Reflecting on Restorative Justice Week 2025

In the acknowledgements to my new book, Becoming a Restorative Lawyer: How to Transform Your Legal Practice for Self, Client, and Community Growth, I wrote: “Somewhere along the way, some of us become fortunate enough to find ourselves in a community that supports, encourages, and loves us. I am grateful to have fallen in with the right crowd, who made it possible for me to find my way to becoming a restorative lawyer. Thank you to everyone in this community, including my family and friends, who created space for me to explore this practice and find time to write about it.”

At the time, I didn’t fully understand how wide and generous that community truly is. Last week, which coincided with the book launch and with Restorative Justice Week, made that very clear. From the opening events hosted by the West Virginia Restorative Justice Project at the Jefferson Senior Center and Shepherd University, to a conversation on the Blessed Be podcast, to the gathering at the Barns of Rose Hill, and then the webinar with the Zehr Institute and three colleagues from abroad, I felt consistently supported and encouraged.

Throughout the week, I heard a shared hope for a legal culture that leans more toward cooperation than conflict. I appreciated the chance to talk about the experiences—uplifting, challenging, and complicated—that shaped my work. I also appreciated the many reconnections with clients, colleagues, friends, and family. Two clients whose stories appear in the book attended the events, and their kindness reminded me why this work matters. Marshall Yoder, who joined me in imagining an early form of this approach years ago, recalled our first presentation on the topic at the 2008 Association for Conflict Resolution conference in Austin. Immigration attorney Ozlem Barnard took part in one of the events and later shared thoughtful reflections about the conversation on professional responsibility. Theresa Merkel, my mentor when I trained as a court-referred mediator in Virginia, greeted me with a hug and tears of joy as we talked about our shared dedication to problem-solving outside of adversarial systems. The week also brought opportunities to reconnect with friends from my time at the Center for Justice and Peacebuilding at Eastern Mennonite University.

Looking ahead, I’m encouraged by the interest in the ideas behind the book. In June, I will join colleague Taylor Graham in Pocahontas County, West Virginia, for the first in-person retreat devoted to this approach to lawyering. We’ll explore the book’s themes in a rural setting designed to support reflection and help participants adapt the material to their own practices, while also building a professional network committed to more humane legal processes. In late April, I will offer a full-day workshop for the Pennsylvania Council of Mediators focusing on how traditional legal habits can unintentionally shape mediation, and how mediators can shift toward more collaborative methods.

Earlier in the year, I will lead a set of workshops in January and February for those interested in family mediation in West Virginia, expanding on the fall training for new mediators. Additional readings and events are also in progress.

My partners during launch week have full schedules ahead. The Barns of Rose Hill has a variety of performances and community programs planned for the season. Blessed Be continues to build new episodes that explore root causes of conflict and pathways to meaningful change. The Zehr Institute has a series of December webinars addressing different dimensions of restorative work. The West Virginia Restorative Justice Project is planning two events in the coming months, including a statewide summit in June. And I will return to the Jefferson County Senior Center to train several participants in circle keeping.

As we enter a week when many of us pause to reflect on what we appreciate, I continue to think about the people who helped bring this book into the world. I am especially grateful for everyone who contributed to such a meaningful and memorable launch week.

What is a Lawyer? Our Changing Identity in the Restorative Practice of Law

For many years, the legal profession has highlighted analytical rigor, structured thinking, and mastery of procedure. These qualities matter, but they tell only part of the story. When we look closely at what brings people into legal disputes, we see something more fundamental. Clients seek help during periods of disruption, fear, and uncertainty. In these moments, lawyering often becomes a form of healing work, even when we do not consciously describe it that way.

This idea is not symbolic. Lawyers meet people when their stability has been shaken. A charge, a custody fight, a housing crisis, a business conflict, or a threat to personal safety can interrupt the ordinary flow of life. The legal problem is only part of the client's problem. Beneath it lie emotions such as fear, shame, fatigue, and confusion. We step into a client's life at a moment shaped by stress and vulnerability, and our role extends far beyond the legal issue itself.

Why This Perspective Changes Outcomes

Viewing lawyering through a healing lens does not ask lawyers to become mental health professionals. It simply acknowledges that every legal dispute takes place within a human story. This recognition strengthens the work in several ways.

Legal issues often reflect larger patterns. Trauma, family history, social pressures, or systemic inequities can all contribute to shaping the conflict. When lawyers understand this context, they communicate more effectively and make more grounded strategic decisions. Clients also respond to how they are treated throughout the process. Respect, clarity, and a sense of being heard can influence their overall experience as much as the final result. Lawyers themselves also absorb emotional strain. Working with conflict and trauma continually affects well-being, and a healing-centered approach requires awareness of this impact.

A Broader View of Professional Identity

When we integrate this perspective into our work, our understanding of the lawyer's role begins to shift.

The relationship between lawyer and client becomes collaborative. Clients contribute their lived experience and values, while the lawyer contributes legal knowledge. The process becomes shared rather than directed. This orientation also invites lawyers to bring humanity into their work, rather than assuming that emotional distance is always required. Empathy can improve judgment and foster a deeper rapport. It allows us to focus on a resolution that supports stability and dignity, rather than concentrating solely on defeating an opposing party. It also encourages a broader definition of success. A purely technical victory that leaves a client discouraged or retraumatized does not serve anyone well.

How Healing Principles Inform Everyday Practice

A healing-centered practice influences routine decisions that shape the attorney-client relationship.

Lawyers can ask questions that invite a fuller understanding of the client's experience. They can acknowledge the emotional weight in the room and set clear expectations to ease uncertainty. They can encourage reflection rather than constant reaction. They can also recognize the risk of vicarious trauma within their own work and adopt habits that protect their well-being. Over time, these small shifts can significantly impact the way institutions operate. Law schools can integrate trauma-informed teaching. Courts can be more inclusive to promote fairness and understanding. Legal workplaces can treat well-being as a core component of effective practice.

Moving Toward a More Sustainable Profession

Considering lawyering as healing work challenges the belief that law is purely intellectual and that emotion threatens rational thought. In reality, effective advocacy requires both clarity of mind and strength in human connection. Conflict resolution, mediation, and rights protection all depend on relationships. When lawyers recognize this, the work becomes more sustainable. Burnout becomes less likely, and the practice gains deeper meaning. Lawyers become partners in helping clients regain stability and dignity during difficult chapters of their lives.

A Call to Intentional Practice

Reimagining our professional identity is not theoretical. It is a practical shift that aligns our understanding of legal work with what clients genuinely experience. Approaching lawyering as healing work supports better outcomes, reduces unnecessary harm, and fosters a more humane legal system. Many lawyers already do this intuitively. The opportunity now is to bring intention to the work and create more room for clarity, empowerment, and positive change for clients, lawyers, and communities alike.

Bringing Full Humanity Into Legal Practice

Lawyers are trained to fix things. Something goes wrong, and we look for the rule that was broken, the argument that will persuade a neutral party, and the solution that will resolve the situation. But after nearly forty years practicing law, I’ve come to realize that the cracks in the legal profession—those places where clients and communities don’t feel heard, seen, or satisfied—are often far bigger than we imagine. These cracks aren’t likely to be patched with more rules, policies, or programs alone.

For decades, the legal profession has tried updating systems, reforming ethics codes, and introducing lawyer wellness initiatives. These are important efforts, no doubt. Yet many lawyers remain exhausted, disconnected, and disillusioned. Meanwhile, people continue avoiding the legal system to address their disputes—some because they don’t trust it, some because they can’t afford it, and many who do enter the system leave more confused and frustrated than when they arrived. The issue isn’t only what we do—it’s how we show up. It’s about the human connection, or lack thereof, that clients experience when navigating a system that often feels anything but just.

What the profession truly needs is not more rules—it needs restoration. Restoration supports lawyers in facing pain without turning away, holding grief and conflict without being consumed, and bringing their full humanity to the work. Restoration equips us to meet clients where they are, recognize their humanity, and work toward repairing the harm caused by legal disputes.

Restorative lawyering starts with remembering that law is fundamentally a human practice. Every brief, negotiation, and judgment involves people—people more complex than the single incident that brought them to our offices. Complicated, fragile, hopeful people. Lawyers must honor both their own humanity and that of the clients who trust us to guide them through some of the most challenging moments of their lives.

Restorative lawyering encourages a shift in perspective: from winning to understanding, from control to connection. It asks us to bring our whole selves—intellect, heart, and spirit—into our work. When we do, clients stop being “cases” and start being partners on a journey to examine disputes, explore options, and find resolutions that help them heal and integrate the experience into their lives.

Where do we start? By practicing law mindfully, with reflection, deep listening, and respect. Restoration allows us to repair not just the justice system, but ourselves. It shows us that accountability can coexist with compassion, and that strength can walk hand in hand with kindness.

Law is dynamic. Laws change, societies evolve, and reform is always necessary. But reform alone—new rules, updated policies, or procedural changes—will never be enough. Without restoration, the hearts of those working in the system remain weary, and true justice, deep enough to create meaningful restoration for clients and communities, cannot flourish.

Restoring the legal profession means breathing life back into it. It means remembering why we became lawyers in the first place: to help, to heal, and to make sense of the human experience.

Let’s not settle for merely reforming what we do. Let’s embrace restorative lawyering, strengthen lawyer wellness, and create a legal practice that honors humanity while expanding the potential for justice, healing, and meaningful connection for our clients, our communities, and ourselves.

From Conflict to Connection: Restorative Justice at the Barns of Rose Hil

Join me at the Barns of Rose Hill in Berryville, Virginia, on Wednesday, November 19, 2025, at 6:00 p.m. for an evening celebrating the release of my new book, Becoming a Restorative Lawyer. This event is also a celebration of International Restorative Justice Week and an opportunity to discuss the distinct perspective on harm and wrongdoing that restorative justice offers.

Restorative justice is about more than rules and punishment — it’s about relationships, accountability, and healing. During this event, From Conflict to Connection: A Dialogue on Restorative Justice, we will explore how these principles can transform legal practice, communities, and everyday interactions.

I’ll be joined by Howard Zehr, my mentor and longtime friend, widely recognized as a pioneer of restorative justice. Zehr is also an accomplished photographer whose work highlights human resilience, accountability, and the power of repair. Together, we’ll discuss what it means to approach conflict and harm through a restorative lens.

About Howard Zehr

Howard Zehr’s career spans decades of work in restorative justice. He helped establish some of the first victim-offender reconciliation programs in the United States and has consulted internationally in more than 25 countries. His books, including Changing Lenses and The Little Book of Restorative Justice, have shaped generations of practitioners and policymakers. Zehr’s photography — from quiet landscapes to portraits exploring transformation over time — complements his restorative work by inviting viewers into reflective, contemplative spaces. In Becoming a Restorative Lawyer, his images of trees, paths, and natural landscapes act as metaphors for resilience, choice, and renewal, encouraging the kind of attentiveness restorative practice requires.

What to Expect

  • Insights from me and my nearly 40 years of experience as an attorney: Learn how lawyers can move from adversarial approaches to relational practice.

  • Howard Zehr’s observations and ideas: Explore restorative justice principles through dialogue and photography.

  • Interactive Discussion: Ask questions, share reflections, and engage with both speakers and fellow attendees.

  • Networking in a Historic Setting: Enjoy the inspiring space of the Barns of Rose Hill.

Why Attend

Restorative justice offers a new perspective on wrongdoing and harm. Instead of focusing solely on punishment, damages, or penalties, it emphasizes empathy, accountability, and repair. This event invites attendees to reflect on how justice can create opportunities for healing and stronger relationships, whether in legal practice, community work, or daily life.

Event Details:

  • Date & Time: Wednesday, November 19, 2025 | Doors 5:30 PM | Program 6:00 PM

  • Location: Barns of Rose Hill, 95 Chalmers Court, Berryville, VA

  • Registration: Free (RSVP recommended) Register Here

This evening is for anyone interested in restorative justice, law, community building, or the intersection of visual storytelling and human-centered practice. Come with curiosity, an open mind, and a readiness to explore new ways of connecting, understanding, and repairing harm.

Becoming a Restorative Lawyer: Building a Culture of Connection Across Legal Traditions

Today’s blog post is part of a series that will provide more information and detail about the upcoming events recognizing Restorative Justice Month in November and celebrating the launch of my new book, Becoming a Restorative Lawyer. We have a variety of events scheduled, something for everyone! Two events will be held in person, and two are available online from the comfort of your own home or office. One of these is a webinar produced by the Zehr Institute, which will feature a conversation between founder Howard Zehr and me, as well as an international panel of restorative lawyers, exploring how restorative practice may transform the way lawyers approach the resolution of legal disputes. We will explore how restorative principles can reshape the practice of law across cultures and how lawyers can create a new global culture of connection, healing, and justice. We will tackle such questions as “How might restorative principles guide resolutions in civil, environmental, or family conflicts?” and “Could restorative justice change what 'access to justice' truly means?

I am especially excited about the panel of lawyers who will be joining us.

Luís Bravo, from São Paulo, Brazil, trained as a criminal lawyer, also holds a Master of Advanced Studies degree in Peace and Conflict Transformation from the University of Basel, Switzerland (2015), and a Master of Arts (MA) degree in Peace, Development, Security, and International Conflict Transformation from the UNESCO Chair for Peace Studies in the University of Innsbruck, Austria (2017). Since 2015, he has been primarily dedicated to Restorative Justice as both a facilitator and a consultant in nationwide restorative justice projects within the Brazilian Criminal Justice System. He is the founder of the conflict transformation consultancy Karutana and the executive director of the Abura Institute, an NGO dedicated to implementing Restorative Justice, conflict transformation, and peacebuilding projects. Since 2024, he has been a PhD candidate at the Human and Social Sciences Program (PCHS) at Universidade Federal do ABC, São Bernardo do Campo/Brazil.

Petra Šach is a lawyer and expert in restorative justice, striving for its broad integration into Czech criminal law, both theoretically and in practice. She is the founder and chair of the Institute for Restorative Justice. At the academic level, she works as a researcher at the Faculty of Law of Palacký University in Olomouc. Since June 2020, she has been a Board member of the European Forum for Restorative Justice. She graduated from the Faculty of Law of Charles University and earned her doctorate at the Faculty of Law of Masaryk University.

Maria Karina Echazú is an Argentine attorney with a law degree from the University of Buenos Aires (UBA). She has served in her country (at Ushuaia city) as a Criminal Prosecutor, working in the investigation and judgment of all types of crime, especially on domestic violence and sexual abuse cases. Previously, she held the position of clerk in the Family and Juvenile Court. She has participated as a speaker in different congresses in Argentina and is the founder and current member of the Women’s Rights Institute at the Public Lawyers’ Association of Ushuaia. Karina is committed to advocating for women’s rights and explores this goal within the context of restorative justice principles.

The program is offered at 2:00 p.m. on November 20, 2025, Eastern Standard Time. It is free, and participants may register at  https://streamyard.com/watch/Sq7QCAPN5WdX

What Does it Mean to be a "Restorative Lawyer?"

In the legal profession, where adversarial proceedings often dominate, the concept of a restorative lawyer offers a transformative approach to justice—one that encourages legal practitioners to move beyond traditional roles and embrace healing, growth, and community well-being.

Beyond the Adversarial System

The traditional legal system, with its focus on procedures, laws, and winning, can often leave individuals feeling unheard and unhealed.

In 1998, when I served as an assistant prosecutor, I walked into the courtroom on the third day of a jury trial with a family member of the victim. He looked at me and said that this experience was “worse than a funeral.” Many victims later reported that courtroom victories felt hollow, since they did not address the underlying harm or lead to genuine accountability and apology. Some clients have described the legal system to me as one that compounded suffering rather than manifesting justice.

A restorative lawyer recognizes these limitations and seeks to find the healing power within the practice of law. This involves a shift in mindset—from simply matching legal rights to facts, to identifying and addressing unmet human needs.

The Journey to Becoming a Restorative Lawyer

My personal journey highlights the evolution of a restorative lawyer. I rely on the stories and lessons from my clients to describe this practice. Initially, like many in the legal field, I focused on exposing injustices and fighting zealously for my clients. However, through experiences of “heartbreak”—cases where legal victories didn’t bring true healing—I began to question the efficacy of the existing framework.

This exploration led me to restorative justice (RJ), therapeutic justice, and transformative-style mediation. These approaches offer alternative paths to resolving legal conflicts—focusing on harm and healing rather than just procedures and laws.

a beautiful tree by a stream illustrates the depth of understanding in restorative justice

Becoming a Restorative Lawyer (Good Media Press 2025) is illustrated with photographs by Howard Zehr

Key Principles of a Restorative Lawyer

From Becoming a Restorative Lawyer by Brenda Waugh, several key principles emerge that guide restorative legal practice:

1. Focus on Harm and Healing

The core of restorative lawyering is addressing the harm caused by wrongdoing and facilitating healing for all parties—victims, offenders, and the community. This goes beyond legal remedies to consider emotional and relational impacts.

2. Client-Centered Approach

Restorative lawyers seek to understand the full narrative of their clients’ lives and the “untreated wounds” that shape them. Deep listening extends to clients, families, and witnesses, honoring the human experience beyond the legal facts of a case.

3. Agents of Transformation

Restorative lawyers view themselves not just as legal analysts or strategists, but as agents of transformation and healing—for both their clients and themselves.

4. Community-Oriented Practice

This approach recognizes that legal conflicts affect entire communities. Restorative lawyering invites community involvement to promote accountability and collective healing.

5. Beyond Trained Tunnel Vision

Following Nils Christie’s concept of “trained tunnel vision,” restorative lawyers learn to see beyond narrow legal frameworks and apply restorative principles creatively—even when formal programs aren’t available.

6. Self-Reflection and Growth

Restorative lawyering encourages continuous personal and professional reflection. Lawyers, too, experience “recurring wounds” from witnessing human suffering and benefit from restorative healing.

7. Building Relationships

At its heart, restorative practice fosters authentic and respectful relationships, replacing the “us vs. them” mentality typical in adversarial systems.

A New Practice of Law

Ultimately, becoming a restorative lawyer means creating a new practice of law—one that invites lawyers, clients, judges, and communities to support the lawyer’s role as a healer. It’s about finding shared values and allowing them to guide legal work, fostering a practice that nurtures healing for clients and practitioners alike.

This transformative approach offers legal professionals a way to find deeper meaning and satisfaction in their work—moving from a system that can compound suffering to one that actively promotes healing, growth, and justice. Learn more about the potential for the restorative lawyer in my book, Becoming a Restorative Lawyer. Join me in celebrating Restorative Justice Month with my book launch events in November 2025.

Celebrate Restorative Justice Week with Brenda Waugh and Howard Zehr with the launch of Becoming a Restorative Lawyer

This November, join us for a series of exciting events celebrating the launch of my new book: Becoming a Restorative Lawyer: How to Transform Your Legal Practice for Self, Client, and Community Growth, coinciding with Restorative Justice Week. These gatherings aim to explore and promote restorative practices in law and community, featuring insightful discussions and opportunities for engagement.

November 19, 2025 – Book Launch Celebration

  • Event: Becoming a Restorative Lawyer: How to Transform Your Legal Practice for Self, Client, and Community Growth

  • Featuring: Brenda Waugh in conversation with Howard Zehr, Distinguished Professor of Restorative Justice at Eastern Mennonite University and a pioneer in the modern restorative justice movement.

  • Description: Celebrate the launch of Becoming a Restorative Lawyer with an engaging evening discussing how restorative principles can reshape legal practice, strengthen communities, and create opportunities for repair when relationships are damaged. Howard Zehr’s photography, serving as visual metaphors for the book’s main ideas, will also be highlighted.

  • Time: Doors open at 5:30 PM | Program begins at 6:00 PM

  • Location: Barns of Rose Hill

  • Tickets: Free, registration encouraged. Call 540-955-2004 or reserve online.

November 20, 2025 – Webinar: Becoming a Restorative Lawyer

Featuring: Howard Zehr, Brenda Waugh, and an international panel of restorative lawyers:

  • Luís Bravo – Criminal lawyer and restorative justice consultant, Brazil

  • Petra Šach – Lawyer and founder of the Institute for Restorative Justice, Czech Republic

  • Maria Karina Echazú – Criminal prosecutor and women’s rights advocate, Argentin

    • Description: Explore what it means to be a restorative lawyer in a diverse world. Our panel will discuss how restorative principles are transforming legal systems and fostering global cultures of connection, accountability, and healing.

    • Registration: Zehr Institute Registration Form

    November 17, 2025 – Community Building Circles

    • Event: The West Virginia Restorative Justice Project (WVRJP) is hosting community-building circles across the state to celebrate Restorative Justice Week. Last year, over 200 participants joined concurrent circles in 17 communities. This year, more than 20 communities will host circles, creating a statewide network of dialogue and connection.

    • Brenda’s Participation:

      • Morning: Leading a circle at Jefferson County Senior Center as Circle Keeper (private for program participants).

      • Evening: Participating in a circle at Shepherd University in Jefferson County. Following the circle, Brenda will be available to meet attendees and discuss her new book, Becoming a Restorative Lawyer.

    • Time: 5:30 PM – 7:00 PM

    • More Info: WVRJP Upcoming Events

    These events offer a unique opportunity to delve into restorative justice practices, engage with thought leaders, and contribute to building a more connected and compassionate legal community. We look forward to your participation! Contact me if you have any questions!

Getting Started: Why A Restorative Practice of Law?

The first thing is this: This is a blog about restorative lawyering.  But the first thing about restorative lawyering, is this: it is based on a story and based on your own story.  Not my story, not the story of an appellate decision, not the story of a client:  your story.   And guess what?  You are the writer of your own story…so get writing.

Lawyers are odd.  Unique.  Whatever you want to call us.  We are different. But we do take charge of things, relatively easily, for better or worse.  But you know what we don’t take charge of?  Our own lives. I’m here today to remind you to be the powerful person you are and take charge of it—your own life.  Embrace your story, fix it, edit it, revise it, live it.

My story:  when I reached the turning point

This blog is for myself, in order to think about, to try to order, my particular practice of law:  the combination of life, work and human relationships.  The way I got here is not unique.   I was an experienced lawyer, disgusted by my practice and the practice of law.  After graduation in 1987, I thought it was disillusionment, but as time passed, I understand that the problems that we face as practicing lawyers is much bigger than I could have imagined.

While an assistant county prosecutor in 1998, I became frustrated working with victims, and it wasn’t because of their unreasonable demands that many prosecutors complain about.   Rather, it was the limitations of our judicial system.  Victims often told me that they didn’t care so much about jail time, but what they really wanted was to know why the offender did it.  Many complained that they wanted an apology. 

My life as a lawyer was forever changed in October, 1998.  Before that, I loved going to court.  But my bubble was burst one fall day when, as an assistant prosecuting attorney, I climbed the steps to the courthouse with the family members of a child sexual abuse victim.  We were in the second or third day of trial and it was going well. I was feeling optimistic, delighted with the way that the case was unfolding.  The victim’s uncle, a sweet old man dressed in a brown suit glanced up at me as we hiked up the long set up steps to the front door. “This is worse than going to a funeral.”  Really?  I looked at his face, twisted and scared and torn and realized that I would never walk into the courthouse with the same ideas again.

This is a program from the Center for Justice and Peacebuilding where I attended in 2008-2010.

Could Restorative Justice provide another vision? I began looking for options and eventually discovered VORP, or victim-offender reconciliation program.  VORP began in Kitchener, Ontario in the late 1970’s when community members arranged for a group of youthful offenders to have an opportunity to meet with the victim and to apologize for their wrongdoing.  Another community replicated the program in Elkhart, Indiana led by Howard Zehr. 

Professor Zehr, or Howard as he prefers we call him, is often referred to as the grandfather of restorative justice due to his influence in bringing the concepts, with roots in multiple indigenous and historical processes, into our modern jurisprudence.  Eventually, that frustration I experienced working with the judicial system prompted me to return to school at the Center for Justice and Peace at Eastern Mennonite University to study with Howard. 

In a way, I started writing this book in 2007 when I walked into a classroom on the campus at Eastern Mennonite University to take my first course in Restorative Justice.  I sat beside fellow attorney, Marshall Yoder.  Both of us had practiced law for twenty years (between us-large firm, small firm, public and private) and found that we offered many clients resolution to their immediate, presenting legal problems.  However, for many of them, the law got in the way of addressing the real conflict. 

Envisioning a restorative practice of law. While in the master’s program at Eastern Mennonite University, I sometimes imagined quitting the practice of law to devote my time to setting up a restorative justice program, or finding a new venue that would permit us to work as peace builders.   Other times, I considered establishing formal programs that would incorporate our legal backgrounds with the materials we learned at the Center for Justice and Peace.  A little like Dorothy in the Wizard of Oz, I eventually learned that the change in our work would not come from changing careers or changing offices, but from changing ourselves.  While continuing to practice law during my attendance at CJP, I incorporated small insights gained from my experience in the master’s program.  I did not realize that such a change would entirely transform our law practices, allowing us to take peace-building principles into our work and changing our meaning of what it meant to be a lawyer.

Since I graduated, I have worked with fellow Center for Justice and Peace at Eastern Mennonite to periodically provide for a gathering of lawyers who are working with the principles and values of restorative justice to create a legal practice.  While many of them run restorative justice programs, others work in the form of a more traditional practice of law, incorporating those values within their work. I have drawn on the experience of this group extensively in creating my own practice. This blog includes short essays or observations I’ve written over the years to describe a way to approve the practice of law restoratively.



Restorative Lawyering and Victims of Crime*

*This is a re-post of a blog post on my office’s website: waughlawandmediation.com from April 14, 2016.

At the end of my M.A. program at EMU, I presented my final project on restorative justice.

Restorative justice is another way of looking at criminal wrongdoing.   We can compare restorative justice to retributive justice.  In a retributive system, we look at what law was broken and what sanctions will be imposed.  In restorative justice, the inquiry determines how someone has been harmed and what we can do to meet their needs.

Many readers may associate restorative justice with specific programs.  However, in many places where I practice, including the Eastern Panhandle of West Virginia, there is no formal restorative justice program. Rather, some victims (and offenders) choose to supplement or substitute restorative justice processes to the conventional judicial process.

Victim Offender Conference.  Sometimes, victims have questions that they want to pose to an offender.  They may want to talk to the offender and ask why the offender acted as they did or find out whether or not the offender’s life has been adversely changed by the crime.  Sometimes offenders want to meet with victims or their families to apologize for wrongdoing.  Other victims never want to see or hear from the offender, under any circumstances.  We have had a few cases in the Eastern Panhandle when the victim and the offender both wanted to meet, face to face.  The process  involves, at least, one preparatory private meeting with a specially trained facilitator, and then the meeting.  There are sometimes meetings after the conference as well.  Professor Zehr and Lorraine Stuzman-Amstutz have created an information brochure about victim-offender conferencing that can be located here.  http://www.emu.edu/cjp/publications/all/victim-offender-conferencing-manual/victim-offender-conf-manual.pdf.

This photo is from my capstone presentation as I prepared to graduate from the Center for Justice and Peace in 2009.

Family Group Conferencing.   In New Zealand, http://www.cyf.govt.nz/youth-justice/family-group-conferences.htmlwhen an offender is a juvenile, the system offers most offenders the option of participating in a family group conference, rather than the conventional judicial process.  In the family group conference, interested individuals such as the family, neighbors, church members, mental health professionals, and school professionals, meet together to develop a comprehensive plan to remedy the problems that led to the wrongdoing.  While we do not have a formal program in West Virginia, I’ve had the opportunity to convene a modified version of these conferences less formally, but good  participation and success.    It’s a great option for some families!  To learn more about family group conferencing Professor Zehr has co-authored a  basic book that can be ordered here:  http://zehr-institute.org/book/the-little-book-of-family-group-conferences/.

At the end of my M.A. program at EMU, I presented my final project on restorative justice.  Professor Zehr is in the audience, along with other colleagues.  I presented on the topic of “Restorative Lawyering.”  My presentation describes ways that lawyers can best work to meet the needs of their clients, whether they have suffered a civil or criminal injury or whether they are drafting a will or a prenuptial agreement.   I presented my initial steps in finding a way to practice law that would focus on both the needs and the rights of clients. I was seeking a practice that would value the participation of all stakeholders and allow for us to collaborate in finding resolutions. I wanted to find a way that the law could do more than establish penalties and promote adversarial ways to address our problems.

*This is a re-post of a blog post on my office’s website: waughlawandmediation.com from April 14, 2016.