Law Students on Interdisciplinary,Problem‐Solving Teams: An Empirical Evaluation of Educational Outcomes at the University Of Denver's Resource Center for Separating and Divorcing Families

Models of lawyering in separation and divorce disputes are evolving to emphasize interdisciplinary collaboration, problem solving, alternative dispute resolution, and changes in legal education that reflect these changes in practice. At the University of Denver's Resource Center for Separating and Divorcing Families (Center), supervised law and mental health graduate students worked as a team to provide assessment and service planning, mediation, therapy, and agreement drafting to parents. Evaluation results showed client satisfaction, and that students acquired new knowledge, skills, and values in line with a collaborative, problem‐solving orientation. Strengths and weaknesses of the model are considered.     

Conflict dynamics and agonistic dialogue on historical violence: a case from Indonesia

This article contends that the type of high-level political consensus needed to reach a peace agreement is often insufficient for rebuilding and transforming wider social relations. Consensus-focused processes tend to suppress divergent views and experiences of conflict, particularly among grassroots conflict actors, and risk deepening social divides by homogenising diverse memories of past violence, with potentially dangerous consequences. In response to these concerns this article advances an understanding of agonistic dialogue and explores an example of such dialogue in communal conflict in Indonesia. Building on an understanding of effective dialogue as sustained, intensive and relational, this article also underscores the need for effective dialogue to have politico-institutional support and to be locally driven and owned by actors who are legitimate and trusted in the eyes of conflict protagonists.     

Editor's Note

An evaluation approach that is collaborative and elicitive may well serve as a catalyst for transforming relationships of power, standing in stark contrast to more conventional and staid evaluation practices that are technical in nature and actuarial in intent. Election of an orientation is the most decisive and strategic choice that is made in approaching evaluation and articulating value imperatives in fieldwork, coloring as it surely does the pragmatic stages of evaluation and good practice for the peacebuilder.     

Narrative accounts from the citizens,victims, and offenders restoring justice program

This paper describes the Citizens, Victims, and Offenders Restoring Justice (CVORJ) program, a prison-based program conducted as a pilot study at the Washington State Reformatory. The program brings together offenders and victims - though not involved in the same crime - in the company of interested community members to discuss restorative justice principles. The program focuses on the sharing of personal narratives of crime to explore how the harms resulting from crime can best be addressed and justice achieved. Of interest was how a restorative justice model that highlighted community participation could be incorporated into a correctional setting and whether healing could result from the use of surrogate offenders, victims, and community members. The restorative nature of the program, its method of operation, results from the qualitative evaluation, and key implementation challenges are presented.     

Reconciliation: I Know It When I see It 1

States emerging from conflict increasingly seek ways in which to address the violence and human rights abuses of the past in order to move forward into a more peaceful future. The initial responses to mass atrocities were based in legal processes focused on the punishment of the person responsible for the harm. The inadequacy of such an approach resulted in the introduction of a variety of new goals in the transitional period, including the abstract notion of reconciliation which is increasingly advanced as the central goal in dealing with the legacy of the past. This article argues that the failure to examine the relationship between a discourse originally based on human rights and legal approaches and the introduction of reconciliation has only added new challenges rather than resolved existing ones and therefore must be re‐examined. The article also argues that no single approach should take prominence in addressing mass atrocities. Rather a range of options should be available to victims, in particular given the relative youth and inexperience of approaches to violent conflict.     

The Child's Attorney and the Alienated Child: Approaches to Resolving the Ethical Dilemma of Diminished Capacity

Increasingly lawyers for children follow a model of “client centered” (as opposed to “best interests”) representation in child custody disputes in which the child client defines the objectives of the representation. The client‐centered model, while appropriate in most cases to give voice to the child's preferences in a process that deeply impacts him or her, can create an ethical dilemma for the child's lawyer in cases where a child is truly alienated from the other parent by the actions of the alienating parent. Alienated children strongly and unreasonably express a preference for objectives of representation that might further damage the alienated parent's relationship with the child. The alienated child's objectives may be the result of a campaign of denigration and “brainwashing” by the alienating parent. This Note suggests that when a child is truly alienated from a parent, as diagnosed by a mental health expert, the child may have “diminished capacity” and therefore, the client‐directed model of representation is not adequate. This Note proposes that the Child's Attorney must determine whether the child is of diminished capacity under the Model Rules of Professional Conduct and, if so, must treat the client accordingly under Rule 1.14. Specifically, the attorney may, if all other remedial measures are inadequate, override the child's wishes and advocate a position that the child would take, but for the brainwashing of the child used to alienate him or her from a parent.