VIII. Monday Morning: Work Plan for the Coming Year and Closing Ceremony

The final morning of the retreat was devoted to deepening our personal connection, as we prepared to leave the retreat space and re- engage with our outside lives, and to thinking through how we might move the spirit/law/politics project forward in the future.

After a number of folks made presentations to the altar, Peter opened the morning with reflections on the insights of the previous days. He spoke of the mission of our generation being recovery of our commitment to validating the sacredness of the other, and reconnecting self and other to each other and to the natural world and the universe, and of our work in legal renewal as taking place in the context of that mission. He focused particularly on the pivotal role of legal education with regard to the achievement of that goal.

Peter suggested that law teaching must recognize both the centrality of spiritual remedies (such as restitution and reconciliation) and a vision of practice that has practical credibility to students; with curricula containing actual or simulated situations with real life significance that integrate the required doctrine and yet revealing how law students can experience their future role as that of engaging in the social world as “ministers of justice” rather than just as expert technicians. Peter also recognized the challenge posed by the contradiction between the beauty, support and spiritual richness of the weekend, and the challenges we face in daily life and obligations.

We then broke into four self-selected groups. The groups were somewhat smaller than they otherwise might have been, since approximately a third of the participants were unable to stay for the final morning session.

The four breakout groups included those addressing:

(a) formation of a Tikkun mediation center;
(b) transforming legal education;
(c) the practice of law; and
(d) criminal law.

After folks spent some time meeting in small groups, we came together and shared the results of our discussions, as summarized below.

A. Mediation Center

The group discussing the formation of a mediation center (Dianna and Nanette) discussed the importance of recognizing the vulnerability of the mediation choice, and taking the necessary steps to make the mediation process as safe as possible for participants. They also discussed the role of mediators in a center formed to foster the use of mediation in the legal process – including mediators trained in peacemaking skills training practicing lawyers by focusing on the litigious frame of mind, and by sharing with others their perspective on why the adversarial system is not working well for people.

The group was also interested in simultaneously starting mediation centers in a number of cities, based initially on venues of retreat participants who were interested in being a part of the venture, with the thought of seeking to develop relationships with a number of law schools that could support the effort with funding and resources. The discussion touched on initial fund-raising plans, including the need for grant proposal writing assistance in the effort to seek support to help fund the training of mediators, as well as the publication of an article on the evolving model and the hosting of a gathering of folks to discuss and think through the vision of such a center or web of centers. The concept of such centers being part of a larger project to develop a parallel justice system mirroring civil law practice was also discussed.

B. Transforming Legal Education

The group meeting to discuss transforming legal education shared their sense of the importance of disseminating the concept of the project to a larger audience, including such ideas as profiling people in the SLP movement, and sharing stories of how mutual recognition or sacred lawyering actually occur, perhaps through a rubric like the “Imagine Law” piece Peter wrote, or a “Chicken Soup for the Soul” kind of model. The group also reported on its commitment to advocating for curricular reform in law schools by building a broader community of interest in such reforms, perhaps through a conference. The group considered the possibility of raising more interest in this project by reaching out to potential participants who would identify themselves as “cultural creatives.”

C. Transforming the Practice of Law

The transforming practice group identified the treatment of opposing parties as a very important area of focus. The importance of allowing expressions of sympathy or condolence to be expressed without its having a detrimental legal effect on the case should be fostered, and where efforts to legislate this has been successful, posted on state and city bar association web-sites. Perry indicated that he plans to write an article on the two models of practice he has been involved in, contrasting the impact of his old and new “cease and desist” letters, once he has sufficient data to evaluate.

Different models for attorney-client relationship were also discussed, including the importance of having a spiritually richer relationship with clients, and developing new practices which would have a positive impact on the relationship. Paul reiterated his suggestion regarding changes in billing practices. Rather than paying attorneys through the use of billable hours, clients would purchase access to the attorney with a lump sum paid in retainer for a time period’s worth of services (perhaps a year), thus leaving more possibilities for creative time in the relationship.

D. Criminal Law

The criminal law group (Clark, David, and Sarah) reported on what they saw as a great need for common ground between prosecutors and public defenders if more healing models of criminal justice are to be instituted. They posited one context for those efforts was the framing of a goal that both sides could identify with -- that of improving the quality of criminal justice. In that context, they noted the signficant fact that victims and offenders are often part of the same community. They also suggested that a more comprehensive, understanding-based, neighborhood civil process to mediate many disputes might lead to fewer cases ending up in the criminal justice system.

E. Summary

In closing, we discussed the Project’s role in both being a vehicle to help folks continue to experience their individual activities as related to a larger group, and thus reduce a sense of isolation with these goals and efforts, and also as a focus for gathering and disseminating information about what other folks are doing, through internet connection, regional gatherings, conferences, and publication of ideas about how to move our individual and collective efforts forward.

1. Project work plan for September 2002 to September 2003

With the above in mind, Nanette undertook, following the retreat, to draft the outline of a Project work plan for the period September 2002 to September 2003. The September framework was conceived of with the assumption that a summer retreat would be a yearly centerpiece for the Project’s work.

The overall goals of the Project were described in the work plan as the imbuing of legal culture with a spirit of love, healing, and connection; fostering recognition of the importance of law in helping to create a new political sphere; making participants’ activities visible to each other and to the broader legal community; and finding connections between the different ways participants are manifesting these ideas in their work, and reflecting those connections through writing, teaching, and organizing activities.

a. Restorative Justice and Criminal Law

In the area of restorative justice and criminal law, activities would include:

studying the restorative justice movement’s advances, as key to helping lawyers envision how to bring restorative practices into the arena of conflict resolution in the civil practice area;

helping to articulate and address the concerns of criminal defense attorneys who view restorative justice as potentially erosive of their clients’ due process rights; and

helping to foster the development of regular contexts where prosecutors and defense counsel can meet to discuss ways of transforming the criminal justice system.

In addition, for both the criminal and civil arena, we would propose and support legislation that allows for litigants to apologize and relate personal feelings, such as condolences, without jeopardizing their legal interests.

b. Legal Education

In the realm of legal education, activities can include:

New College of California's Law School developing and enhancing its curriculum “modules” experiment;

Project participants developing or facilitating the development of a handbook for the re-teaching of popular courses in the first-year curriculum; and mailing the handbook to curriculum committees and first-year teachers in all US law schools, with the Project seeking funding, if necessary, to support this effort.

Law teachers involved in the Project will continue their dialog concerning ways to develop more material for transmitting spirit-law-politics values, including designing "side dishes" that might be offered in law schools (these being courses that are not necessarily part of the regular curriculum, but offer students the opportunity to sample the Project’s approach). In addition, we would organize during this year a one-day conference on transforming legal education, perhaps to be held in Boston, in relation to and as support for Cheryl’s current efforts.

c. Civil Practice and Mediation

In the area of civil practice and mediation, interested Project members will:

seek training in a transformative or understanding-based mediation model and in nonviolent communication;

develop further the concept of the lawyer-mediator, involving training in mediation and other related skills;

develop further the concept of training lawyers in peace-making activities; and seek funding for these endeavors.

Those who are interested in working on this further would develop a common understanding of how to advance the use of mediation-type practices. Foci for this activity could be at New College Law School, through Chris Kanios’s Center for Mediation and Justice, in Northampton, Massachusetts, through Dianna Stallone’s law office, and others. A mediation working group to be formed can start to articulate this concept further.

d. Legal Practice Generally

In the area of legal practice, activities include fostering the model of the lawyer as a person who:

envisions his or her role as helping clients experience their lives as meaningful;

is spiritually and morally engaged in the representation;

helps find the creative moving forces within conflict; and

helps to develop practical examples of how doing work in this way can be shared with others.

Project members who are engaging in practice that they view as falling within these categories can actively share examples of these practices, and, as a group, can observe and study how well they are working and write about them. Members might also explore the possibility of putting together a book of stories we share on fostering mutual recognition through law, as a way of putting the Project’s perspective into the public arena.

2. Project organization, communication, and planned activities

Looking at the overall picture for the Project, from an organizational point of view, retreat attendees over the next year might agree to: with the assistance of Wendy Ervin, set up a schedule whereby two people would report each month to the spirit/law/politics listserve on how they are attempting to manifest the Project values in their work. Over time, these stories could become (with the permission of the submitters) the basis for a newsletter that can also include reports received from those sending email submissions to the Project web site (getting the web site up and running would also be part of this year’s work plan) and other information gathered about transformative law-related activities happening around the country.

The Project members will also, to maintain connection, meet by conference call, either in regional grouping or subject-matter grouping, three times between now and next summer's retreat (whichever makes more sense to people), the conference call to be initiated and set up by Wendy, and with Peter to join and participate, possibly with others from the Project.

If viable, between now and next summer’s retreat, Project members will organize a local event in their respective communities (e.g., in conjunction with a bar association or other forum, or an evening meeting in their homes) to open up discussion with other lawyers concerning these ideas and potential projects.

Our database will be updated by contacting everyone currently in our database, based on contacts from 1996 to present, providing them with information about the web site, and asking them to email to us their current contact information and other information that could be helpful to regional and subject-matter organizing efforts.

Another retreat will be organized for next summer, with funding sought to provide scholarship assistance for prospective participants. In addition, at least one substantive event relating to one of the subject- matter areas will take place during this coming year (e.g., a one-day conference on legal education).

Finally, through seeking additional funding, an effort will be made to expand and solidify our infrastructure.

3. Closing

After we had finally spoken all of our words, our weekend gathering came to an end with a closing ceremony in which we gathered around the altar that had been our centerpiece throughout the three days. Surrounding the objects on the altar, all of which radiated a sacred character of which we were all aware because we had heard each object be sanctified by whatever testimonial and witness had accompanied its placement, we held hands and allowed ourselves to express, at our own pace, whatever it was that we were each most grateful for that the retreat had given us.

The closing ceremony was a beautiful moment of community, and like all endings of intimate gatherings of this kind, we all felt the poignancy of knowing that we were moving out of one spiritual space and into another, the greater reality of our lives that awaited us. It seemed we were all aware that by our common effort we had accomplished something significant, elevating our own being and awareness of our being and having made a genuine step forward in advancing our belief in our capacity to transform law and the social world.