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Negotiation and Conflict Resolution in Criminal Practice
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.
- includes case studies, ethical dilemmas, and suggestions for further readings
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’
"This book is a valuable resource on an important but neglected topic. It is practical and clearly written and combines interesting theoretical perspectives with useful real-world advice about many situations commonly encountered in criminal law practice. It should be helpful to anyone interested in the everyday work of criminal lawyers."—Michael Dineen, Criminal Defence Lawyer and Adjunct Professor, Faculty of Law, University of Toronto and Osgoode Hall Law School, York University
“Provides necessary context for criminal lawyers and Crowns. Its sensitivity to ethical concerns and inclusion of issues of self-care make for an essential, original, and critical read for any lawyer or law student aspiring to engage in justice system work. For law schools embracing clinical learning this book should become a staple.”—Richard Jochelson, Professor, Faculty of Law, University of Manitoba and Co-Editor in Chief, Criminal Law Edition of Manitoba Law Journal
General Student Resource - Download