Lawyers as Peacemakers: Practicing Holistic, Problem-solving LawLawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need. |
Contents
A FUNDAMENTAL SHIFT OF MIND AND INTEGRATION OF HEART INTO LAW | 1 |
The Paradigm Shift | 5 |
The Adversarial Paradigm | 8 |
The New Paradigm Shift | 11 |
New Challenges Skills and Opportunities | 15 |
Context for the Legal Paradigm Shift | 16 |
A Paradigm of Consciousness Relationships and Connection | 17 |
Love Coming Out of the Closet | 19 |
Creative Expression | 167 |
Aligning with Your Purpose and Values | 175 |
Listen to the Little Voice | 176 |
Do We Create It or Discover It? | 178 |
Values | 179 |
SETTING GOALS | 185 |
Taking Control of Your Schedule | 189 |
The Advanced Course for Getting Control of Your Schedule | 197 |
VECTORS MODELS APPROACHES PROCESSES AND LENSES OF THE SHIFT IN LAW | 21 |
Holistic Law | 23 |
Healing the Harm of Crime | 27 |
Different Question Different Perspectives | 28 |
VictimOffender Dialogue | 30 |
Circle Process | 32 |
Conducting a Circle | 34 |
Lingering Trauma in Cleveland Ohio | 35 |
Morning Tragedy | 38 |
Unavailable Offenders | 39 |
FacilitatorVictim Meeting When the Offender Is Unavailable | 41 |
Law as a Profession | 43 |
A Case Study in Therapeutic Jurisprudence | 44 |
Collaborative Law | 47 |
The Collaborative Commitment | 48 |
Neutral Experts and Interdisciplinary Teams | 49 |
What Makes Collaborative Law Different? | 50 |
Mediation | 55 |
Transformative Mediation | 56 |
The Understanding Model of Mediation | 57 |
Cooperative Law | 61 |
Court Innovation and ProblemSolving Courts | 63 |
CommunityOriented Lawyering | 71 |
Preventive Law | 73 |
Multidimensional Lawyering | 74 |
Other Emerging Models and Orientations | 77 |
The Coach Approach to the Practice of Law | 83 |
Spiritual Legal Counseling | 86 |
MAKING THE TRANSITION | 87 |
Coaching | 89 |
Choosing a Coach | 90 |
Mentor or Coach? | 91 |
Making a Living Practicing Holistic Law | 93 |
Wont People Laugh at Me and Call Me Weird or Flaky? | 97 |
Redesigning Your Law Practice | 99 |
New Office Practices | 109 |
Screening Clients for Appropriateness | 115 |
Billing Practices | 116 |
Relationships with Opposing Counsel | 118 |
Health Benefits of Altruism | 122 |
Creating a Community | 127 |
Getting Started | 129 |
MULTIDIMENSIONAL HOLISTIC WELLBEING | 131 |
Physical WellBeing | 135 |
Emotional WellBeing | 137 |
Good Relationships | 153 |
Integrating Mindfulness and Contemplative Practices into Your Life | 155 |
Mindfulness and Contemplative Practices | 156 |
Meditation | 157 |
Conscious Imbalance | 199 |
SelfAwareness | 201 |
Dealing with the Stress of Other Peoples Problems | 205 |
Vicarious Trauma | 207 |
Avoiding and Addressing Vicarious Trauma | 208 |
Compassion Fatigue | 209 |
Managing Vicarious Trauma and Compassion Fatigue | 210 |
EXPANDING THE LAWYERS TOOLBOX SKILLS THAT WORK IN ANY PRACTICE | 213 |
Celebrating Strengths | 215 |
Thinking Like a Lawyer | 217 |
Healing | 219 |
Communication and Conflict Resolution Skills | 221 |
Speaking | 226 |
Counseling and Coaching | 229 |
Powerful Nondefensive Communication | 230 |
Nonviolent Communication | 231 |
Storytelling | 232 |
Powerful Questions | 237 |
Understanding Conflict Dynamics | 242 |
Honoring Conflict | 245 |
Intercultural Competence | 246 |
InterestBased ProblemSolving | 250 |
Creative ProblemSolving | 251 |
Teamwork | 257 |
Dynamics of Victims and Offenders | 259 |
Working with Offenders | 265 |
Working with Victims | 267 |
Apology | 269 |
Forgiveness | 272 |
Grief | 276 |
Drafting Agreements to Create Sustainable Relationships | 279 |
A State of Grace Document | 280 |
Agreements for Results | 281 |
Plain Language Drafting | 286 |
Humanizing LetterWriting | 289 |
Humanizing Legal Education | 291 |
PUTTING OUR SKILLS TO WORK IN THE WORLD | 297 |
Lawyers Are Leaders and People Are Following Where Are You Going? | 299 |
AFTERWORD | 305 |
POSITIVE PSYCHOLOGY FIVE PATHS TO POSITIVITY | 307 |
ARE COURTROOMS BATTLEGROUNDS FOR LOSERS? NONADVERSARIAL APPROACHES TO RESOLUTION WITHOUT LITIGATION | 319 |
THERAPEUTIC JURISPRUDENCE | 335 |
PRACTICING ON PURPOSE IN THE LAW FIRM PROVIDING PRODUCTIVITY PROFITABILITY WITH PERSONAL WELLNESS AND PROF... | 365 |
Resources | 391 |
About the Contributors | 493 |
501 | |
About the Author | 517 |
Common terms and phrases
adversarial agreement alternative dispute resolution American Bar Association anger apology Appreciative Inquiry approach asked Association attorney behavior billable hours clients coach Collaborative Divorce collaborative law conflict resolution create creative creative problem solving crime criminal develop dispute resolution divorce emotional enneagram example experience family law feel focus focused Forgiveness goals healing holistic law Holistic Lawyers human IAHL ideas issues judges law firm law practice law school legal education legal practice legal profession legal system limbic system listening litigation lives mental Michael mind movement offender paradigm parties peacemaking person plain language positive psychology practicing law pro bono problem problem-solving courts professional questions relationship responsibility restorative justice role shift skills solving someone spiritual story Susan Daicoff talk therapeutic jurisprudence things tion unbundled values victim victim-offender Wexler Winick yoga