Mediation

Articles discussing the practice of victim offender mediation.

Letting victims define justice

from the article by Steve Sullivan for Restorative Justice Week 2011: ....There is a growing myth that for victims, justice requires tougher penalties. If only it was that simple. There is no evidence that punishment is as important to the majority of victims as some would have us believe. When asked in one study why they reported the crime, sexual assault victims listed punishment of the offender very low on their list of priorities.

Restorative justice in the community

from Melanie G. Snyder's blog entry: Michael was 16. He was an angry kid. He spent most of his days just “hanging out” around the neighborhood. One day, Michael was “hanging out” in a small Lancaster grocery store. While he was in the store, Michael pulled a cigarette lighter out of his pocket, lit the corners of a few boxes on the shelves and watched as the flames spread. Then he ran away. The fire caused $1500 worth of damage. Michael got caught, and he was sent to juvenile court. If we think about how the traditional criminal justice system would have most likely handled this, Michael would probably have been charged with arson (a felony), possibly charged as an adult, and likely would have been sent to juvenile detention or jail for some period of time. After coming out of detention or jail, having a felony record would have affected the rest of Michael’s life in numerous ways.

NPR: Victims confront offenders, face to face

from Laura Sullivan's interview with Sujatha Baliga on Talk of the Nation: BALIGA: Yes. And I said there's no chance. You know, this is not a case for restorative justice. The system is not amenable, particularly in your state. And I can't tell too many details, because we're still finishing things up with that case right now. It's not quite a done deal yet. But we're close. And the mother of this young man was so persistent and told me that she had actually been meeting with the girl's parents. She and her husband were meeting with the girl's parents, and that the girl's parents actually were the one interested in restorative justice. And she said, Can I give them your information? I said I'd be happy to talk to them and tell you the same thing I'm telling you, which is that this is not happening. (SOUNDBITE OF LAUGHTER)

Listening to crime victims: North Carolina restorative justice conference

by Lisa Rea When crime victims speak about the effect violent crime has had on their lives you have to listen. On June 9th I moderated a crime victims roundtable during the 3rd Annual Restorative Justice Conference in Raleigh, North Carolina coordinated this year by Campbell University Law School. The roundtable called "Listening to Crime Victims: Their Journeys Toward Healing" was sponsored by the Journey of Hope: From Violence to Healing. The four victims of violence who told their stories were Bill Pelke, chair, Journey of Hope: From Violence to Healing (Alaska), Stephen Watt, Stephen Watt Ministries (Wyoming) , Bess Klassen-Landis, musician and teacher (Vermont), and Kim Book, executive director, Victims Voices Heard (Delaware). No matter how many crime victims panels I have moderated the stories are always riveting and often what I hear the victims say is new even when I am familiar with the stories. I learn something new as the victims move along in their lives---their own personal journeys.

Restorative justice aims to reduce relapsing

from Elaine Attard's article in Malta Independent Online: ....The new Bill will see the creation of a new section within the Probation Services. Its functions would be to draw up a victims’ charter, approved by the ministry, to establish the criteria for mediators’ appointment and to promote mediation between the victims and offenders. The minister described this move as an ambitious one towards empowering victims and to give them the attention they deserve in the restorative process. Mediation helps victims understand why offences were perpetrated while the offender can take the responsibility of his or her offence.

Restorative Justice Dialogue: An essential guide for research and practice

Restorative Justice Dialogue: An essential guide for research and practice. Mark Umbreit and Marilyn Peterson Armour (2010). New York: Springer Publishing Co. 339 pages.

Restorative Justice Conferencing: The key for victims is in one question.

from Kris Miner's entry on Restorative Justice and Circles: One area of Restorative Justice Professionalism I focus on, is remembering ALL victims. Some victims do not get a victim-witness worker through the prosecutor’s office. The list of Victims Rights for Wisconsin is very court-room, criminal justice system process orientated. That’s good, victims need support and help navigating that. What I do is restorative justice, and in striving to do that well for all victims I have experienced a conferencing question that is KEY.

Treasures: Victims Voice, Safe Justice and Lemonade

by Dan Van Ness I just came across several treasures that will be extremely useful to people who have been, who love, or who work with crime victims. The first is the website of Victims' Voice, a Canadian NGO sponsored by the Mennonite Central Committee and whose purpose is "to address the revictimization of victims in the criminal justice system, to create understanding about victims among practitioners who work within the system and to give emotional and informational support directly to victims through victim-centered programs." The website has a number of resources that can be downloaded. And it contains links to two more sites, also sponsored by Victims' Voice.

Mediation and conferencing in child protection disputes: special issue of Family Court Review

In 1997, Family Court Review published the first special volume focused on child welfare mediation. At the time it was a relatively new field gaining ground in a number of states and provinces. Since then mediation and other alternatives to traditional and adversarial child welfare proceedings have been emerging and evolving across the United States, Canada, and the world. In this follow-up to the first special volume, the articles trace the history of the development of mediation and family group decision-making programs in the child welfare arena.

Editor. A victim-offender conference: putting the people most affected by a murder, the victims, at the centre of the process

After two young men fight resulting in the death of one, it takes eight years before a victim-offender conference is held. The conference brings peace to both the victim's mother and the offender.

. An empirical study on restorative affecting factors for penal mediation -- A restorative justice perspective.

Penal mediation has a long history in Taiwan. It is part of local autonomy administration and has the function of auxiliary justice、restoration、diversion and high acceptance by the public. They are two purposes for this study: to find out whether the penal mediation contains the elements of restorative justice and to find out the affecting factors that could maximize the benefits of penal mediation. Two research methods are used. It interviewed 3 mediation commission chairpersons and 3 mediation commission secretaries. It also surveyed 498 mediation participants. The results of in-depth interview show that interviewees used “social conflict＂ rather than “crime＂ to view the mediation case under mediating，and penal mediation contains the elements of restorative justice, diversion, emotional release ,harm reduction and relation rebuilt. It is very important that the mediation members hold an attitude of rationality and fairness in order to achieve mediation agreement. Survey results show that more than 80% percent of the respondents positively responded to procedural satisfaction，result satisfaction ,restoration and identification with the mediation system. In addition, if there are sufficient opportunity for interactive dialogues and conciliation among participants, the mediation results are better. Multiple regression indicates that subjective procedural factors(attitudes toward the mediation commission members), and the objective procedural factors(the meeting was conducted in a circumscribed location, the amount of monetary restitution, the number of times the mediation was conducted and the length of time the meeting was conducted) are the major affecting factors of penal mediation success. It is therefore suggested that mediation meeting which is conducted in a circumscribed location, participants are able to release their emotions, commission members are fair and rational, these factors are able to increase the power and will of participants’ restoration. It is also suggested that interactive dialogues among participants should be encouraged. (authors' abstract)

Gerkin, Patrick M.. Participation in Victim— Offender Mediation: Lessons Learned From Observations.

Victim—offender mediation has grown to establish itself among criminal justice practices as an alternative to traditionally retributive notions of justice. As the number of programs claiming to be restorative in nature continues to grow, victim—offender mediation programs are emerging as one of the state's preferred delivery methods for restorative justice. Restorative practices, including victim—offender mediation, are inclusive practices. Participation is not only encouraged, it is a necessary element for victim—offender mediation to achieve restorative outcomes. Through the use of observations and content analysis of agreements produced in victim—offender mediation, this research uncovers several impediments to individual participation, including problems in the implementation of restorative practices; participant domination, including victim lecturing; and a lack of awareness among the participants about the restorative vision of justice. (author's abstract)

Goldstone, Sharon. What place for Restorative Justice in the Probation Service?

. s a qualified mediator and trainer,I have been able to use my training and experience in my work in the Victims Unit to work between victims, family members and offenders to mediate and facilitate transformational experiences which have impacted into the lives of the people concerned. I am repeating one case study so that those working with offenders are aware that there is some potential for Victim Offender Mediation from a Restorative Justice perspective. (excerpt)

Firestone, Gregory. Empowering Parents in Child Protection Mediation: Challenges and Opportunities.

One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent’s ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation. (Articles Abstract)

Martin, Patricia M.. Child Protection Mediation: The Cook County Illinois Experience -- A Judge's Perspective.

The Child Protection Mediation Program in Cook County, Illinois is the result of a collaborative effort on the part of the court, its stakeholders, and the attorneys involved in child protection cases. Child protection mediation empowers families and includes parents in many decisions impacting their children. It also helps judges to move children’s cases through the legal system more rapidly and in a more efficient and humane manner. This results in children achieving more timely permanency. The program is sustained in part due to frequent outreach to, and input from, the program’s consumers. These help to ensure that the program is meeting the diverse needs of the court, the families, and the professionals involved in the cases. (Author's Abstract)

Giovannucci, Marilou and Largent, Karen. A Guide to Effective Child Protection Mediation: Lessons from 25 Years of Practice.

What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25-year perspective on key elements that have contributed to the success of child protection mediation programs. (Author's Abstract)

Mayer, Bernie. Reflections on the State of Consensus-Based Decision Making in Child Welfare.

Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensusbased decision making in child protection will continue to expand and grow but will also continue to confront these challenges. (author's abstract)

Thom, George Lai and Sharpe, Susan. Making Sense of North American and South African Differences in the Practice of Restorative Justice

Cultural realities in North America and South Africa influence the way practice is undertaken. In this article, Susan Sharpe and George Lai Thom explore how those differences impact the practice of victim offender mediation in those two contexts.

Sharpe, Susan and Thom, George Lai. Making Sense of North American and South African Differences in the Practice of Restorative Justice.

These convictions are usually expressed independently, in response to different issues. It is easy to accept each on its own merits, seeing them as separate criteria to be met in separate ways. At least, it was easy for one of us (Susan) to do that—considering each of them a fundamental requirement of “best practice” without ever considering them both at once. That changed when the two of us began talking about victim-offender mediation (VOM) in cases of violent or otherwise traumatic crime. (Authors’ note: In this article, the terms VOM, mediator, and mediation refer exclusively to such serious cases.) (excerpt)

Wright, Martin. Neighbor and Peer Mediation Help to Preserve Social Order.

First, I will describe our experience of neighbor mediation in Lambeth, in south London about how it was established and how it works, with some examples. Then you can consider whether this approach is relevant in your circumstances. Next, I will say a few words about mediation in schools. Then I will suggest some reasons why the hypothesis is a reasonable one, and I will outline the ideals on which this practice is based, ending with a vision for the future. (excerpt)