Restorative justice and therapeutic jurisprudence highlight the importance of empowering parties, of actively involving them in dispute resolution processes, and of using processes that comprehensively address underlying issues.204 They also stress the value of helping parties manage emotions associated with their legal problems and the importance of professionals exercising emotional intelligence skills in their work. The values and processes they promote have significant implications for the functioning of courts, lawyers and the justice system in general.
They challenge conventional thinking about courts, legal practice and the role of litigants and clients, while offering a richer and more professionally rewarding vision of their respective roles. However, they are not a panacea for the justice system’s problems. Restorative justice is not effective in all cases, and other values of the justice system may outweigh therapeutic values in particular cases.205 Nevertheless, there are good reasons for considering how therapeutic jurisprudence and restorative justice can be more extensively used in the justice system and how their values can be incorporated into legal education. In addition to providing knowledge of the law and its application and advocacy, legal education should provide the interpersonal, intrapersonal and problem-solving skills needed for a happy and successful professional life.
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