Conferencing

Articles discussing restorative conferencing models.

Roujanavong, Wanchai. Restorative Justice: Family and Community Group Conferencing (FCGC) in Thailand.

Director General Wanchai, of the Department of Juvenile Observation and Protection, reviews the recent development of Family and Community Group Conferencing in Thailand. Before the introduction of a Western legal system, disputes were traditionally settled through an informal mediation committee in the village community. The Ministry of Justice began to train staff for a FCGC project after observing similarities with the New Zealand approach to family group conferencing. Existing laws, and a radio address by the prime minister, have lent support to implementing restorative practices in Thailand. The article describes some of the FCGC process and statistics as it has used by the Department with children since 2003.

MacRae, Allan and Zehr, Howard. The little book of family group conferences: New Zealand style.

Family group conferencing is a decision-making process that began in New Zealand and has been used in a variety of forms around the world. In response to an overloaded juvenile justice system and concerns of the Maori population, the New Zealand legislature passed the Children, Young Persons and Their Families Act in 1989. Family group conferences are at the core of the juvenile justice system. Seven goals and seven guiding principles encourage restorative practice. MacRae and Zehr describe the roles and process of a FGC, from the perspective of a Youth Justice Coordinator who facilitates. The success of FGCs in New Zealand, measured by drops in youth crime, is attributed to effective conferencing, close cooperation between police and the coordinator, and community-based strategic collaboration focused on addressing root causes.

Vanfraechem, Inge. Evaluating Conferencing For Serious Juvenile Offenders.

The main criteria for participation are that the juvenile accepts the charges and that the crime is serious. A facilitator contacts the offender, the victim, and their respective networks of supporters. At the conference, all parties are introduced and their respective roles are described. The investigating police officer reads the facts of the case and ascertains whether the offender agrees with the statement. Based on the offender's acknowledgement of the facts of the case, the conference continues. The victim and his/her supporters and the offender and his/her supporters explain what effect the offense has had on them. The offender and his/her supporters can then have a private meeting to discuss possible resolutions that will address the harms caused by the offense, taking the victim's needs and wishes into account. The underlying causes of the offender's criminal behavior are also addressed. An agreement is developed for the purposes of repairing the harm to the victim and to society. A judge must confirm the agreement to make it official. The evaluation obtained data from judicial records for 58 juveniles who participated in conferences. Conference facilitators also completed questionnaires. New crimes were recorded for 22 percent of the juveniles; however, most of the new crimes were not committed for several months after completing the conference, and the new crimes were less serious than the one that was the subject of the conference. Overall, participant satisfaction was high, but improvements are needed in the police role, facilitator training, making the victim's role more central, and expanding the practice throughout the country. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Daly, Kathleen. A Tale of Two Studies: Restorative Justice from a Victims’ Perspective.

Two studies on restorative justice conducted in recent years examined variability in the conference process and compared outcomes for court and conference cases from victims' perspectives. The first study focused on restorative justice conferences in South Australia. Researchers observed 89 youth justice conferences and interviewed the victims and offenders involved in the conferences. The second study, named the Sexual Assault Archival Study, was also conducted in South Australia. It compared case outcomes for juvenile sexual offense cases for 227 court cases, 119 conferences, and 41 formal cautions. The first study found that conferences could have positive effects and outcomes for victims, but the effects could be modest and might not occur in most cases. The second study found that victims were better served when their case went to conference rather than to court. This was because an offender admitted responsibility for an offense prior to a conference; whereas, about half of court cases were dismissed or withdrawn. Also, conference proceedings focused on victim needs and harms; court proceedings focused on proving a defendant's guilt and imposing sanctions that reflected the seriousness of the crime. Restorative justice advocates and critics should recognize the significance of both studies; advocates should recognize the realistic and variable expectations for victims involved in a restorative conference; and critics of restorative justice conferences should recognize a court proceeding's limited ability to vindicate and help victims. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov.

Crime and Justice Research Centre and Triggs, Sue. New Zealand Court-Referred Restorative Justice Pilot: Evaluation.

The pilot was established in 2001 in four District Courts throughout the country. The court-referred restorative justice pilot was designed to test the effectiveness of the court-referred model of restorative justice in achieving three broad objectives: mitigation of the crime's effect on victims who participated in restorative justice conferences; increased victim satisfaction with the processing of their cases; and a reduced rate of recidivism by offenders referred to restorative justice conferences compared with offenders subjected to conventional criminal justice processes. Over the period addressed by the evaluation (February 4, 2002, through February 3, 2003), just over 500 cases were referred for restorative justice in the pilot courts, and approximately 200 restorative justice conferences were held. The evaluation team examined the data in the restorative justice database established to hold information on all referrals for restorative justice conferences. In addition, survey forms were sent to all participants and facilitators involved in the conferences, and the offenders and victims referred to conferences were interviewed immediately after the conference, after the sentence, and 12 months after the conference. Ninety conferences were observed as well. Data on reconvictions were compared for pilot participants and a matched control sample. Approximately one-third of pilot offenders had reoffended within 12 months of their conference, which was a small, albeit significant, reduction compared with the average rate of reoffending for matched comparison groups. There was strong support for continuation of the pilot programs among victims, offenders, and facilitators. Abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.org.

Mirsky, Laura. Carl, Gina and Gino: Family Group Decision Making Reunites a Family.

Laura Mirsky illustrates the process of Family Group Decision Making (FGDM), sometimes known as Family Group Conferencing (FGC), by relating the story of a family in Los Angeles County, California. The Department of Children and Family Services (DCFS) placed young Gino in various homes throughout his first ten years. During this time he suffered abuse, was separated from his parents, and developed emotional and behavioral problems. Gino’s parents, convinced that his placement was the result of severe misunderstandings, struggled to bring him home through multiple court hearings and in spite of extensive DCFS interventions. Finally, Joselyn Geaga-Rosenthal, the director of the FGDM program in Los Angeles County, contacted Gino’s parents in response to her perception that the family had gotten "lost in the system." Through the FGDM program, Gino’s extended family, social workers, therapists, and other professionals, were able to sit down together in a conference to exchange information and develop a plan for Gino. The family was given some time alone to discuss possible options, unanimously agreeing that Gino should return home with his parents. Professionals present were able to address their concerns for the boy’s safety, and eventually approved of the arrangement. Following the conference, Gino was successfully reunited with his parents, began excelling in school, and no longer exhibited the behavioral problems he had displayed in foster care. Joselyn attributed this happy ending to the way FGDM empowered the family to focus on Gino’s well being. Mirsky highlights FGDM through this example as a means of helping families and children who have "fallen through the cracks" of the traditional child welfare system. Abstract courtesy of the Marquette University Law School-Restorative Justice Initiative http://law.marquette.edu/cgi-bin/site.pl?2130&pageID=1831

van Pagee, Robert. Conferencing is empowering citizens and should be in the mainstream (Conferencing in the mainstream).

The development and implementation of Family Group Conferences (FGC) in the Netherlands derives its inspiration from the interesting changes in the child welfare system in New Zealand. There, in 1989, the management of problems with children and families, and the solutions to those problems, were regulated in the Children, Young Persons and Their Families Act. Under the act, before a professional intervenes, the family has the legal right to make a plan and decide for themselves what should happen. This law addresses the government's obligation to protect children when their own family fails to do so, but also the government's limitations in carrying out that obligation. The government is greatly disadvantaged, compared to the system of family and friends, when it comes to real protection of children and creating a better prospect for the long term. (excerpt)

Sarre, Rick. An adult RJ pilot project in South Australia.

In March 2004 the Adelaide (South Australia) Magistrates Court announced the commencement of an adult restorative justice conferencing pilot project, initially for six months. The model is based on a victim-focused philosophy, already entrenched in the South Australian juvenile justice system. This paper reports on the circumstances that led to the pilot and the progress of the pilot. (excerpt)

O'Connell, Terry. Conferencing and Community Empowerment : Rediscovering the Human Face of Justice

Family group conferencing is now identified as a legitimate part of Restorative Justice. In fact some might argue, that it was the introduction in New Zealand of family group conferencing in 1989, that provided the first significant justice model that fully reflected restorative justice principles. The development of the Australian Wagga Wagga Police conference model since 1991, is also viewed as a yet another similar addition to the restorative justice lexicon. However, the Australian developments are in fact significantly different to the New Zealand experience, both in terms of articulation and application. This paper will briefly explore these differences. Apart from describing the theoretical framework of the Wagga Wagga model (upon which practices are modeled), it will examine how this model has been adapted for use in many different jurisdictions and community settings. This will clearly demonstrate that conferencing has added a new dimension to the integration of restorative justice principles, and can assist communities more effectively to manage difficulties and disruptions which threaten their social cohesion. In exploring Braithwaite’s communitarian notion of social control, this paper will argue that conferencing can make a significant contribution towards community peace and tranquillity in a way very few other interventions or processes can. Conferencing is about re-creating community, one that is critical to assist us make sense of a world that has experienced significant social change over the past 40 years. Three powerful case studies will be examined to illustrate how all those involved at some stage experience some "disconnection" from community. Discussion will then focus upon how the conference process allowed those communities to be strengthened and for many individuals to reconnect with those who are significant in their lives. Author's abstract.

Holton, Liz and Marsh, Peter and Crow, Gill. Supporting Pupils, Schools and Families: An Evaluation of the Hampshire Family Group Conferences in Education Project

Hampshire County Council Social Services Department was one of the first UK agencies to promote the use of Family Group Conferences (FGCs) as a means of involving wider family networks in the support of children and young people. They took their first referrals in 1994. The model originates in New Zealand and has now been subject to significant development and testing (Marsh and Crow, 1998). In 1998 a bid for education funding by the Principal Welfare Officer allowed the setting up of 'Education FGCs' to be developed. The Conferences try to help young people experiencing some difficulty in school, but as this report will show there are often family issues and welfare concerns as well. The report evaluates the work of the Education FGC project from its first implementation through the experience of the young people many months after their FGC. (excerpt)

Restorative Justice Consortium.. CONNECT: the new restorative justice project for inner london

The Connect Project is a new project (2001)working with adults offenders convicted at Camberwell and Tower Bridge Magistrates Courts and the victims of their Crimes. It is intended to spend June, July and August 2001 preparing for taking referrals in the September. This lead in time will involve developing policies and key protocols, publicity preparatory seminars for key partner agencies and recruitment and training of staff. Funding for the project is guaranteed until March 2003. The primary restorative approach used by CONNECT will be the group conference. If successful, a restorative plan will be agreed by all parties, carried out by the offender and verified by the project facilitators/mediators. Where victims opt for a different restorative method e.g. face to face mediation, indirect mediation or other forms of reparative activity that method will be utilised. (excerpt)

Newell, Tim. Restorative Practice in Preparing Prisoners for Resettlement, Integration and Return to Their Communities

The return to community after a prison sentence presents the offender and the community with opportunities for creative restorative approaches towards reintegration and reconciliation. Sadly the experience is often perceived as a risky one by prisoners and as an unwelcome one by their wider community. Restorative Justice approaches can address some of these tensions through preparation and an open approach communicating the progress of the prisoner, his/her concerns about returning to their community and intentions on release, key agencies, individuals and groups that may be able to assist in the process of return. (excerpt)

Brown, Louise. Mainstream or margin? The current use of family group conferences in child welfare practice in the UK

A decade has passed since family group conferences were initially introduced into the UK by Family Rights Group. Ten years on, this paper examines the extent to which family group conferences have developed and become embedded into current social work practice. Despite the initial interest by social work practitioners and the picture often painted of a growing radical movement, the degree to which family group conferencing has become part of mainstream practice has until now remained fairly anecdotal. A number of difficulties have been identified with implementing the model, including fitting it into an existing system and the challenge it poses to professionals to hand over power. Two surveys, the first undertaken in 1999 and the second in 2001, describe the current use of the model in the UK by Councils with Social Services Responsibilities (Councils). The surveys reveal the areas of practice within which family group conferences are being used, the size and capacity of projects and why some Councils have adopted the model whilst others remain hesitant. It concludes by considering why family group conferences remain on the margins of practice. Author's abstract.

O'Connor, Lisa A and Nakashian, Mary and Gibson, Fay and Morgenstern, Jon. "Nothing About Me Without Me": Leading the Way to Collaborative Relationships with Families

This article discusses the National Center on Addictionand Substance Abuse's CASA Safe Haven, an evidence-based, community-driven intervention program for children and families in child welfare whose lives have been adversely affected by substance abuse, and for staff in the agencies that work with them. CASA Safe Haven builds collaborative relationships that feature a blend of multidisciplinary teams that share responsibility for helping families; family group conferencing, in which families are equal and welcome participants in designing and driving a service plan; and the influence of family court to hold families and service providers accountable for progress. CASA Safe Haven is a framework for collaboration. Author's abstract.

Doolan, Mike. Restorative Practices and Family Empowerment: both/and or either/or?

Today in the mail I received a notice about a 2003 conference in The Netherlands called “Building a global alliance for restorative practices and family empowerment�?. The title set me thinking about the relationship between these two concepts. Readers will know that the family group conference was introduced into law in New Zealand in 1989 as a decision-making method for determining appropriate responses to offending by young people (and for care or protection concerns as well). The law gives the victims of offences by young people the entitlement to attend family group conferences, and as an entitled person, a victim becomes one of a number of persons who must agree to a plan for it to be accepted as an alternative to prosecution of the young person who has offended. This measure was later hailed as an example of restorative practice, and while I think it is capable of delivering on restorative aims and objectives, this was not the reason it was introduced. Those of us who were involved in the policy development process leading up to the new law had never heard of restorative justice (indicating some deficits in our research approach, as there was a body of literature available on the subject even then) and the law was not crafted to embody restorative aims. The law was about restoring to family networks control over the decision-making about their young people who, for some reason or another, had come under the notice of the statutory child welfare agency. The history of such contacts, for Maori and Pacific Peoples in particular, had seen the customs, values and beliefs of these communities as having little relevance alongside the customs, values and beliefs of the dominant white culture. (excerpt)

Allena, Thom. Conferencing Case Study: Applying Restorative Justice in a High-Profile Athletic Incident--A Guide to Addressing, Repairing and Healing Widespread Harm

Public awareness of deviant behavior by college athletes has increased in recent years. Athletic departments, colleges, and universities are seeking effective ways to deal with actual incidents and prevent new incidents. In this chapter, Thom Allena relates the story of one, high-profile, athletic scandal at the University of California-Los Angeles in 1999. It involved a group of current and former football team players who fraudulently obtained and used disabled parking stickers on campus. When this practice became widely known, public opinion pilloried the athletic program and athletes. The perpetrators violated university codes, regulations of the National Collegiate Athletic Association, and the California Municipal Code. Accordingly, they found themselves potentially subject to a variety of sanctions. Allena recounts how the university took an innovative approach and addressed this scandal through the assessment, planning, facilitating, and follow-up of a large-scale restorative justice conference.

Allena, Thom and Rogers, Nora. Conferencing Case Study: Hazing Misconduct Meets Restorative Justice--Breaking New Reparative Ground in Universities

While the Fraternity Executives Association officially discourages hazing in fraternities and sororities, the ritual of hazing is commonplace in Greek life at many large universities. It is employed often enough as a rite of passage – involving mental or physical discomfort, harassment, or ridicule – for those pledging to join a fraternity or sorority. Hazing frequently involves the use of alcohol, and it sometimes leads to unintended and harmful consequences. Thom Allena and Nora Rogers chronicle in this chapter a sorority hazing incident in a large public university in recent years. The incident resulted in physical and emotional injuries to two pledges, and it produced considerable adverse publicity for the sorority and the university. Allena and Rogers describe the incident and its consequences, as well as the response of university officials. In particular, they focus in detail on how university officials used a restorative justice intervention – actually, a hybrid of the community group conference model and “Open Space,â€? an organizational development approach employed to find common ground with large groups and organizations – to address the harmful effects of the hazing.

Paulin, Judy and Lash, Barb and Kingi, Venezia. The Wanganui Community-Managed Restorative Justice Programme: An Evaluation

The Ministry of Justice, in consultation with the Wanganui providers, commissioned this evaluation of the Wanganui Community-Managed Restorative Justice Programme in 2003. The programme is funded by central government through the Crime Prevention Unit, Ministry of Justice. The programme was selected for evaluation because it was considered to be well managed and effective. The evaluation objectives were to: 1. describe the programme - its history, the context in which it operates, delivery, objectives and resources; 2. determine the effectiveness of the programme, in relation to its objectives; 3. contribute to the development of best practice principles for community-managed restorative justice programmes; and 4. describe the extent to which this programme has contributed to the further development of the partnership between government and communities. The extent to which the programme has developed its services to meet the needs of M�ori, Pacific, and other cultural groups was also to be examined. (excerpt)

Paulin, Judy and Lash, Barb and Huirama, Tautari and Kingi, Venezia. The Rotorua Second Chance Community-Managed Restorative Justice Programme: An Evaluation

The Ministry of Justice, in consultation with Mana Social Services, commissioned this evaluation of the Rotorua Second Chance Restorative Justice Programme in 2003. The programme is funded by central government through the Crime Prevention Unit, Ministry of Justice. The programme was selected for re-evaluation so that best practice principles for community-based restorative justice programmes utilising tikanga-based practices might be identified. The evaluation objectives were to: 1. describe the programme - its history, the context in which it operates, delivery, objectives and resources; 2. determine the effectiveness of the programme, in relation to its objectives; 3. contribute to the development of best practice principles for community-managed restorative justice programmes utilising tikanga-based practice; 4. describe the extent to which this programme has contributed to the further development of the partnership between government and communities. (excerpt)

Hennessy, Julia and Gillett, Tanya. The development and practice issues of using FGC in a multi-agency arena

Essex FGC Service has led the national practice development of the use of family Group Conferences in Child Protection Work, and Youth Offending Work in the UK. Julia Hennessy sits on the National Restorative Justice Strategy Group in the UK representing. Tanya Gillett has been appointed to lead on the Pathfinders Childrens Trust in Essex. They will discuss the development of RJ FGC in the UK, and the outcomes that has been delivered for both victims and young people who offend. This service has been nationally evaluated by University of Essex. Abstract courtesy of the Centre for Justice and Peace Development, Massey University, http://justpeace.massey.ac.nz.