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Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek Mar 2012

Cutting The Cord: Ho'oponopono And Hawaiian Restorative Justice In The Criminal Law Context , Andrew J. Hosmanek

Pepperdine Dispute Resolution Law Journal

Ho'oponopono is a traditional Hawaiian dispute resolution system that has recently experienced a resurgence of interest. The word ho'oponopono literally means to make right. In this system, both the offender and victim participate in a type of guided mediation along with other stakeholders in the offense. Ho'oponopono is different from typical mediations because after the session is successfully completed, the participants figuratively cut the cord of legal and psychological entanglement which binds them - in other words, the dispute is put to rest forever. When victim and offender come to a true resolution of the problem, and jointly ...


The Missing Link: Enhancing Mediation Success Using Neuro-Linguistic Programming, Mariam Zadeh Feb 2012

The Missing Link: Enhancing Mediation Success Using Neuro-Linguistic Programming, Mariam Zadeh

Pepperdine Dispute Resolution Law Journal

What is it that separates the best from the rest? Generally speaking, the highly coveted litigators and mediators draw people to them over and over again because of that something extra they possess. In Neuro-Linguistic Programming (NLP), that something extra is often referred to as "the difference that makes the difference." Outstanding performers in any field instinctively know the "difference that makes the difference." Successful trial lawyers, for example, have a keen knack for connecting with the jury and persuading them to follow their lead in support of the client's case. Similarly, parties prefer some mediators over others in ...


The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers Jan 2000

The Mythical Power Of Myth? A Response To Professor Dauer, Nathalie Des Rosiers

Seattle University Law Review

Professor Dauer makes two very interesting points about why endorsing a therapeutic jurisprudence (TJ) approach rocks fundamental assumptions about the common law legal system. First, he argues that demonstrating impartiality more than empathy is a practice so entrenched in the system that it cannot be dislodged. Second, he argues that the TJ approach that I advocate in my discussion of the Quebec Secession Reference is more "mediation" than adjudication. I would like to respond to both points and conclude with another example as to how a TJ approach may prove attractive in times of criticism about judicial activism in constitutional ...