Recht in Balans

Integrative Law

More justice than sheer justice

Longing for more justice than only justice is not limited. Internationally, particularly in the United States, a movement has been set in motion which places a human being and his or her life centre stage where justice is concerned.
Disputes are approached in an integral manner, with wisdom and (com)passion, taking human emotions and the human scale into account. Moreover it is regarded how people’s individual capabilities can be addressed and (further) developed. Think f.i. about the ability to reason, empathy, co-operation, ethic action and creativity.

It is about ‘justice aiming for development’, whereby there is trust in the capacities and the power of human beings.
As from this strength, also in difficult circumstances, people can care for the relationship with the other and search for creative solutions for the challenges they are facing.

The result is conciliation or jurisdiction in which justice is truly done to all parties

Instigator behind this movement; Integrative Law is J. Kim Wright.
Kim was nominated as ‘Legal Rebel of the Year’ by the American Bar Association (ABA).
She is a pioneer in finding new ways in which justice can be applied; clients can be assisted and in coaching a new generation of lawyer. Kim Wright is the author of the bestseller ‘Lawyers as Peacemakers’; published by the American Bar Association.

Also see Kim Wright’s recommendation about Digna.

Digna is a Dutch attorney and pioneer, she teaches young lawyers and works from the heart.
Digna de Bruin is the representative of The Netherlands/Europe in the field of international conscious contracts.

Integral approach

Integral approach

A holistic view on rights and justice. Instead of making a specific dispute between two parties key; the ‘bigger picture’ between parties is analysed and mapped, including wishes, goals, relations and emotions of those concerned. Thus this approach is not restricted to the judicial aspects only.

Between parties vs. above the parties

Between parties vs. above the parties

In the case of ‘between parties’ the parties themselves reach a mutual dispute resolution out of court, mostly under the guidance of a conciliator or mediator who assists the parties to negotiate a settlement.
In the case of ‘above the parties’ someone on the outside passes a binding judgement on the conflict. In the Dutch legal system this usually is a judge.

Justice in Balance

Justice in Balance

Justice in Balance is Digna’s Dutch interpretation of the international Integrative Law and strives for an integral approach of justice.

Read more: www.rechtinbalans.nl justice-balance

ABA – American Bar Association

Association of Lawyers in the United States. With almost 400.000 members by far the largest Lawyer’s Association in the world.

Administrative Law

Administrative law is about the relationship between “government and subjects”, or about the way governments deal, or are supposed to deal, with civilians and trade and industry. Read more on administrative law on De bruin Advocatuur website on which jurisdictions Digna is active (Dutch).

Advocacy vs. Mediation

Advocacy (also indicated as ‘the Bar’) stands for lawyers collectively, who advise and defend their clients in dispute resolution within the ‘above parties’ judicial system with one or more judges involved. In the case of mediation the point is that two parties in dispute negotiate together in order to reach a mutual solution.

Conciliation vs. Mediation

Conciliation as well as mediation enables parties to reach a mutual (between parties) solution.
Conciliation is an alternative dispute resolution (ADR) process whereby the parties in a dispute use a conciliator, who meets with the parties separately in an attempt to resolve their differences.
The mediator as a third party initiates both parties to start and remain negotiating, with the aim that a solution for the dispute results entirely from the parties concerned.

Contract Law

Is focussed on disputes resulting from contracts (of any kind) between parties.

Read more about contract law on De Bruin Advocacy, website about the jurisdictions on which Digna de Bruin is active (Dutch).

Environment law

The specialty environment law is focussed on issues in which the environment has come into play. For instance about pollution of air, water or soil, threat to the wellbeing of animals and harm to natural landscape.

Read more: Digna de Bruin Trees Lawyer in the press…

Global Alliance of Integrative Lawyers

Digna de Bruin is representative for the Netherlands in GAIL (Global Alliance of Integrative Lawyers)

Holism

Instead of zooming in on a detail, in the holistic way human beings are viewed in their entirety: the ‘whole’ human being. Thus holistic lawyers do not restrict themselves to judicial aspects only. An important holistic consideration is that the total is more than the sum of its parts.

Legal Rebel

The ABA (American Bar Association) annually elects “The Legal Rebel of the Year”; an ABA-member who is an outstanding example in his/her efforts to refresh and improve the legal profession. In 2010 J. Kim Wright, one of the founders of Integrative Law, was the Legal Rebel of the Year.

Mediator vs. Lawyer

The mediator does not make decisions in a dispute and there is no question of a court case at this stage.
Under guidance of the mediator parties attempt to reach a mutual solution. In this case we speak of a ‘between parties’ solution.
The lawyer assists the client beforehand, during and if need be after a court case. The decision in a dispute is taken by a judge and thus we speak of an ‘above parties’ solution.

Mentor vs. Coach

The difference between mentor and coach is a subtle one. In the mentor’s case he/she already reached a goal that his/her student also wishes to achieve. The mentor provides knowledge and insights and can ensure that the student or sportsperson is introduced to other experts. Subsequently the student decides whether or not he/she acts on the offered knowledge and insights. Cooperation with a mentor is often on an incidental basis. A coach however makes the students and sportspersons reach better achievements by means of coaching and training. Coach and student or sportsperson enter into a partnership and generally work together during a longer period.

MfN – NMI Mediationfederation

The Dutch Mediation Federation MfN is a combination of six mediation associations, amongst which the Dutch Mediation Institute NMI. The MfN originates from the end of 2013 and is entrusted with updating the register of accredited mediators in the Netherlands.

Real Estate Law

Real Estate Law is based upon disputes about real estate.

Read more about real estate law on De Bruin Advocacy, website about the jurisdictions on which Digna de Bruin is active (Dutch).

Trees Law

Not just people but e.g. animals as well have rights which in the view of Justice in Balance are to be respected. At present a judicial/philosophical discussion is going on regarding the question whether trees and animals can start a legal procedure, represented by a lawyer.

Wright, J. Kim

American lawyer, author of bestseller ‘Lawyers as Peacemakers’ and as such initiator of the Integrative Law movement, the international example of Justice in Balance in the Netherlands. Kim Wright also was “Legal Rebel of the Year 2010’.