting ID: 717 354 527
Integrative Mediation (IM) is a pioneering approach to conflict resolution that pairs a conflict resolution professional with a psychotherapist or mental health professional to address all aspects of a dispute: legal, financial, psychological — and emotional. By addressing the underlying emotional issues of the parties, IM seeks to improve the odds of a more efficient, cost-effective process and the achievement of a deeper, more lasting resolution. The pairings may consist of a lawyer, financial planner, or mediator working alongside a mental health professional. Using this holistic approach, parties in conflict are far more likely to resolve their legal, business, and/or family disputes quickly and in a more rational and sustainable manner.
In this webinar, Kathleen Adams. LCSW outlines the foundational theory of IM and spells out the advantages and limitations of shared conflict resolution. She shares real-world examples of IM-based resolutions and data that support this approach.
Who Should Attend
- Professionals who believe that no conflict is fully resolved until the underlying emotional conflicts have been addressed
- Mediators working to enhance and expand their practice
- Attorneys, psychotherapists and other professionals seeking to create professional relationships outside of their domain
Hosted by Virtual Mediation Lab, this free 1-hour webinar is sponsored by the Association for Conflict Resolution Family Section.
When: September 20, 2017 2:00pm Eastern Time. Admission is free, but seating is limited.
Registration – CLOSED
In 2011, the American Bar Association (ABA) declared the third week of October “ABA Mediation Week,” in part building on the efforts of many other national, state, and local organizations, including the Association for Conflict Resolution (ACR), which have traditionally celebrated conflict resolution during the month of October.
The Association for Conflict Resolution Spirituality Section presents:
WHY DO I MAKE THE CHOICES I DO?
Reflective Practice – The Artful Mastery of Mediation
75-Min Free Webinar with Michael Lang and Susan Terry – September 26, 2017
ABOUT THE PRESENTERS
Michael Lang and Susan Terry have individually and together, for over 20 years, developed the concepts and practices of Reflective Practice.
Michael has been a mediator, educator and author for nearly 40 years. He presented seminars and written articles and a book about reflective practice The Making of a Mediator – Developing Artistry in Practice. He incorporated the methods of reflective debrief into a family mediation training program and in workplace mediation training courses for the Department of Veterans Affairs. Michael was the founding Director of the Master’s Program in Dispute Resolution at Antioch University where reflective practice was a central element of the curriculum.
Susan has worked as a mediator, facilitator, consultant, coach and educator for over 30 years. She was the creator and program director of the Mediation Program at Woodbury College in Vermont. She continued to be part of the core faculty as the program transitioned to becoming a graduate degree at Champlain College in Vermont. She has also taught at Vermont Law School. In teaching and in other forms of her work, Susan’s primary emphasis has been on Reflective Practice.
Reflective Practice is an integrated way of thinking about and acting in our conflict practices, whether in mediation, facilitation, or coaching. In this webinar, participants will be introduced to the ideas and methods of Reflective Practice, including these primary topics:
- What is Reflective Practice and how is it helpful to practice?
- What is Reflective Debrief? Accompanied by a brief video demonstration
- How practitioners can make use of Reflective Practice: Individually or in case consultation/peer support groups
For experienced mediators and other practitioners, our actions can become repetitive, almost habitual, and we can become complacent. For novices, there is a tendency to adhere unfailingly to a prescriptive format learned in their training course. Participation in reflective practice groups allows more experienced practitioners to challenge their working assumptions. Novices can receive feedback from their colleagues allowing them to develop their own approaches as they also gain the ability learn through and from their experiences.
WHO SHOULD ATTEND
Both experienced and novice mediators will benefit from learning about the framework of Reflective Practice, the value of reflective practice groups and the process of Reflective Debrief. Those interested in starting a reflective practice/case consultation group will learn the principles and techniques for conducting a Reflective Debrief.
WHO MAY PARTICIPATE
Anyone, including those who are not members of the Association for Conflict Resolution (ACR), may register for this free webinar. ACR members will have access to a recording of the webinar.
Following introductions of the presenters and explanation of the webinar platform, the presenters – using slides and a brief video demonstration—will discuss the key elements of Reflective Practice and Reflective Debrief, emphasizing the benefits for practitioners. There will be an opportunity for questions at the end of the presentation.
WHEN AND HOW
This 75-min webinar will take place Tuesday, September 26, 2017 at 1:00pm Eastern Time (10:00am Pacific Time | 11:00am Mountain Time | Noon Central Time | 6:00pm London/UK Time). You can attend this webinar with a PC, Mac, iPad, iPhone, Android tablet or smartphone.