1. Formal Justice Legal system is primary forum for resolution of conflict and settlement of disputes Judges are final arbiters of social conflict What kinds of problems does this raise?

2. Limits of Formal Law Gridlock-too many disputes clogging courts While outcomes are achieved, parties are polarized at end of case and conflict is exacerbated Relationships permanently impaired Community cohesiveness is eroded Reconciliation is impossible

3. Informal Alternatives Catch-all phrase which includes processes of mediation, arbitration, negotiation, fact- finding etc. These processes rely on the assistance of “neutral” third parties who facilitate agreement (in mediation) or make a decision (in arbitration) in less formal settings than judges

4. Mediation Structured process that makes possible the telling of stories-unlike courts where stories cannot be told Aims to achieve mutually beneficial outcomes where both parties win, rather than the win/lose outcomes in courts-zero sum game Takes restorative rather than punitive approach to justice in courts

5. Mediation in Context Historically, immigrant groups have relied on their own, indigenous conflict resolution systems In the last 20 years, alternative dispute resolution movement has flourished which diverts cases out of courts. Current move is to professional mediation practice

6. Issues and concerns Does mediation trade justice for harmony What about “rights?” Due Process? Can informal process redress gross power differences as effectively as formal law? Implications of mandatory mediation Implications of “lawyer- less” proceedings-who benefits and who suffers? Does mediation and other forms of ADR keep courts out of issues that they should be in? Mediation “individuates” disputes-what are the implications?

7. Examples Decide what process is most appropriate.

8. Juries and Civil Disobedience Civil disobedience-acts of conscience which lead to breaking the law to uphold ethical or moral principles How do jurors evaluate these acts Jury nullification is an option where civil disobedience is on trial Juries will ignore the law if find invalid/immoral

9. Jury Nullification Jurors have an inherent right to to set aside instructions of the judge to reach a verdict based on their own consciences and the defendant has the right to have the jury so instructed

10. Our Faltering Jury Jury system assures community participation in law Vehicle for participation in democratic society Jury verdicts have led to social unrest