Cultural Variations in Restorative Justice: Lessons From Chile, Argentina, China, N. Ireland, South Africa and Israel-Palestine

Event Date: Thursday November 20, 2008
Time: 8:30-10:00 A.M. (Continental Breakfast at 8:00)
Location: Harkness Commons, South Dining Room, Harvard Law School

Professor Menkel-Meadow’s talk will describe the cultural variations in restorative and transitional justice in a variety of post-conflict, post-dictatorship societies based on her research, interviews and teaching in these countries. She will focus on process variations and the importance of acknowledging differences in history, culture and political regime in designing restorative justice programs, whether oriented to “justice” (trials and prosecutions) or “peace” (truth and reconciliation commissions).

Carrie Menkel-Meadow is the A.B. Chettle, Jr. Professor of Dispute Resolution and Civil Procedure and Director of the Hewlett-Georgetown Program in Conflict Resolution and Legal Problem Solving at Georgetown University Law Center in Washington, DC. She is also Chair of the Georgetown-CPR Commission on Ethics and Standards in ADR.

She is the author of Dispute Processing and Conflict Resolution: Theory, Policy and Practice (2003), and co-author of What’s Fair: Ethics for Negotiators (2004, with Michael Wheeler), Dispute Resolution: Beyond the Adversarial Model (2005, with Lela Love, Andrea Schneider and Jean Sternlight), Negotiation: Beyond the Adversarial Model (with Andrea Schneider and Lela Love, 2006); Mediation: Beyond the Adversarial Model (with Lela Love and Andrea Schneider, 2006) and editor of Mediation Theory, Policy and Practice (2000); the author of several other books and over 100 articles on subjects ranging from dispute and conflict resolution, negotiation, mediation, legal procedure, legal theory, legal ethics, feminist theory, law and popular culture and legal education. She is currently editing a three volume series on Complex Dispute Resolution for Ashgate Press, including multi-party and international dispute resolution issues.

She has won the CPR Institute for Dispute Resolution First Prize for Scholarship in ADR three times, (1983, 1991, 1998) and the Rutter Prize for Excellence in Teaching at UCLA Law School (1992) and the Frank Flegal Award for Teaching at Georgetown (2006). In addition to her scholarship and teaching, Professor Menkel-Meadow has trained lawyers, judges, diplomats, government officials, and mediators on five continents and is herself an active arbitrator and mediator. She has served as a mediator or arbitrator in the Wellington Asbestos Claims Facility, the Dalkon Shield Trust, the Merrill Lynch Settlement Program, ICANN domain names disputes, United Educators education disputes and a wide variety of other public and private matters.

She has taught at the law schools of Georgetown University (1992-present), Harvard University, Stanford University, the University of Pennsylvania, the University of California at Los Angeles (1979-98), Temple University, the University of Toronto, Osgoode Hall, York University, the University of Fribourg (Switzerland), Universidad Alberto Hurtado (Santiago) and Catolica Universidad (Temuco) Chile, at the Universidad de Buenos Aires and Salvador in Argentina, and the University of Haifa in Israel, and has lectured throughout the world. She served as a Fulbright Scholar in Chile in 2007 where she taught mediation, arbitration, deliberative democracy and civil engagement in a variety of academic and practical settings, while researching topics related to restorative justice. She has trained law professors in China to teach experientially. She has consulted and trained on dispute resolution issues for the United Nations, World Bank, Federal Judicial Center and many other public and private organizations.

She currently serves as co-editor in chief of the Journal of Legal Education, the International Journal of Law in Context, and Associate Editor of the Negotiation Journal, published by the Harvard Program on Negotiation.

Professor Menkel-Meadow holds a B.A. magna cum laude from Barnard College, Columbia University (1971), a J.D. cum laude from the University of Pennsylvania (1974), where she also served on the Law Review and as an Arthur Littleton Legal Writing Fellow, and an LL.D. (Hon.) (1995) from Quinnipiac College of Law. She served on the Board of Directors and as Secretary of the American Bar Foundation, on the Executive Committee of the Center for Public Resources and is a member of the American Law Institute and the American College of Civil Trial Mediators.

Please RSVP to lwitzler@law.harvard.edu.

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