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Cardozo Journal of Conflict Resolution

Abstract

This paper explores the notion of collective trauma and discusses the implications of its theoretical underpinnings in two Alternative Dispute Resolution (ADR) practices. First, it offers the use of the Narrative Mediation model to construct a method to deal with collective trauma, as it affects individuals. Narrative Mediation is presented as the most comprehensive and transformative tool to address collective trauma. Second, an ADR approach to collective trauma is offered in cases where no mediation is possible. The concept of "fitting the forum to the fuss," which is a fundamental organizing mechanism in the ADR field, is applied in this stage, combined with the principles of Therapeutic Jurisprudence (TJ), a movement that addresses the therapeutic aspects of law. The integrated formula is used to devise the proper ADR mechanisms for the treatment of traumatic collective events. The claim is that acknowledging the therapeutic needs and collective significance of such events through process choice, supported by legal regulation, can help to overcome the trauma, or at least to minimize its anti-therapeutic effects. The collective trauma of 9/11 and the subsequent Victim Compensation Fund, which operated as a healing mechanism, will both be presented as a case study arguing for a forum choice that combines functional analysis with therapeutic elements.

Disciplines

Dispute Resolution and Arbitration | Law

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