Today, the Stephen Twist Barrister blog is three years of age.
Back in January 2012, in the then ‘Dere Street Barristers Blog’, my first posting ‘Thirty Three Thesis Thirty Three has stood the test of time. Lawyers’ fees and earnings reduced over the following three years; the world did not end (as the Great Cycle of the Long Count predicted) on 21 December 2012; and my chambers survived a further three years.
My preoccu-prediction that mediation would develop apace was a sage guess – with ADR continuing to rise over three years in civil and family cases, and restorative solutions appearing increasingly in criminal processes. Perhaps my vision of paper-free practices was less visionary. Third party investment in the legal profession was an event that foretold of a trend. More prominent, direct access to the Bar has continued to provide an alternative to the ‘gold card’ spend.
As precursors for this blog, my increasingly present concerns about ‘court process’ resulted in a series of blogs relating to privatised courts, starting in May 2013 with Privatised Courts – where to, where from? The September blog Fit For Purpose, addressing the idea of private court hearings, proved very popular – to the point that it was passed off as the work of an infamous silk until the Bar Council caught up and exposed him. Although slightly off-piste, Party Animals published in February 2014 looked at alternative approaches to family court litigation. However, it was not until July 2014 that my blog got to grips with the prospect of Dispute Resolution Centres in Solving Disputes and Scandalous Costs in November 2014.
Michael Zuckerman, in his excellent article, The Experience of Dignity: Community Courts and the Future of the Criminal Justice System tells of the Red Hook Community Justice Centre in Brooklyn as a community court. Until I read his article, I had not heard of the 70 multi-jurisdictional community courts. The concept, reminiscent of Nils Christie’s paper Conflicts as Property, has significant merits. It returns justice to the community affected, and empowers rather than simply punishes.
So why, in Britain, do we not have such a centre? The economics make total sense. If reduction in offending is an objective, this is surely the way forward. Client and community satisfaction appear to be met exponentially by the project.
As a Youth Offending Panellist and trained restorative justice facilitator, I have seen first hand the benefits of alternative approaches to justice and conflict resolution. Now seems to be the perfect time to return conflict back to the community for repair, rather than to estreat it to the courts for punishment.