Families in Circle Process: Restorative Justice in Family Law

• Published date: 01 July 2015
• DOI: http://doi.org/10.1111/fcre.12164
• Date: 01 July 2015

FAMILIES IN CIRCLE PROCESS: RESTORATIVE JUSTICE IN

FAMILY LAW

Susan Swaim Daicoff

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This article explores the use of “circle process”—a form of restorative justice—in family law and places this effort within a

larger movement within the law toward law as a healing profession, or the “comprehensive law movement.” It explores the fea-

tures and underpinnings of circle process and its relationship to original forms of dispute resolution such as those used in

African-style mediation and indigenous people’s dispute resolution in North America. Values expressed by these forms of dis-

pute resolution are argued to be particularly relevant in family law. Finally, it focuses on an innovative and exciting court-

sponsored program begun in Chicago in 2008, using circle process with families in conflict, in the Cook County Parentage and

Child Support Court. This program’s results suggest potential benefits and cautions of using circle process in family law.

Key Points for the Family Court Community:

Restorative justice, in particular, circle process, can be used to resolve family law cases.

Circle process widens the group of participants in alternative dispute resolution of family law matters.

Circle process brings more voices to the table, namely, extended family, friends, and supporters, thus enhancing the

group’s decisionmaking.

Judges will want to be sure the families in question are appropriate for circle process before referring them to this

method of resolving disputes.

Circle processes can result in improved communication and relations among families in conflict.

Circle process reflects the values of “original dispute resolution,” which often in turn reflects ubuntu, the idea that all

humankind is interconnected.

Circle process is part of a greater movement towards law as a healing profession/the comprehensive law movement,

which includes therapeutic jurisprudence.

Keywords: Alternative Approaches to Family Law; Circle Process; Comprehensive Law Movement; Families in Conflict;

Family Law; Restorative Justice; and Therapeutic Jurisprudence.

INTRODUCTION

In June 2011, I was asked to speakto a family law bar in Cleveland, Ohio.

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It was a day-long work-

shop attended by aboutthirty-five lawyers, mediators, and judges with impressive credentials and expe-

rience. Not being a family lawyer, I was somewhat worried about presenting my thoughts on the

“comprehensive law movement,” or law as a healing profession, which might or might not have

seemed relevant to my august audience. To my surprise, as soon as I introduced the concept of circle

process as one form of restorative justice, the audience quickly responded by clamoring to simulate a

divorce case, in circle, in the afternoon session. I had never conducted a circle process in a family law

case or even simulated this, so I was, again, apprehensive, but intrigued. I insisted that we cover a few

more planned topics, but then we rearranged the rest of the program to make space for several hours of

a circle process simulation of the divorce of a bicoastal same-sex couple with a child.

This experience made an indelible impression on me: first, because it had never been done before,

to my knowledge; second, because of the creative problem solving and unifying power of the circle

process, even in a simulation, to resolve very difficult family issues; and third, because I was chal-

lenged to continue to effectively facilitate and hold the circle when some of the role players expressed

strong emotions about the situation.

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At the end of the simulation, several participants remarked on

the potential value of restorative justice—in particular, circle process—in resolving family law dis-

putes. I came away from the workshop energized by the innovativeness displayed by its attendees

Correspondence: sdaicoff@azsummitlaw.edu

FAMILY COURT REVIEW, Vol. 53 No. 3, July 2015 427–438

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C2015 Association of Family and Conciliation Courts