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Showing 10 posts filed under: Mediation [–] [Show all]

Actions and consequences: How restorative justice can help victims move on

from the article by Javed Khan:

If you were a victim of crime, would you want to meet the offender?

What would you say to them?

A burglary victim might, for example, want to talk about the inconvenience, the hassle of sorting out the mess and replacing what has been stolen.

They could spell out that some things - just objects to an outsider - are completely irreplaceable, and how sentimental value outweighs any financial cost.

But we all know that actions have unintended consequences, and burglary isn't just about what's been taken, it's about what's been left behind too.

Nov 25, 2013 , , , , ,

Compulsory Mediation within Civil and Criminal Law: Good, Bad, or Just Plain Daft

From the article on ILennon: A Comment on Legal Developments:

...Mediation is a process which carries with it undeniable successes, and which when used in the right circumstances is a altogether good thing, providing access to justice, a speedy and affordable process and a way of resolving disputes in a manner designed to restore and preserve relationships. “In all dispute resolution methods there is always pressure for change”[i], one such change mediation faces is the possibility of being made a compulsory precursor to litigation. This paper takes a short but critical look at the possible outcomes if a statutory requirement meant that mediation become compulsory within Civil and Criminal claims.

Sep 18, 2013 , , ,

Consistency and proportionality in victim-offender mediation agreements

from the article by Caryn Saxon on Mediate.com: 

As restorative victim offender mediation programs continue to gain ground within the criminal justice system, more community organizations committed to restorative justice values and initiatives are collaborating with traditional justice agencies and offices.  While these collaborations are mutually beneficial and socially transformative, inevitable tensions emerge when restorative and traditional models of justice engage one another within a community.  In this paper, we will examine one example of this – the question of consistency and proportionality in our response to offenders and crime – and explore ways in which bilateral (restorative) and unilateral (traditional) methods of resolution can amend this apparent conflict and remain collaborative partners in effectively bringing justice to their communities and its members responsibly and safely.

Jul 19, 2013 , ,

Empowered Victims & Moral Perpetrators: A Needs-Based Model of Reconciliation

from the entry by Christine Webb on Mediate.com:

At a recent workshop at Leiden University on Obstacles and Catalysts for Peaceful Behavior, Nurit Shnabel presented exciting research distinguishing the needs of victims and perpetrators in interpersonal and intergroup conflicts. According to Shnabel and colleagues’ Needs-Based Model of Reconciliation, victims of conflict experience a psychological loss of status and honor, thus undermining their identities as powerful actors. Perpetrators, on the other hand, experience a psychological loss of social acceptance, thus threatening their identities as moral actors. Accordingly, victims and perpetrators are differentially motivated to restore these respective identities, and interactions that do so will increase their willingness to reconcile....

May 13, 2013 , , , ,

What if we gave victims of serious crimes the opportunity to face the offenders?

from the article by Robb Davis in the People's Vanguard of Davis:

There has been much speculation about the factors that might lead someone to commit the kind of crime that was perpetrated against Mikey Partida.  While some of it may be premature it is a normal human response to try to make sense of something that is so senseless.

….Lisa Rea, founder of Restorative Justice International, who has worked in restorative justice since 1992 believes that victims of crime do not want some vague sense of "closure" but rather they want to regain a sense of safety, security and healing.  She argues in a 2012 article[1] that for many victims the healing process would be facilitated by an opportunity to face the offender, ask him/her questions, describe the harm that was done, and seek a way for the harms done to them to be made right.  She notes: "...(T)hroughout my work the number of victims who are seeking to participate in some kind of restorative justice dialogue is increasing."

Apr 12, 2013 , ,

Power of One: Restorative justice couples victims with offenders

from the article on CTV.ca:

....A woman named Marité has been taking part in the process, not by facing her sexually-abusive father, but rather, another man who committed similar acts.

She said that results have helped her cope with the damage she suffered.

"For him it was like I was his daughter," said Marité. "And I was able also to express my anger to him and that's what he wanted rather than silence from his daughter."

"I can now go forward because I'm not bound to my father anymore. I can leave him go."

Jun 26, 2012 , , , , , , , ,

New Staffordshire crime-fighting partnership praised by Justice Secretary

from the article by Sonya Britton iin This Is Staffordshire

On a visit to Staffordshire's new integrated crime-fighting hub, Justice Secretary Lord McNally met former offenders, victims of crime, and staff from police, probation and drug treatment agencies.

And Lord McNally was impressed at the joint working shown by the 180° Integrated Offender Management partnership, which aims to help tackle the most challenging and prolific offenders in Staffordshire in an integrated way.

Jun 08, 2012 , , , , , , ,

Select committee urged to avoid courtroom 'Oprahfication'

from the article on Voxy.co.nz:

Rethinking Crime and Punishment agrees that victims should be able to provide information to the court about the effects of offending; and the harm they have suffered. However, it does not believe that the presentation of a victim impact statement in the Court, was the best way to achieve it.

Apr 24, 2012 , , , , , ,

Review: Restorative justice in practice: Evaluating what works for victims and offenders.

Joanna Shapland, Gwen Robinson, and Angela Sorsby (2011). Restorative justice in practice: Evaluating what works for victims and offenders. Oxford, UK: Taulor & Francis Group Ltd. Paperback. 227 pages.

by Eric Assur

Three British criminology researchers and educators, affiliated with the University of Sheffield, have offered a very rich book on the use of victim-offender mediation programs (what they call schemes) in adult criminal justice venues in England. 

Most early Restorative Justice (RJ) writing has focused on juvenile justice programs, generally with a concentration on diversionary approaches for first time offenders. The Shapland, Robinson and Sorsby book looks exclusively and intensely at three ‘schemes’ and several hundred ‘cases’ involving adults. The criminal justice programs they studied were funded by the British Ministry of Justice – Home Office between 2001 and 2008.  They worked with adults at arrest, while going through the courts and even with some while imprisoned.  

Mar 02, 2012 , , , , , , , ,

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.

Dec 21, 2011 , , , ,

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