Programmes

Programme Description

We attend to four types of restorative justice dialogue/meetings. These include victim-offender mediation, group conferencing, circles, and “other.” All have in common the inclusion of victims and offenders in direct talks, nearly always face-to-face, about a specific offense, wrongdoing or infraction. The presence of at least one third person who serves as mediator, facilitator, convener, or circle keeper; and usually, advance preparation of the parties so they will know what to expect. The focus of the encounter always involves naming what happened, identifying its impact, and coming to some common understanding, often including reaching agreement as to how any resultant harm will be repaired. Use of these processes can take place at any point in the justice process, including pre-arrest, pre-court referral, pre-sentencing, or post-sentencing and even during incarceration.

1. Victim-Offender Mediation (VOM)

Victim-offender mediation (often called “victim-offender conferencing”, “victim-offender reconciliation” or “victim-offender dialogue”) usually involves a victim and an offender in direct mediation facilitated by one or sometimes two mediators/facilitators; occasionally the meeting takes place through a third party who carries information back and forth, a process known as “shuttle” mediation. In face-to-face meetings, support persons (such as parents or friends) for victims and/or offenders are often present.

Victims

Participation rates for crime victims are addressed in several VOM studies and typically range from 40% to 60%, though rates as high as 90% have been reported. Several studies noted that victim willingness to participate was driven by a desire to receive restitution, to hold the offender accountable, to learn more about the why of the crime and to share their pain with the offender, to avoid court processing, to help the offender change behaviour, or to see the offender adequately punished.

Victim reasons for choosing to participate were rank ordered as follows: to possibly help the offender, to hear why the offender did the crime, to communicate to the offender the impact of the crime, and to be sure the offender would not return to commit a repeat offense. Interestingly, victims frequently report that while restitution was the primary motivator for them to participate in VOM what they appreciated most about the program was the opportunity to talk with the offender.

As regards mediated dialogue in severely violent crimes, victim reasons for wishing to meet are chiefly to seek information, to show offender the impact of their actions, and to have some form of human contact with the person responsible for the crime.

Offenders

Offenders choosing to participate often wanted to pay back the victim, to get the whole experience behind them, to impress the court, or to apologise to the victim.

As regards mediated dialogue in severely violent crimes, offenders who agreed to meet offered the following victim-related reasons: to apologise, to help victims heal, and to do whatever would benefit victims. Offenders also hoped the experience would benefit themselves, including that it would contribute to their own rehabilitation, that it could change how their victims viewed the, and that they had spiritual reasons for wanting to meet with their victim.

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2. Family group conferencing

Group conferencing (usually known as “family group conferencing” or “community group conferencing” or “restorative group conferencing”) routinely involves support persons for victims and offenders as well as additional participants from the community. Many group conferencing programs rely on a script, though some are more open-ended. The number of support persons present can often range from 6-10 to only a few, much like victim offender mediation. Some group conferences can be quite large.
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3. Peace-making circles

Circles are variously called “peace-making circles,” “restorative justice circles,” “repair of harm circles” and “sentencing circles.” The numbers and types of participants gathered for circles are similar to those gathered for conferences, though sometimes there is even wider community member participation, either as interested persons or as additional circle-keepers or facilitators. The process involves the use of a “talking piece” that is passed around the circle to designate who may speak.
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4. Other

“Other” refers to programmes such as reparative boards, victim impact panel and other community-based programs that invite victims and offenders to participate together in crafting an appropriate response to the offense.
Restorative Justice Initiative Midlands