Written from the perspective of a judge, this book suffers from too much focus on procedures, on the mechanics of processing conflict. It is mostly “head speaking” not “heart speaking.” I’m working hard to explore beyond procedures, to understand the deeper significance of peacemaking processes. I have much to learn.
I am enormously indebted to those who have inspired and shaped the ideas in this book. I hope they will continue to be patient with my evolution, and tolerant of my struggle to fully understand their teachings, their wisdom. When I started to work with communities I’d come a long way. They’ve taught me I have a long way yet to go.
The ideas, hopes and insights within this book spring from the work of people and communities and government agencies developing new ways of dealing with conflict within families, communities within the workplace. Their work has demonstrated the potential to foster respect and understanding, and to build better relationships through processes based on consensus and peacemaking principles. This is difficult, demanding, often frustrating work.
Many have struggled to develop a better way and feel they have failed. They have not failed. Like small streams flowing into larger rivers, each person, each community has added to the flow of change, to the building of a better way. Their courage, their indomitable will, and their work have pushed us past many barriers, past our failures to try again - and again. May those struggling to make a difference find something in these pages to strengthen their vision.
May we find the caring, tolerance, mutual respect necessary to work together in creating conflict resolution processes capable of addressing all interests in a manner that promotes respect for our differences, and the well-being of our families and communities.
Barry StuartA community is not a place, it is people. For Circles, the “community” of people may come from a small town, a neighbourhood, or it may be the personal community composed of friends, fellow workers, and family of the parties involved, from many different places. Involving the personal community of victims and offenders significantly contributes to a successful process, and is essential to generating healing connections. Those who believe the Circle process can only be successful in small, isolated communities, fail to appreciate either the flexibility of the Circle process or the dynamics of small isolated communities. For many reasons, the potential for Circles to successfully resolve the personal immediate and larger conflicts generated by crime, and to advance the immediate interests of victims and offenders, is considerably greater in large metropolitan areas. In carrying out “Personal Circles,” the active support of key justice officials is more critical in large metropolitan areas than in community circles.
Circles are built around a holistic approach and thereby require access to a broad range of resources and services from the family, community, and the state. A partnership within all sectors of the community, and between the community and professional agencies, fosters a holistic approach. The partnership does not preclude the co-existence of formal justice systems, nor of other community options (Aboriginal justice systems, mediation, diversion, etc.). Rather, the effectiveness of the partnership depends upon and fosters the co-existence of a broad spectrum of other systems of resolving conflict, and responding to crime.
Each partner contributes resources, skills and information essential to creating fairness and balance within the Circle process. For example, a Judge or Justice of the Peace is a neutral and, if necessary, the ultimate arbitrator to ensure resolutions are not shaped by powerful interests, by particularly vociferous participants, or by a majority of supporters for one party. Similarly, local Keepers of the Circle ensure consensus principles are respected, that all voices are fairly heard and that proposed solutions address all interests in a viable manner. An open, frank flow of information from all parties creates a better foundation for analysis and resolution of conflict. In so many ways, the resources, skills, and perspectives of each partner combine to promote a fair and balanced process, and to achieve innovative solutions, maximizing the interests of all participants.
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