Ex Parte Contacts a No-No Even if Done to Keep the Peace

Recently, the New Mexico Supreme Court disciplined a Municipal Court Judge for ex parte contacts held in relation to a criminal property damage claim in a small New Mexico community.  See In re Micheal G. Rael, Sr., Inquiry No. 2011-040.  In a case that is illustrative of "the ethical dilemmas judges in small communities face,"

Revisiting the "Mutual Gains Framework"

Like any mediator or conflict coach, I sometimes despair over the state of public discourse, and how divided the populace seems to be on just about any substantive issue. 

In 1996, Lawrence Susskind & Patrick Field published Dealing with an Angry Public, in which they first noted "concerns about the distrustful attitudes that citizens have toward government and corporations, and the inability of these institutions to respond to public concerns in a robust, inclusive and effective way."

In response, the authors put forth a number of principles to regain public trust:
1- acknowledge the concerns of the other side;
2- encourage joint fact finding;

Peace Circles & Community Conflict

I've previously written about talking or peace circles while providing a "primer" on ADR terms, theories and concepts.  Talking circles originate in indigenous cultures, and are closely related to theories and techniques seen in restorative justice generally.  Such restorative justice (a.k.a. reparative, reconciliation or integrative justice) techniques have been used with considerable success to bring healing in the face of both wide-spread cultural conflicts, and to parties affected by property damage crimes.   See ADR Terms, Theories and Concepts - A Quick Primer.  

Jack B. Hamlin and Justine Darling describe a 2010 experiment using talking circles to address a socially and emotionally complex community issue: homelessness in Ocean Beach, California.  See ACR Conflict Resolution Quarterly, vol. 29, no. 4, Use of Peach circles in Large-Scale Community Conflict: A Case Study.  The study provides great learning potential.