- Pelikan, Christa. Victim-offender mediation in domestic violence cases-a research report
- In this paper, Pelikan examines the results of empirical research into the issue of victim-offender mediation in domestic violence cases, with emphasis on the situation in Austria.
- Jung Jin Choi and Gilbert, Michael J.. 'Joe everyday, people off the street': a qualitative study on mediators' roles and skills in victim-offender mediation.
- This qualitative study examined multiple perspectives of participants who experienced a Victim-Offender Mediation (VOM) program in a Midwestern city in the United States. Of particular interest are the roles and skills of mediators. Data consisted of 34 face-to-face interviews with 37 participants including adult crime victims, juvenile offenders and their parents, mediators and representatives from referring agencies. Insider perspectives regarding the roles and skills of the mediators in restorative processes were revealed through personal stories. Although the majority of the participants reported that the roles and skills of mediators were consistent with restorative justice principles, this exploratory study also revealed that some roles and skills exhibited by mediators were inconsistent with restorative justice values, which shows the variance of 'real world' restorative justice. Recommendations are made to promote mediators' roles and skills that are compatible with restorative justice principles. (author's abstract)
- Umbreit, Mark S. "Mediation of Criminal Conflict: An Assessment of Programs in Four Canadian Provinces: Executive Summary Report."
- This executive summary describes a study of community based non-profit organizations that provide mediation services for referrals from the criminal justice systems in cities in four Canadian provinces. The four program sites offer a wide range of diversity in program design, community acceptance, caseload size, history, management procedures, and impact on the criminal justice system.
- Hughes, S and Schneider, A.. Victim-Offender Mediation: A Survey of Program Characteristics and Perceptions of Effectiveness
- This survey of 240 juvenile justice organizations in the U.S. investigates the characteristics and effectiveness of victim-offender mediation. Mediation programs were most often governed by private/nonprofit organizations and received referrals primarily from the court or probation/intake officials. The majority of mediators were paid staff members who were almost always trained in mediation. The final contract usually involved monetary restitution to the victim, and this was monitored in most cases. Programs were not usually evaluated. In general, staff workers were less optimistic than program administrators in assessing the effectiveness of mediation, and more positive concerning the effects of incarceration and probation.
- Umbreit, Mark S and Coates, Robert B. Victim Offender Mediation: An Analysis of Programs in Four States of the U.S.
- This report presents the results of the first large cross-site evaluation of victim offender mediation programs. Programs in four cities: Albuquerque, Minneapolis, Oakland, and Austin: were examined in a number of areas, including mediation process and outcomes, client satisfaction, perceptions of fairness, cost implications, restitution completion, and recidivism. The report presents a number of conclusions about victim offender mediation programs. Implications for policy and program development are also discussed. Executive Summary Available online.
- Löschnig-Gspandl, Marianne and Kilchling, M. Victim/Offender Mediation and Victim Compensation in Austria and Germany: Stocktaking and Perspectives for Future Research
- Victim/offender mediation according to Austrian legal doctrine is the generic term for various ways of compensating victims. This includes compensation for any personal injury, loss, or damage caused, whether directly or indirectly, by an offense; reconciliation talks, apologies, and help for the victim; and community service or payments to public welfare institutions. In Austria, victim/offender mediation is a central feature of juvenile justice processing. Germany's criminal law provides for various forms and benefits of mediation for victims of juvenile and adult offenders. These include face-to-face meetings between victim and offender, as well as requirements that offenders compensate victims. From 1992 to the end of 1995, approximately 5,500 charges against adult offenders were settled through victim/offender mediation in Austria. In Germany, from 1977 to 1993 victim compensation imposed by public prosecutors declined from 1.5 percent to 0.7 percent of all dismissed cases. Compensation imposed in cases of court dismissals, however, remained constant at approximately 8.5 percent. In absolute numbers, this is approximately 5,200 cases a year. Evaluation research indicates that victims are most satisfied with victim/offender mediation programs that result in compensation for the victim. They are less committed to mediation that focuses on reconciliation and the resolution of conflict between the victim and the offender. 98 footnotes
- Sudipto, Roy. "Victim Meets Offender: A Comparative Study on Juveniles and Adults in a Midwestern County"
- Victim Offender Reconciliation Program (VORP) is a special mode of conflict resolution between victims and offenders. It has appeals to both parties. Face-to-face encounter is the essence of the VORP process. Mediation and reconci-liation make offenders accountable and responsible for their criminal acts and also committed to recompense their victims’ damages. In turn, the process is expected to reduce reoffending among the participating offenders. This study compares the impact of a VORP for juveniles and adults in Elkhart County, Indiana. This post-adjudication restitution program is operated by the Center for Community Justice - a private agency. Data were collected on the participating offenders from July, 1989 to June, 1990 (fiscal year of the Center); then, they were followed through the end of June, 1992 (2 year follow-up) for recidivism reports. In this study, the ’impact’ of the VORP was measured in terms of offender compliance with restitution contracts and offender recidivism.
- Davis, Robert C.. Brooklyn Mediation Field Test.
- Results are presented from a study on the effectiveness of mediation in resolving interpersonal disputes involving criminal acts. Results were consistent with other research which had also found that disputants felt better about their experience in the criminal justice system and about each other after mediation than after the traditional court process. However, the findings also suggest that mediation was no more effective than prosecution in preventing recidivism and that a great many people in felony arrest cases arising from interpersonal disputes prefer not to use mediation as the means of coping with their problems. The value of mediation, then, for the adult felony arrest cases examined lies in increasing participant satisfaction with the adjudication process. Restorative justice is defined as a process whereby all the parties with a stake in a particular offense come together to resolve collectively how to deal with the aftermath of the offense. Using an experimental design, this study sought to determine if mediation was a more effective method of resolving interpersonal disputes involving criminal acts than was prosecution in the courts. The study examined how the mode of disposition affected victim and offender satisfaction with the process, as well as rates of reoffending. The study consisted of 465 felony arrest cases in Kings County, NY. The cases all involved persons who were acquainted, either intimate partners or other immediate family relationships. (abstract courtesy of the National Criminal Justice Reference Service, www.ncjrs.gov)
- Soria, Miguel Angel and Guillamat, Ansel. VOM with Adults and Recidivism.
- The objective of our investigation is to analyze if the effects of the mediation process affect significantly the parts implied in it and, in second term, its later consequences to eliminate or to reduce the criminal and/or violent acts. To such aim, the judicial files of mediation made between year 2000 and the 2005, as well as its effects on the recidivism of the offenders and its characteristics, were analyzed. (excerpt)
- Dissel, Amanda. Restorative Justice Initiative Research Report on the Victim Offender Conferencing Project: November 2002 to October 2003
- The Restorative Justice Initiative raised funds for a third year of Victim Offender Conferencing in its four partner sites: Alexandra Community Law Clinic, Odi Community Law Clinic, Conquest for Life in Westbury, and the West Rand Justice Centre. The project has been supported by the Open Society Foundation during the three years. The proposal sought to ensure that the VOC project would continue for a further year, but it also sought to test VOC in relation to more serious offending. The current year was intended to focus on serious offending (such as assault with intention to inflict grievous bodily harm) and domestic violence. It was also intended to pilot mediations at custodial institutions. Because the nature of cases was meant to be different, requiring more detailed preparation, the number of cases to be handled by each site was reduced to thirty cases in the year. In fact, each site was paid for 36 mediations, or three a month (a total of 144 cases). This report reviews the cases dealt with during the 2002/03 year, compares them with cases mediated in the previous two years, and reviews whether these cases did indeed fulfill the expectations of testing VOC with more serious cases and domestic violence. (excerpt)
- Coates, Robert B and Burns, Heather and Umbreit, Mark S. Why Victims Choose to Meet With Offenders
- The data-collection period covered 10 months of program activity, from January through October 2002. Forty-one of the 146 adult victims in the referral pool were interviewed. Of these 41 victims, 18 met in conference with their offenders, and 23 of them did not. Half of the victims who met with offenders during the study period participated in the study compared with 21 percent of those who did not meet with their offenders. In addition to victim interviews, six probation officers responsible for intake and referral and nine mediators/facilitators were interviewed. In order of the frequency of reason given, the following reasons were given by victims for not participating in a conference with their offenders: not worth the time and trouble involved, the matter had already been resolved, too much time had passed since the crime, just wanted the money, and complaint that the system just wanted "to slap the wrist of the offenders." For the victims who participated in conferences, the most frequent reason given was to possibly help the offender, hear why the offender did the crime, communicate to the offender the impact of the crime, and to be sure the offender would not return to commit a repeat offense. One of the most significant findings of the study was that nearly 90 percent of the victims who met with offenders reported that the meeting had been helpful, and just over 85 percent of these victims did not wish that the justice system had offered them more options or services. On the other hand, nearly half of the victims who did not meet with their offenders wished that the justice system had offered more. Some implications of these findings are discussed. Abstract courtesy of National Criminal Justice Reference Center, www.ncjrs.org.
- Flash, Kimberly. Treatment Strategies for Juvenile Delinquency: Alternative Solutions
- Social workers involved in the treatment of adjudicated youth commonly encounter youth sentenced to traditional incarceration or parole as a path to rehabilitation. This article examines alternative treatment strategies for adjudicated youth, namely Victim Offender Reconciliation Programs (often called mediation), Boot Camps, and Wrap-Around Community-Based Care, to help these youth avoid reoffending. While popular with the media, policymakers, or the general public, an evaluation of the literature makes it clear that these programs do not necessarily guarantee lower recidivism rates for program participants. It is evident that further research and evaluation must be done in order to more fully understand the drawbacks and benefits of alternative strategies, and to more appropriately help adjudicated youth and their communities. Author's abstract.
- Nelson, Sarah E. Setting the Story Straight: A Study of Discrepant Accounts of Conflict and their Convergence
- It is well know that actors and observers differ in their attributions for everyday actions. While these difference in how people interpret their own and othersâ behaviors are pervasive, they become particularly significant when the behavior is perceived as a transgression. The conflicting perspectives of the transgressor and victim as well as the differing judgments of responsibility and intent that follow can lead to conflict, distress, and even violence. The following three studies confirm the discrepancy between victim and transgressor attributions for a transgression, explore what happens where these conflicting perspectives come face to face, and investigate how the different partiesâ âstoriesâ? of the transgression can be reconciled. In the first study, college students thought of a transgression either they had performed or of which they were the victim and provided explanations and ratings of blame, intent, and controllability. As predicted, victims and transgressors provided different explanations for the acts, and victims assigned more blame and intent than transgressors. The second two studies tested a model of conflict resolution according to which disclosure and perspective taking would lead to conflict resolution through increasing shared understanding between two parties. The second study examined audio taped mediations sessions between offenders and either their victims or community members representing the victims. The tapes were coded for instances of perspective taking and self-disclosure. Mediations involving the victim were more successful and included more self-disclosure by the victim than community member mediations. Perspective taking and disclosure behaviors of victims/community members and offenders were distinctively predictive of mediation outcomes. To more stringently test the model, a third study was conducted under controlled laboratory conditions in which roommates were audio taped discussing conflicts. Author's abstract.
- White, Linda Lou. Hope in Process: A Qualitative Study of Victim Offender Mediation/Dialogue in Texas
- This qualitative case study explored the nature of the experience of victim-offender mediated dialogue (VOMD) in the state of Texas. The participants whose narratives were examined included the victims and offenders from four crimes of extreme violence and the staff of mediators who prepared each of these dyads for a face-to-face encounter. Analysis of the data revealed that the motivations for both victims and offenders were reciprocal. The victims usually wanted a chance to have the offenders acknowledge their pain, answer their questions, and express remorse for the violent act that took their loved one. The offenders wanted generally to offer the victims those same small comforts, and possibly, to regain some measure of self-respect by doing so. The ultimate goal for both groups was healing, and their motivations were basically related to a hope that propelled them forward to new ways of living with this past violence. The motivations for the mediators, including the volunteers, had to do with feeling called, as well as blessed, to do this kind of special work they believed made a difference in the world. Other findings included the nature of the process and how it works to provide the healing that the participants seek. I found that it works through the following: (1) a safe place; (2) the use of reflection and self-awareness; (3) empathy; (4) peace and reconciliation; and (5) spiritual transformation. The program was viewed through the lens of transformative learning as defined and theorized by Mezirow. Within the processes fostered by VOMD, I found a strong connection to Mezirow’s process of critical reappraisal of one’s beliefs and assumptions, and to the perspective transformation that he suggests may be possible. The primary perspective transformation that I saw was the new willingness on the part of both victim and offender to see the other’s basic worth as a human being; and this is the study’s key finding. Author's abstract.
- Balahur, Doina. Romanian juvenile justice system towards its way to restorative practices.
- The practice of VOM in Romania has been experimentally undertaken in Bucharest and Craiova. The two experimental centres have been set up in 2002 based on the partnership between the Department of Reintegration from Romanian Ministry of Justice, Centre for Legal Resources and the Foundation Family and Child Care. The technical assistance has been provided by the experts of DFID from UK. According to the aims and objectives of the VOM experiment only those types of crimes have been selected which are based on the criminal complain of the victim (battering, assault and other crimes against the person, insult etc). The persons - victims and young offenders - have been integrated based on their voluntary consent. (excerpt)
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