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At one point or another, most organizations will experience an organization-altering, even traumatic, event. This may be in the form of a fallen leader, a major corporate transition, a widespread conflict, a split in the organization, or a safety or security event. When these kinds of events happen, lawyers are hired to assess legal risks, investigate causes, and provide guidance for dealing with employees, authorities, constituents, and the public. When these tasks are completed, lawyers often see themselves as having no further role. In fact, here is where many of us lawyers see a hard stop. Any next steps relating to working through conflicts within the organization, facilitating peace after a chaotic season, or seeking to bring about healing through restorative processing and conversation belong not to attorneys but to someone else such as human resources, pastors, counselors, or special consultants.

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Of course, this work does not belong to lawyers alone, and it may not even be a good idea for many lawyers to engage in this work. But I do believe Christian lawyers may have a unique way to fill a significant gap that exists. Specifically, Christian lawyers have more tools in their toolbox and, hopefully, more motivation to serve clients beyond just identifying risks and solving problems in the way that any other lawyer might. The tools I’m referring to are what I’m calling restorative tools. The motivation I’m referring to is the gospel.

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As Christians, we are called to extend forgiveness, seek reconciliation, and pursue restoration. The underpinnings of this call are found in the way Christ deals with us. In Christ, God did not enact retributive justice; He enacted restorative justice. He could have punished us, and, indeed, such punishment would have been just. Instead, He chose a different route—one to redeem and restore. Through Christ, we are spared punishment, redeemed, and restored. Notwithstanding this truth, when it comes to justice on earth, we spend our time wondering how God is going to achieve justice. Based on what we see in Scripture, God spends his time thinking about how His justice is going to achieve restoration. Restorative justice is not justice softened or justice abandoned; it is justice infused with a relational goal.

When Christian lawyers handle disputes, resolve conflicts, and seek justice in restorative and relational ways—ways that mirror Christ’s ways—they bear witness to the kingdom of God. They preach the gospel with their actions.

I am not the first, nor will I be the last, to suggest Christian lawyers are called to practice law consistent with the gospel. Indeed, there are organizations and law firms that specifically include this as part of their mission. Lots of individual lawyers incorporate their faith in their work. What I want to suggest here is we have some tools at our disposal as lawyers that we may not always realize. By using restorative tools in our practice and in the advice we give to our clients, we can participate with Christ in His restoration of all things.

A Brief Detour to Talk About Restorative Justice

The term “restorative justice” sounds scary to some, I suppose, because the concept of justice can be scary, especially if you’re aware of your need for grace and not justice in the spiritual sense. Restorative justice is variously referred to as an approach, a process, a set of tools, and a lens. It has its roots in Native American history and has been used for generations in faith communities like the Mennonite church. Notably, a form of restorative justice was the central component of South Africa’s Truth and Reconciliation Commission and in justice efforts in Northern Ireland and Columbia. In the United States, restorative justice has been increasingly used in the juvenile criminal context and in schools where retributive justice and/or punishment have not worked to decrease crime, reduce recidivism, or bring about peaceful co-existence.

What is restorative justice? Fundamentally, restorative justice responds to wrongdoing by seeking first to repair the harm done through collaborative processes that focus on relationship. Restorative justice can take different shapes depending on the situation, but, generally speaking, a process or tool falls within the restorative justice rubric if it:

Focuses on the harms and consequent needs of the individuals harmed, as well as those of the community and the agent of harm;

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Addresses the obligations that result from those harms;

Involves those with a legitimate stake in the situation; and

Seeks to put wrongs right.(1)

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A key element of restorative justice is the concept of circles, which are conversation spaces designed to allow for (1) listening and problem solving among those impacted by a particular crime, offense, or traumatic event or (2) ongoing conversation and resolution of conflict and trust building. The foundation of circles designed to create restoration is that all the stakeholders—the victim, agent of harm, and community members—participate. This is the place where repentance and real transformation can occur.

When I first read through the restorative rubric and the concept of circles several years ago now, my heart started to speed up, and something in me began to long for more restoration not only in my life, but also in my legal practice. I have set out on a journey, which continues today, to see how I might use restorative justice processes and tools in my everyday legal practice. In any given situation, I am asking how I can ensure my clients are legally well-protected and compliant and also being actively concerned for their own well-being and the well-being of those with whom they are in conflict. Don’t mishear me— lawyers are and must be advocates for their clients. I am not suggesting we become lax in our duties to our clients. What I am saying is that I believe part of our advocacy for our clients needs to include their overall situation and how a particular outcome may impact them and their constituents, employees, adversaries, and communities. In other words, we need to take seriously the truth that as lawyers we have a “special responsibility for the quality of justice.”(2) We are permitted to advise clients on moral, economic, social, and political matters when relevant to their situation.(3)

Restorative tools and processes include circles, listening, empathy, collaborative discussions, community involvement, apologies, forgiveness, restitution. How might we use listening circles at a board level when a dispute begins to break out? Or in employee conflicts? How might we encourage our clients to look at their adversary with empathy? How might we be more collaborative where appropriate so that solutions are not just satisfactory but generative for everyone involved? How might stepping back and acknowledging the pain, discomfort, anger, or hurt certain individuals are experiencing contribute to a better, more Christ-honoring outcome? How might an apology allow a hurt person to move on? How might extending forgiveness provide relief to a wrongdoer? There is so much more to be said, to be learned, to understand about the role of a lawyer and using restorative justice tools and processes. For now, though, let me suggest the following:

In most situations we face as lawyers, a conflict of some kind exists, and I have yet to meet anyone who likes conflict. Even we litigators generally do not desire conflict (especially in our own relationships). Conflicts can end with everyone disappointed and angry, but they can also end with hope. Do some reading on restorative justice and the tools used to restore relationships, communities, churches, and classrooms. My favorites include: Zehr’s book cited above; Howard Zehr’s Changing Lenses: Restorative Justice for Our Times; Daniel W. Van Ness and Karen Heetderks Strong’s Restoring Justice: An Introduction to Restorative Justice; and Aida Y. Hass-Wisecup and Caryn E. Saxon’s Restorative Justice: Integrating Theory, Research, and Practice. I guarantee you will find wisdom for your legal practice.

The fundamental message of the gospel is redemption and restoration. We are restored to relationship with our Heavenly Father through Jesus Christ. By working toward restoration of relationship not only with God, but also with others, we are participating in the restorative work of Jesus. This means, of course, there will be opposition. Pray not only that God would open your eyes to the right situations to suggest the use of restorative tools and processes, but also for the courage to suggest it and the perseverance to follow through. Pray He would enable you to participate in His restoration through your work.

Not every situation calls for the use of restorative tools, but once you learn what is out there and how you might engage those tools, practice! Research what restorative justice organizations might be in your community or available to you and point your client in that direction, if appropriate. You could recommend a client take their dispute to such an organization for assistance. Consider the situations that come your way where what is really needed is reconciliation and restoration of relationship. Maybe a listening circle would be helpful to your client. Maybe encouraging your clients to step into the shoes of their adversary would actually help them find a better outcome.

As lawyers, we are duty bound to advocate for our clients. Sometimes we add friction to situations, and that is what is needed. But sometimes, we may be presented with an opportunity where using restorative tools might help soothe and better serve our clients. We might be able to present a pathway to healing and restoration for their relationships and communities. I pray we would when we have the opportunity.

Read the full issue of The Christian Lawyer <a href="https://www.christianlegalsociety.org/wp-content/uploads/2024/11/TCL_Fall-2024_final_web.pdf">here</a>.

<cite>ENDNOTES </cite> <cite>1 Howard Zehr, The Little Book of Restorative Justice, 32-33 (2002).</cite> <cite>2 Model Rules for Professional Conduct Preamble §1 (American Bar Association Center for Professional Responsibility 2024). </cite> <cite>3 Model Rules for Professional Conduct Rule 2.1 (American Bar Association Center for Professional Responsibility 2024).</cite>

Close-up of a wooden judge’s gavel resting on a sounding block in a courtroom setting.

Close-up of a wooden judge’s gavel resting on a sounding block.

Restorative Justice Processes and Tools for Painful Situations

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