Thomas Trenczek

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Thomas Trenczek (born 1960), Ph.D. (summa cum laude), is a German law professor and mediator. He studied both law (bar exams and Ph.D.), and social sciences (M.A.) in Tübingen (Germany), and Minneapolis (USA). [1] [2] He is owner of the Steinberg Institute for Mediation and Conflict Management (SIMK) Hannover and works as a mediation trainer. [3]

Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties.

Trenczek has spent time in the US, Australia, and NZ, to study and train in mediation/alternative dispute resolution (ADR), and restorative justice. [4] [5] Beyond that, his interdisciplinary focus is on law and social control, criminology, as well as youth (protection, welfare, criminal) law. He is currently professor of law at the Ernst Abbe University in Jena, visiting scholar of Griffith University in Brisbane (Australia) Law School, as well as the School of Social and Cultural Studies, Massey University (NZ). [6] Prof. Trenczek is initiator and leading member of the “Socrates Network of European University Schools of Social Work” (SocNet98). [7] [8]

Restorative justice approach to justice that personalizes the crime by having the victims and the offenders mediate a restitution agreement to the satisfaction of each, as well as involving the community

Restorative justice is an approach to justice in which the response to a crime is to organize a meeting between the victim and the offender, sometimes with representatives of the wider community. The goal is for them to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus for what the offender can do to repair the harm from the offense. This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm.

Griffith Law School

Griffith Law School is the law school of Griffith University and is located in Brisbane and the Gold Coast. The school is known for its commitment to social justice, international law and law reform. In the 2018 ShanghaiRanking Global Ranking of Academic Subjects, Law was ranked 33 in the world, which places Griffith first in Australia.

Trenzek is cofounder and chairman of the non-profit WAAGE ("scales") [9] Dispute Resolution Center Hannover, which offers different mediation services, among others mediation in escalated parental/family disputes and a victim-offender mediation/restorative justice service. [10] [11] [12] He is the author of some 200 articles and books about mediation, restorative justice, youth law, and criminology.

Works

In English (for German publications and other languages see [13] ):

International Standard Book Number Unique numeric book identifier

The International Standard Book Number (ISBN) is a numeric commercial book identifier which is intended to be unique. Publishers purchase ISBNs from an affiliate of the International ISBN Agency.

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Dispute resolution is the process of resolving disputes between parties. The term dispute resolution is sometimes used interchangeably with conflict resolution, although conflicts are generally more deep-rooted and lengthy than disputes. Dispute resolution techniques assist the resolution of antagonisms between parties that can include citizens, corporations, and governments.

Victimology study of victimization

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Retributive justice Theory of justice based on an offender deserving a proportional punishment

Retributive justice is a theory of punishment that when an offender breaks the law, justice requires that he or she suffer in return. It also requires that the response to a crime is proportional to the offence. Prevention of future crimes (deterrence) or rehabilitation of the offender are other purposes of punishment. Retribution is different from revenge because retributive justice is directed only at wrongs, has inherent limits, is not personal and involves no pleasure at the suffering of others and employs procedural standards. Classical texts advocating the retributive view include De Legibus, Kant's Science of Right (1790), and Hegel's Philosophyof Right (1821).

Transformative justice is a general philosophical strategy for responding to conflicts. It takes the principles and practices of restorative justice beyond the criminal justice system. It applies to areas such as environmental law, corporate law, labor-management relations, consumer bankruptcy and debt, and family law. Transformative justice uses a systems approach, seeking to see problems, as not only the beginning of the crime but also the causes of crime, and tries to treat an offense as a transformative relational and educational opportunity for victims, offenders and all other members of the affected community. In theory, a transformative justice model can apply even between peoples with no prior contact.

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Restorative practices is a social science that studies how to improve and repair relationships between people and communities. The purpose is to build healthy communities, increase social capital, decrease crime and antisocial behavior, repair harm and restore relationships. It ties together research in a variety of social science fields, including education, psychology, social work, criminology, sociology, organizational development and leadership.

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Participatory justice

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Restorative justice in social work

The practice of Restorative justice offers an alternative approach for dealing with harm caused by crime. It uses a three-dimensional approach that includes the victim, the offender, and the community. Restorative justice programs are used as a method of improving victim and/or offender satisfaction, increasing offender compliance with restitution, and decreasing the recidivism of offenders as an alternative to traditional criminal justice methods of response. The current approach to crime, as Stinchcomb and Fox (1999) point out, “does little to reinforce any sense of either personal responsibility on the part of the offender or personal involvement in the justice process on the part of the victim." Restorative justice practices in social work are often geared towards cultivating alternative spaces, which value personal responsibility and involvement.

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The Alternative Dispute Resolution Institute of Alberta (ADRIA) is a non-profit organization with offices in Edmonton, Alberta, that provides Alternative Dispute Resolution (ADR) services to its members and the public. It was originally founded in 1982, encapsulated within the Alberta Arbitration and Mediation Society (AAMS), but the two organizations split in 2012 so that AAMS could continue to exist with charitable status, while ADRIA emerged and carried on the membership based non-profit work. ADRIA's mandate is to promote the use of ADR while offering education and training to individuals across Alberta and the Northwest Territories in negotiation, mediation, arbitration, and restorative practices. The organization has been used as a source for ADR information, resources and expertise in a range of both private and government matters. This now includes having a key role in the annual Conflict Resolution Day, hosted on the third Thursday of every October since 2007, which seeks to promote awareness for the utility of ADR practices. In 2013 ADRIA helped provide input for the review of the Condominium Property Act with regards to dispute resolution issues.

References

  1. "Prof. Dr. iur. Thomas Trenczek, M.A." Retrieved 28 July 2016.
  2. Restorative Justice in Context, edited by Elmar G.M. Weite Kemp and Hans-Jürgen Kerner, published by Routledge, 2012, pages xxi and xxvii ISBN   1135999236
  3. "Mediator Hannover" . Retrieved 28 April 2016.
  4. "Crisis as Conflict: Restorative Justice in Europe, News & Events, National Centre for Peace & Conflict Studies, University of Otago, New Zealand". www.otago.ac.nz. Archived from the original on 2016-05-04. Retrieved 2016-04-28.
  5. "Mediation made in Germany, Australian Centre for Court and Justice System Innovation (ACCJSI), Monash University, Melbourne" (PDF). Retrieved 2017-02-12.
  6. Fachbereich Sozialwesen. "Thomas Trenczek - Lehrende - Personen - Fachbereich - FB Sozialwesen - EAH Jena" . Retrieved 28 April 2016.
  7. "SocNet98 - History" . Retrieved 17 October 2018.
  8. "SocNet98 – Socrates Network of European University Schools of Social Work" . Retrieved 18 April 2018.
  9. "Waage Hannover=" . Retrieved 10 June 2018.
  10. "Waage Hannover e.V. - gemeinnütziges Zentrum für Mediation und Konfliktschlichtung" . Retrieved 20 March 2019.
  11. Germany, Hannoversche Allgemeine Zeitung, Hannover, Niedersachsen. "Lobende Worte für die Konfliktschlichter von die "Waage" in Hannover – HAZ – Hannoversche Allgemeine". Hannoversche Allgemeine Zeitung (in German). Retrieved 2016-04-28.
  12. "Google translation of preceding reference". Retrieved 2016-4-28
  13. "Steinberg Institute for Mediation and Conflict Management".