Implementation

Community Mediation and Community Development In Scotland

james — 2006-08-18T15:10:00Z

Origins And Growth

Community mediation in the UK began to develop in the 1980s as a response to a startling rise in the incidence of reported neighbourhood disputes. In Scotland the first community mediation service was launched in Edinburgh in 1995, and the next ten years saw a period of rapid and sustained growth which was well beyond that experienced in the rest of the UK. There are now 31 services in Scotland, covering almost the whole of the country from large cities to small islands, and assisting with the resolution of over 3000 community conflicts every year.

Community mediation in Scotland is a voluntary and confidential process of conflict resolution. It has no formal links to legal processes, civil or criminal, and people in situations of conflict either elect to undertake mediation themselves, or have mediation suggested to them by a wide range of agencies including housing workers, health workers and police. They share the following characteristics:

Their main areas of work are conflicts between neighbours, conflict between young people and their families, conflict in schools, conflict in the workplace, and conflict between groups in the community.
Individual neighbour disputes usually comprise around 80-90% of their work.
Services are managed either by independent voluntary organisations (NGOs) or by Local Government.
They operate in civic society and are completely distinct from restorative justice services which take referrals from the criminal justice system.
Many services use both paid and unpaid (volunteer) mediators.
Services are mainly funded from local and national government finance.

Reasons For Growth

This rapid growth in Community Mediation has come about because of a number of factors that are distinct from the experience in the rest of the UK.

Of particular importance is the history in Scotland of successful voluntary sector/government partnerships, and a relatively strong climate of voluntary civic participation in issues of social concern. Crucial factors included the following:

A commitment from the Scottish Parliament to work towards all citizens of Scotland having free access to Community Mediation services
The willingness of the Scottish Executive and Local Government to think creatively about neighbourhood conflict
The aspiration of Scottish NGOs such as Sacro to promote constructive conflict resolution across Scottish society
Funding being made available from local and national government at levels which are sufficient to assist in developing and sustaining quality services
The establishment, through government funding, of a national Community Mediation Consultancy & Training Service, managed by Sacro.

Possible Future Developments

Community Mediation in Scotland is now an established process for dealing with conflict and reducing anti-social behaviour. Until recently most activity has focussed on neighbours in conflict, with some activity in schools and workplaces, but In recent years the Community Mediation services have increasingly been focussing on working with broader communities, such as undertaking mediations between large groups and mediating between local organisations where there are difficulties.

This is in part a reflection of an acknowledgement that work between individuals is only part of the answer to conflict in our communities, sometimes treating only the symptoms rather than the causes. For people with little power or status, living in poverty and in poor housing conditions, problems with neighbours may be something they can afford to expend only limited energy on: the dispute may exacerbate their other problems considerably, but its resolution is unlikely to remove them.

Increasingly Community Mediators in Scotland are looking at increasing their work with disadvantaged communities, and believe that it is possible to do this without losing impartiality in their work with individuals. The challenge may be whether it is possible to work at the same time towards two distinct but connected goals:

To advocate for the development of more harmonious and equitable communities
To assist in the resolution of individual disputes while strictly avoiding advocating for the position of either side.

The Community Mediation Consultancy & Training Service welcomes feedback and contact from individuals and agencies interested in the interface between mediation and community development.

Ian McDonough

Sacro Community Mediation Consultancy & Training Service

21 Abercromby Place, Edinburgh EH3 6QE

Tel. (0131) 624 9200 Fax. (0131) 557 2102

Email imcdonough@cmconsultancy.sacro.org.uk

September 2006

Pranis, Kay. How to build community support for restorative justice

Pranis, Kay — 2007-03-04T23:41:09Z

A restorative response to crime is a community-building response. It is necessary to build a broad base of support for restorative justice principles and practices. Because restorative justice is grounded in community involvement it is not possible to implement a comprehensive restorative system with community ownership and support. A comprehensive restorative response to crime engages the community as a resource for reconciliation of victims and offenders as a resource for monitoring and enforcing community standards of behavior. The restorative justice framework calls for the inclusion of all stakeholders, especially victims and community members, in designing and implementing local justice practices. It is an empowerment model that must clearly be grounded in grass-roots commitment at the local level. (excerpt)

Mackey, V. Restorative Justice: Toward Nonviolence

Mackey, V — 2007-03-04T23:41:09Z

This discussion paper calls upon churches to work toward a restorative criminal justice system. This revised version includes the result of an April 1989 "think tank" on nonviolent alternatives sponsored by the Presbyterian Criminal Justice Committee. Chapters discuss discernment on God's will for justice, withholding support for the violence of punishment, developing a restorative vision, yardsticks for measuring justice, building models of nonviolent responses, and the role of the church. Chapter includes discussion questions and Biblical references. The appendix includes a policy statement by the 200th General Assembly Presbyterian Church, and personal essays and materials for leading restorative justice workshops.

Magnani, L. Re-defining Justice: Crime and Punishment in the Faith Community: A Discussion and Study Guide

Magnani, L — 2007-03-04T23:41:09Z

This discussion and study guide on restorative justice is intended as an education tool on the issue for faith communities. The report is divided into four sections: what is justice, race and the criminal justice system, women in the criminal justice system, and capital punishment.

Scholtz, Henk Marquart. Community justice in the Netherlands.

Scholtz, Henk Marquart — 2007-03-04T23:41:09Z

Discussing community justice in the Netherlands, Scholtz first outlines geographical statistics for the Netherlands and modern crime trends and their consequences. In view of increasing crime and its effects, the government initiated a "justice in the community" scheme. This consists of developing local or community structures to work in concert with police and other agencies in support of community safety and resolution of crime and other conflicts. Scholtz highlights the work of two community justice offices in the Netherlands to illustrate this scheme.

Joint Methodist-Presbyterian Public Questions Committee. Restorative Justice: A discussion Paper for use by People in Methodist, Presbyterian, and Co-Operative Venture Parishes

Joint Methodist-Presbyterian Public Questions Committee — 2007-03-04T23:41:09Z

This paper is intended to provide members of various churches with a framework for understanding and discussing restorative justice as an alternative to the current criminal justice system. Beginning with the premise that the current system is not working well, the paper then covers several key issues in criminal justice and restorative justice. These include the Biblical background to thinking about wrongdoing and response to wrongdoing, crime and punishment, the criminal justice situation in New Zealand, restorative justice principles and practices, and the prospects for change in New Zealand.

Schenk, Bruce. Restorative justice conferencing with hosts: Faith groups providing sanctuary for people endeavouring to make things right

Schenk, Bruce — 2007-03-04T23:41:09Z

Bruce Schenk begins this paper with an observation that restorative justice is a grassroots initiative stemming from a communityâs desire to make things right for those affected by wrongdoing. In this sense, restorative justice, to be most effective, should be grounded in the very community where the offense occurred. The âhostingâ? model of restorative justice conferencing draws on the concept of providing sanctuary, a place of refuge and peacefulness. This model provides a way for faith communities to care for people as they wrestle with the effects of offending behavior. Schenk describes this by discussing the rationale for faith communities being a host site, by outlining pre- and post-conference activities, and by identifying aspects of the selection and training of hosts.

O'Brien, Sandra and Bazemore, Gordon. Introduction to the Symposium: Communities, Organizations, and Restorative Justice Reform.

O'Brien, Sandra and Bazemore, Gordon — 2007-03-04T23:41:09Z

Restorative justice provides important insights and groundbreaking efforts to transform and localize intervention in response to problems of crime, harm and conflict. The contributions to this special issue focus on restorative justice as a way of addressing crime and crime-related concerns to the greatest extent possible within community organizational contexts (i.e., workplaces, schools, universities, and residential programs for delinquents). The authors demonstrate how restorative practices have implications for community building and organizational reform based generally on a learning theory of cultural change. (authors' abstract)

Restorative community policing in the UK: Dorset, Cheshire and Norfolk constables point the way

Dan Van Ness — 2009-05-17T20:00:00Z

However, a recent policy change by the Home Office, the national government department that oversees policing, has established criteria for reviewing police performance based on public confidence and trust rather than on performance targets and sanction detection. Constabularies that had previously piloted restorative justice programs without a national legal mandate to do so believe this change in performance assessment authorizes them to use RJ in more cases.

Read the whole thing.

Schatz, Mona. Vital Voice for Restorative Justice: The Community Members

Schatz, Mona — 2007-03-04T23:41:09Z

"This chapter introduces some of the ideas and perceptions of community members who participate in a restorative justice conferencing process in a Colorado community. Some of the information presented emerged from a case study done by the author and graduate social work student (Jaeckel, 2005)." (Abstract)

Barge, Matthew and Root, Oren and Bobb, Merrick J. and Buchner, Brian. Evaluation of a Pilot Community Policing Program: The Pasadena Police-Community Mediation and Dialog Program.

Barge, Matthew and Root, Oren and Bobb, Merrick J. and Buchner, Brian — 2007-03-04T23:41:09Z

This report presents the methodology and findings of the evaluation of a pilot community policing program in Pasadena, CA that combines mediation with community dialog in addressing citizen complaints against police officers and in strengthening police-community relationships. The evaluation found that mediation and dialog, as practiced in Pasadena, have great promise for building greater mutual understanding and trust between the police and community members; however, it is not reasonable or practical to pursue replacing the traditional investigation-and-adjudication model for handling complaints against police with the mediation-and-dialog model. Mediation is limited primarily to complaints that allege officer rudeness, disrespect, or minor instances of excessive force. This report advises that criteria for selecting cases for mediation should be carefully devised and not be too broad. Further, outreach and education efforts within the agency and community regarding the nature and purposes of the mediation-and-dialog model are critical to program success. Further, mediation should be used to do more than resolve individual complaints against the police. In conjunction with the mediation program, Pasadena has organized public forums that address issues of broader community concern, some of which are related to issues underlying specific complaints. If a complaint is suitable for mediation, a sergeant contacts the involved officer and union representative in proposing mediation in lieu of a formal internal affairs investigation. If the officer chooses mediation, the Los Angeles County Bar Association's Dispute Resolution Service, Inc. receives the complaint referral, which in turn contacts the complainant and offers mediation. The use of trained outside mediators helps ensure that both officers and community members view the mediation process as unbiased. Although the goal of mediation is for the parties to reach a mutually agreeable resolution, either party can terminate the mediation at any time for referral to a standard investigation. (Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov)

Editor. Video Review: Building Our Community: A Film about Restorative Practices.

Editor — 2007-03-04T23:41:09Z

Building Our Community is a 15-minute video highlighting the use of restorative practices in Collingwood Primary school located in Hull, UK. Teachers, students, administrators and parents discuss the impact on the school environment and individual students of using circles and conferences.

Taraschi, Shruti Gola. Fostering a Restorative Worldview and Building Community.

Taraschi, Shruti Gola — 2007-03-04T23:41:09Z

There are many occasions in my work when I am moved toward the feeling that I am doing something very simple. Almost too simple and not any more deserving of the lines within this reading space than anyone else who does what I do. I am someone who brings people together. And together we create a space that allows each of us to listen, be heard, and perhaps be understood. We solve conflicts and are often moved to create collective solutions that are often as unique as we each are as individuals. Some experience this space as sacred or profoundly meaningful. Others experience it as an innovative way to build consensus, mutual understanding, and uncover solutions that are able to last. But no matter what individual experiences might be, there is an experience common to all restorative processes. And that is the experience of human beings connecting with sincerity.

Claes, Bart and De Loose, Martin. Are media a proper answer to the problem of non-participating actor (the community) in mediation/RJ?

Claes, Bart and De Loose, Martin — 2007-03-04T23:41:09Z

One critique of victim-offender mediation is the fact that the broader community, who is certainly an important stakeholder, is not involved, is not participating in the process like the victim and the offender and their relevant thirds, can’t express their feelings, formulate their grieves and questions etc. We know all that the community has a need to express their feelings, has a lot of questions… (cf. Belgian cases like the murder of Joe Van Holsbeek where 80.000 people came on the street to express their sympathy, to say no against senseless violence…). Although you can give this critic also on the present criminal justice system where the prosecutor represents the community, we want to explore in the workshop the question of it’s possible that the broader community participate in victim-offender mediation. Perhaps it can. Together with the media we can maybe involve the broader community in victim-offender mediation and make a communication between the offender, the victim and the broader community possible... (excerpt)

Cross, John and Woodbridge, Simon and Poland, Fiona and Killet, Anne and Boswell, Gwyneth. Rehabilitation and restorative justice: Building Community Connection through the SPROCKET Research

2007-03-04T23:41:09Z

This workshop examines an example of a research-policy-practice collaboration designed to embed informed policies within a community context. The presenting team will include the researchers, the policy leader and local practitioners... BDC [Broadland District Council] commissioned the SPROCKET research team to make available information about the nature of local offending and also the range of local responses to it. Their research was designed both to provide a full range of insights into offender, communitybased and service-provider responses to offending and to begin to engage with some of those responses... The Stairway policy programme engaged specific SPROCKET findings to generate a range of activities and policies relevant to supporting more restorative justice initiatives with local community institutions in Broadland. This workshop will explore how action-oriented collaboration between researchers, policymakers and community can provide a useful way to stimulate dialogue to develop locally-relevant ideas and actions around restorative justice. Making such connections can be vital for re-integrating and rehabilitating offenders and for building more positive community relations. (excerpt)