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In the Shadow of the Law: Applying Therapeutic Approaches to Sexual Harassment Conflicts in the Context of #MeToo
Get PDFThis article comprises a firsthand account of working as a university Sexual Harassment Commissioner (SHC), a role that manifests a combination of law and advanced conflict resolution practice. It offers a working model grounded in alternative justice principles to address sexual harassment and other, similar types of conflict. The resultant therapeutic and conflict resolution approach may apply to other institutions and other areas of law and society as well. Moreover, it fits in well during the era of #MeToo, where women raised their voices to challenge grave offenses such as rape, as well as attitudes, patterns, and allegedly “small” and sometimes non-litigable incidents of harassment that are part of an organizational culture. Yet, the article’s primary focus is to outline an approach to constructive processing of sexual harassment conflicts in a way that brings healing to the victim while remaining sensitive to the offender, considering the wider circle of employees and characteristics of an academic environment. The working method of the SHC challenges the traditional functions of law and includes the use of alternative justice narratives about the meaning of contemporary law, including responsive regulation and therapeutic jurisprudence. It is, therefore, a hybrid institution that draws from two worlds—law and conflict resolution/therapy—to crystallize a unique worldview tailored to the type of conflict at stake, namely, sexual harassment at universities, with its unique characteristics and severity: power disparities, hierarchies, and diverse communities
Eldercaring Coordination: The New Dispute Resolution Process to Address the Age-Old Problem of Old-Age
Get PDFEldercaring Coordination refers to a dispute resolution process which seeks to address the needs of senior family members. This new process aims to solve conflicts concerning the lives and finances of aging family members. It arises from the need to provide elders a voice in important decisions concerning their lives and guide families in high conflict disputes towards productive decision-making focused on the best interests of the elderly. The eldercaring coordinator works with legally-authorized decision-makers and other participants to resolve disputes related to an elderly person’s safety and autonomy. The United Nations recognizes eldercaring coordination as an Action Model for the Welfare of Aging Persons, highlighting the international scope of the issue. Although eldercaring coordinators operate in Canada, Australia, and several states in the United States, Florida is presently the only state to have enacted a comprehensive eldercaring coordination statute which authorizes judges to refer cases to the process. This article identifies the need for eldercaring coordination, provides a succinct overview of the eldercaring coordination process, explores Florida’s comprehensive eldercaring coordination statutory law as compared to traditional mediation, discusses the relationship between recommendations for guardianship reform and eldercaring coordination, and lastly makes recommendations for how eldercaring coordination can best serve seniors, their families, helping professionals, and the court systems
Letter from the Editor
Get PDFTo foster dialogue and encourage community engagement surrounding these issues, this year The Pepperdine Dispute Resolution Law Journal (DRLJ) hosted its annual symposium in collaboration with the Straus Institute for Dispute Resolution and the Weinstein International Foundation to explore how elements of alternative dispute resolution can apply to community policing strategies to prevent and deescalate crime. The symposium, “The Tactics of Resolution: Exploring International Innovation in Law Enforcement and Conflict Resolution,” brought students, law enforcement officials, academics, and policymakers together to engage in enriching conversations on how to establish safer and more harmonious global communit
Not Your Mother’s Marriage: Utilizing Intergenerational Trauma-Informed Divorce Mediation to Discourage Unhealthy Relational Cycles in Children of Divorce
Get PDFThis article discusses how divorce mediators can discourage cycles of broken relationships and reduce a child’s likelihood of experiencing intergenerational trauma as a result of the dissolution of their parents’ marriage. Divorce mediators must become knowledgeable about the impact of intergenerational trauma and the most favorable mediation outcomes for the wellbeing of the children involved. This includes encouraging families into an optimal settlement, referring parties to important resources for proactive parenting, making necessary mental health referrals, and enhancing the lives of children experiencing divorce. A mediator well-equipped with a strong referral system and cross-disciplinary knowledge of social, emotional, and behavioral science will make a lasting positive impact for families and communities