Restorative justice is a process through which remorseful offenders accept responsibility for their misconduct to those injured and to the community. The emphasis is on restoration: restoration of the offender in terms of his or her self-respect, restoration of the relationship between offender and victims, as well as restoration of both offenders and victims within the community.
John Haley - "Crime Prevention Through Restorative Justice: Lessons from Japan." In Restorative Justice: International Perspectives, edited by Burt Galaway and Joe Hudson. Monsey, NY; Amsterdam, The Netherlands: Criminal Justice Press and Kugler Publications, 1996. P. 352.
Victim Offender Mediation or DialogueVictim-Offender Mediation or Dialogue (VOM or VOD) brings offenders face-to-face with the victims of their crimes with the assistance of a trained mediator. Crime is personalized as offenders learn the human consequences of their actions, and victims have the opportunity to speak their minds and their feelings to the one who most ought to hear them, contributing to the healing process of the victim.
Victims may get answers to the often haunting questions that only the offender can answer. The most commonly asked questions are, "Why did you do this to me? Was this my fault? Could I have prevented this?" With their questions answered, victims commonly report a new feeling of peace of mind.
Offenders take meaningful responsibility for their actions by mediating a restitution agreement with the victim, to restore the victims' losses, in whatever ways that may be possible. Restitution may be monetary or symbolic; it may consist of work for the victim, community service or anything else that creates a sense of justice between the victim and the offender.
When a case is referred, a mediator contacts both the victim and the offender to arrange appointments for separate meetings with each. At the individual meetings, the mediator explains the process, answers questions and screens the case for its appropriateness for mediation. If the case is suitable for mediation, the victim and offender both agree to participate.
The preparation may include homework assignments, one-on-one meetings with the mediator, and finally, a face to face meeting in a safe and secure environment. Before beginning the session, the mediator provides ground rules to assure safety and respect. The victim usually speaks first, telling the offender how the crime affected him/her and may ask questions of the offender. The offender may offer an explanation and/or an apology. The victim's losses are discussed. Whatever agreements the victim and offender make will reflect justice that is meaningful to them, rather than being limited to the narrow definitions of the law.
Programs & Results: In cross-state and cross-national studies, the overwhelming majority of participants, both victims and offenders, have reported in post mediation interviews and questionnaires that they obtained a just and satisfying result. Victims who have feared re-victimization by the offender whom they have met in mediation typically report this fear is now gone. Victim-offender mediations have taken place in prisons; some have occurred after an offender has been released from prison. The impending release of an offender may motivate the victims to seek mediation.
Remarkably consistent statistics from a cross-section of the North American programs show that about two-thirds of the cases referred resulted in a face-to-face mediation meeting; over 95% of the cases mediated resulted in a written restitution agreement; over 90% of those restitution agreements are completed within one year. On the other hand, the actual rate of payment of court-ordered restitution (nationally) is typically only from 20-30%. Why is there such a huge difference in restitution compliance? Offenders seldom experience court-ordered restitution as a moral obligation. It seems like just one more fine being levied against them by an impersonal court system. When the restitution obligation is reached voluntarily and face-to-face, offenders experience it in a very different way. Perhaps most important, after facing the victims of their crimes, offenders commit fewer and less serious offenses than similar offenders who are processed by the traditional juvenile or criminal justice system.
About mediation in cases of crimes of severe violence
In a growing number of victim-offender programs, victims and survivors of severely violent crimes, including murders and sexual assaults, are finding that confronting their offender in a safe and controlled setting, with the assistance of a mediator, returns their stolen sense of safety and control in their lives. Increasingly, mediation is helping to repair the lives of surviving family members and offenders devastated by drunk-driving fatalities.
Such violent offenses are usually mediated upon the initiation of the victim, and only after many months (sometimes even years) of work with a specially trained and qualified mediator, collaborating with the victim's therapist and/or other helping professionals. Participation must be completely voluntary, for both victim and offender. Mediators carefully screen cases and every aspect of the mediation process has the safety of the victim as its foremost concern. Only offenders who admit their guilt, express remorse and want to make amends are candidates for mediation.
There may be restitution agreements for funeral expenses, psychotherapy and other financial losses, but there is obviously no way to restore the lost life of a loved one. The primary focus is upon healing and closure. In cases of severely violent crime, victim-offender mediation is not a substitute for punishment. In such cases, judges seldom reduce prison sentences as a result of mediation.
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