The Politics of Informal Justice

Informal forms of justice such as mediation have been greeted enthusiastically as progress from the punishment model of justice -- and criticised as broadening rather than narrowing the reach of the criminal justice system. Here the contributors assess the evidence and re-appraise the theory of informalism.

"The Possibility of Popular Justice is essential reading for scholars and practitioners of community mediation and should be very high on the list of anyone seriously concerned with dispute resolution in general. The book offers many rewards for the advanced student of law and society studies." --Law and Politics Book Review "These immensely important articles--fifteen in all--take several academic perspectives on the [San Francisco Community Boards] program's diverse history, impact, and implications for 'popular justice.' These articles will richly inform the program, polemical, and political perspectives of anyone working on 'alternative programs' of any sort." -- IARCA Journal "Few collections are so well integrated, analytically penetrating, or as readable as this fascinating account. It is a 'must read' for anyone interested in community mediation." --William M. O'Barr, Duke University "You do not have to be involved in mediation to appreciate this book. The authors use the case as a launching pad to evaluate the possibilities and 'impossibilities' of building community in complex urban areas and pursuing popular justice in the shadow of state law." --Deborah M. Kolb, Harvard Law School and Simmons College Sally Engle Merry is Professor of Anthropology, Wellesley College. Neal Milner is Professor of Political Science and Director of the Program on Conflict Resolution, University of Hawaii.

This wide-ranging study considers the primary forms of decision-making - negotiation, mediation, and umpiring - in the context of rapidly changing discourses and practices of civil justice across many jurisdictions. Much contemporary discussion in this field, and associated projects of institutional design, are taking place under the wide ranging but imprecise label of Alternative Dispute Resolution (ADR). If a common linking theme is sought, the authors argue that this must lie in a general shift of priorities as between judgement and settlement in ideological terms. This new edition brings together and analyses a wide range of materials dealing with dispute processes and the current debates on civil justice. With the help of a selection of texts beyond those ordinarily found in the emerging alternative dispute resolution literature it provides a broad, comparative perspective on modes of handling civil disputes, with the principal focus on the central processes of negotiation and mediation.

Drawing on an ethnographic study in a multicultural city of Arabs and Jews in Israel, this book examines the models and expressions of power implicated in discourse and conflict resolution practices in cross cultural contemporary community. The author explores community politics expressed in daily life as a contextual background to the analysis of conflict resolution politics, exploring perspectives of state and civic stakeholders. Through case analysis, and addressing the individual, organisational and societal levels, Dr Li-On illustrates that conflict resolution is dominated by politics, with culture, ethnicity, and identity playing a significant role; disputing groups rely on conflict resolution to achieve contesting socio-political goals. The book explores core concerns in the field, illustrating obstacles, challenges and opportunities confronting informal justice in contemporary communities. Informal Justice in Contemporary Society is motivated by the field's research-practice gap and the lack of real world impact research in cross-cultural settings. The book contributes insights towards theory refinement and conflict resolution practice by addressing practical issues confronted by mediators in the field. This innovative research path introduces a holistic approach to the study of informal justice in social context, deploying multilevel ethnographic analysis to broaden the perspectives and understanding of conflict resolution in contemporary communities. Locally, it provides insights into conflict resolution in Israel in a mixed city of Arabs and Jews. This book belongs on the reference shelf of essential reading for educators, researchers and practitioners in conflict resolution and social studies, including anthropological, community, legal and cultural fields.