Engaging ideas, transforming minds
Engaging ideas, transforming minds
Canadian Scholars’ Press
Approx. 200 pages
6.75 x 9.75 inches
November 2019
Print ISBN: 9781773381480
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Overview

Lawyers, Crown counsels, district attorneys, and paralegals are often tasked with managing negotiation and conflict resolution in the courtroom; however, very little theory or literature surrounding this specialization exists. This handbook effectively closes these gaps and extensively discusses theories of negotiation and conflict resolution in criminal practice. Part one discusses communicating effectively and appropriately with clients, court staff, and opposing counsel by identifying and establishing cultural competence, rapport, and nonverbal cues. Part two identifies alternative processes in negotiation and conflict resolution including victim-offender mediation and retroactive justice, while part three covers career development in areas such as managing challenging clients and developing strategies for dealing with high-stress scenarios. This ground-breaking resource is well suited to students in a wide variety of courses that specialize in negotiation and conflict resolution including criminal justice, law, paralegal, police studies, or criminology.

FEATURES

  • includes case studies, ethical dilemmas, and suggestions for further readings


Related Titles


Table of Contents

Introduction: The Context – Conflict Resolution and Negotiation in Criminal Law


Part I: Conflict Resolution and Negotiation in Traditional Criminal Law Processes


Chapter 1 - Negotiation: Principles, Theory and Approach

Chapter 2 - Conflict Resolution: Theory and Practice, Ethics, Strategies and Tactics in Criminal Law Negotiations

Chapter 3 – Negotiating Across Differences: Roles, Social Context, Culture and Process


Part II: Alternatives Approaches in Canadian Criminal Law


Chapter 4 - Alternative Dispute Resolution (ADR) and Diversion in Criminal Law

Chapter 5 - Restorative Justice: Theory, Practice, Standards, Guidance


Part III: Conflict Resolution and Career Development


Chapter 6 - Surviving and Thriving – Well-Being, Competence, Difficult People and Discrimination

Appendix – FLSC Model Code Excerpt on Lawyer ‘Competence’

Author Biographies

Rebecca Jaremko Bromwich

Rebecca Bromwich is Manager, Diversity and Inclusion at Gowling WLG, an international law firm. She has been an Ontario lawyer since 2003 and has worked as both a Crown Attorney and a criminal defense lawyer. Rebecca also teaches at Carleton University where she is an adjunct professor. Prior to re-entering the law firm world, Rebecca served as the Program Director for Carleton's Graduate Diploma in Conflict Resolution. In addition to her Ph.D. in Law and Legal Studies, Rebecca also holds an LL.M. and LL.B. from Queen’s University and a Graduate Certificate in Women’s Studies from the University of Cincinnati.


Thomas Harrison

Thomas Harrison studied law at Queen's University (2001) and was called to the Bar in 2002 after articling with Ontario's Divisional Court. He worked for the provincial Ministry of the Attorney General and at the Superior Court as policy counsel. Thomas has also worked as counsel with the Federation of Law Societies, Ontario's Death Investigation Oversight Committee, and served as adjudicator with the provincial Consent and Capacity Board. His 2016 doctoral dissertation examined the independent roles of legal officials in the justice system. In addition to his Ph.D. in law, Thomas has a M.A. in public policy and administration (MPPA) from Ryerson University and degrees in education and history from Queen's University. Prior to studying law, Thomas worked as an educator and social worker. Thomas has taught legal ethics at Queen's University and currently teaches critical thinking and animal law at Durham College.


Student Resources


General Student Resource - Download

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