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Hofinger, Veronika and Pelikan, Christa and Zetinigg, Birgit and Pelikan, Christa. Victim-Offender Mediation with Juveniles in Austria.

The European Commission’s Grotius II Criminal Programme initiated a project to address the need for better understanding of victim-offender mediation practices with juvenile offenders and justice systems in Europe. Under this project, studies were contracted and research papers produced to examine the situation in a number of European countries. Each study covered the following matters: norms and legislation allowing for the implementation of VOM programs; theoretical frameworks of VOM centers; organizational structure of VOM centers; categories and profiles of juvenile offenses; professional characteristics and job satisfaction of mediators; and advantages and criticisms of VOM. The papers were presented and discussed at a final seminar in Bologna, Italy, September 19-20, 2003. Within the categories mentioned above, this particular paper surveys victim-offender mediation with juveniles in Austria.

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

Pelikan, Christa. Victim-offender mediation in Austria

Pelikan notes that Austria has a reputation as a conservative society with a punitive orientation in criminal justice. Yet through the 1980s and 1990s Austria has become a pioneer and leader in the field of victim-offender mediation. Pelikan details the conditions, innovations, and legislation that effected this transformation. The impetus came from a debate about juvenile justice in Austria, leading to changes in responding to offences through conflict resolution, with resolutions that could include victim-offender mediation, comprehensive compensation and reconciliation, and community service. The changes involved administrative arrangements, legislation, and experimental projects. Eventually, proposals were made to extend these changes to the general criminal justice system, including adult offenders and very serious offenses. This took considerable time and effort. Opposition came, for example, from the conservative sector and from the women’s movement (which, while supporting many aspects of the proposed changes, sought to exclude domestic violence cases from this approach based on victim-offender mediation as against established criminal prosecution). In time, though, legislation was enacted that began a process of moving the Austrian criminal justice system toward restorative alternatives, as seen in victim-offender mediation processes and outcomes. Pelikan details the legal context for mediation and mediators, policy and implementation structures and processes, and mediation programs in Austria. In the latter part of this paper Pelikan presents research statistics on the number of cases handled by mediation, types of offenses, characteristics of offenders, and outcomes.

Government of Austria.. Jugendgerichtsgesetz 1988 - JGG.

The text of this legislation is in German. It contains references to the use of mediation in criminal cases.

Zwinger, Georg. Restorative justice practice and its relation to the criminal justice system

As Georg Zwinder notes, the victim-offender mediation program (VOM) in Austria began in the 1980s within the framework of juvenile criminal law by social workers working for the probation system. In 1992 VOM was extended as a pilot project to general criminal law for adult offenders. For social workers, all of this involved a new approach with a new perspective – that of restorative justice, with emphases on crime as harm and on the needs of victims. Zwinger explores what they learned in Austria about victims, the role of the mediator, the prime purpose of VOM, methods for conducting a mediation, the relationship between social workers and criminal justice authorities, and the future of VOM in the Austrian criminal justice system.

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.