Holistic Justice or Holistic law:
Some would say that all of these vectors are subsets of holistic law while others would say that holistic law is a separate vector unto itself. The focus in holistic law is looking at the whole picture: the lawyer�s role, the client�s responsibility, the impact on the community, etc. and seeking an answer to the situation that benefits the greatest good and promotes healing and completion. Holistic lawyers are often trained in other disciplines, from counselling to energetic healing.
Peace-Making:
The legal system came about as a way to peacefully settle disputes and many lawyers consider themselves to be peace-makers. They express that in many ways. Some actually create organizations dealing with international conflict, like IAHL member, attorney, and former Ambassador John Mc Donald (www.imtd.org) or Shrif M. Abdullah (www.commonway.org). Others seek to heal and bring peace at a more personal and energetic level like IAHL member, Jill Dahlquist (www.grouppeace.com). Some mediators consider themselves to be peacemakers and more than a few mainstream lawyers would admit, if pressed, that they are peacemakers in conflicts. On an international level, the truth and reconciliation movement is probably a subset of this vector.
Preventive Law:
Originated by Professor Ed Dauer, Preventive Law refers to the approach to law where the parties and their attorneys are proactive in limiting their exposure to litigation. For example, in a corporate setting, a legal department focused on preventive law would put their attention on training and educating managers to predict and prevent conflicts among employees and with others outside the company. The Center for Preventive Law is now housed at California Western School of Law (www.cwsl.edu).
Procedural Justice:
This is more of a philosophical approach to the legal system that focuses on whether the participants in the system believe it is fair. It is based upon some sociological studies by Professor Tom Tyler that showed that court participants were more interested in fairness and being treated with dignity than outcomes. See Therapeutic Jurisprudence, below, as the TJ practitioners have incorporated much of this theory.
Restorative Justice:
Restorative justice seeks to empower and help bring victims to closure, to impress upon the offender that their behaviour impacts others, and to promote restitution to victims and the community. Many restorative justice programs are based upon tribal models that honour the community while addressing the issues. A 30 year old movement, it is the source of the restitution and mediation models in many jurisdictions (www.restorativejustice.org).
Therapeutic Jurisprudence:
Also called �TJ�, this is an interdisciplinary perspective that focuses on the law�s impact on the emotional and psychological health of the participants, mostly the clients. The goal is to bring sensitivity into law practice and TJ focuses on listening to clients with an awareness of the psychological and emotional issues including stress, confidence, trust. TJ also looks at the court system and how it impacts society. It is a context for the legal system which can be applied to almost any practice and incorporated into all of the other vectors (www.therapeuticjurisprudence.org).
Transformative Mediation:
Unlike standard mediation where the mediator is a neutral who facilitates, in transformative mediation, the mediator�s role is to facilitate a process of empowerment and recognition. It is a qualitative model, not quantitative. Transformative Mediation is based upon the book The Promise of Mediation by Robert A. Baruch Bush and Joseph p. Folger and the Institute for the Study of Conflict Transformation, which is housed at Hofstra University School of law in New York (www.hofstra.edu/Law/isct).
Other approaches:
These are not all of the approaches. Many lawyers are redesigning their practices to incorporate creative approaches to law practice, often combining several of the new approaches into their own blend. Many are leaving law practice for related careers. Multi-disciplinary practices, multi jurisdictional practices, legal education, and related movements overlap these new models and reflect the creativity and future thinking of lawyers. While some lawyers are pursuing meditation and personal growth work, many are being trained in counselling, listening, coaching, and even massage therapy and energy work as additional tools to resolve conflict. Lawyers have traditionally been leaders in our communities and they are adapting the legal system to respond to the needs of the community and rapid social change.