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Articles discussing the practice of victim offender mediation.

Treasures: Victims Voice, Safe Justice and Lemonade
 
Mediation and conferencing in child protection disputes: special issue of Family Court Review
In 1997, Family Court Review published the first special volume focused on child welfare mediation. At the time it was a relatively new field gaining ground in a number of states and provinces. Since then mediation and other alternatives to traditional and adversarial child welfare proceedings have been emerging and evolving across the United States, Canada, and the world. In this follow-up to the first special volume, the articles trace the history of the development of mediation and family group decision-making programs in the child welfare arena.
Editor. A victim-offender conference: putting the people most affected by a murder, the victims, at the centre of the process
After two young men fight resulting in the death of one, it takes eight years before a victim-offender conference is held. The conference brings peace to both the victim's mother and the offender.
. An empirical study on restorative affecting factors for penal mediation -- A restorative justice perspective.
Penal mediation has a long history in Taiwan. It is part of local autonomy administration and has the function of auxiliary justice、restoration、diversion and high acceptance by the public. They are two purposes for this study: to find out whether the penal mediation contains the elements of restorative justice and to find out the affecting factors that could maximize the benefits of penal mediation. Two research methods are used. It interviewed 3 mediation commission chairpersons and 3 mediation commission secretaries. It also surveyed 498 mediation participants. The results of in-depth interview show that interviewees used “social conflict" rather than “crime" to view the mediation case under mediating,and penal mediation contains the elements of restorative justice, diversion, emotional release ,harm reduction and relation rebuilt. It is very important that the mediation members hold an attitude of rationality and fairness in order to achieve mediation agreement. Survey results show that more than 80% percent of the respondents positively responded to procedural satisfaction,result satisfaction ,restoration and identification with the mediation system. In addition, if there are sufficient opportunity for interactive dialogues and conciliation among participants, the mediation results are better. Multiple regression indicates that subjective procedural factors(attitudes toward the mediation commission members), and the objective procedural factors(the meeting was conducted in a circumscribed location, the amount of monetary restitution, the number of times the mediation was conducted and the length of time the meeting was conducted) are the major affecting factors of penal mediation success. It is therefore suggested that mediation meeting which is conducted in a circumscribed location, participants are able to release their emotions, commission members are fair and rational, these factors are able to increase the power and will of participants’ restoration. It is also suggested that interactive dialogues among participants should be encouraged. (authors' abstract)
Gerkin, Patrick M.. Participation in Victim— Offender Mediation: Lessons Learned From Observations.
Victim—offender mediation has grown to establish itself among criminal justice practices as an alternative to traditionally retributive notions of justice. As the number of programs claiming to be restorative in nature continues to grow, victim—offender mediation programs are emerging as one of the state's preferred delivery methods for restorative justice. Restorative practices, including victim—offender mediation, are inclusive practices. Participation is not only encouraged, it is a necessary element for victim—offender mediation to achieve restorative outcomes. Through the use of observations and content analysis of agreements produced in victim—offender mediation, this research uncovers several impediments to individual participation, including problems in the implementation of restorative practices; participant domination, including victim lecturing; and a lack of awareness among the participants about the restorative vision of justice. (author's abstract)
Goldstone, Sharon. What place for Restorative Justice in the Probation Service?
. s a qualified mediator and trainer,I have been able to use my training and experience in my work in the Victims Unit to work between victims, family members and offenders to mediate and facilitate transformational experiences which have impacted into the lives of the people concerned. I am repeating one case study so that those working with offenders are aware that there is some potential for Victim Offender Mediation from a Restorative Justice perspective. (excerpt)
Firestone, Gregory. Empowering Parents in Child Protection Mediation: Challenges and Opportunities.
One of the greatest challenges that parents face in child protection mediation (CPM) is to voice their concerns and negotiate on a relatively equal basis with the other mediation participants. This article considers how imbalances of power, limited confidentiality protection, and the personal problems that bring parents into the child protection process can limit a parent’s ability to exercise self-determination in mediation and offers guidance for mediators seeking to conduct CPM in a manner that effectively empowers parents to meaningfully and collaboratively participate in mediation. (Articles Abstract)
Martin, Patricia M.. Child Protection Mediation: The Cook County Illinois Experience -- A Judge's Perspective.
The Child Protection Mediation Program in Cook County, Illinois is the result of a collaborative effort on the part of the court, its stakeholders, and the attorneys involved in child protection cases. Child protection mediation empowers families and includes parents in many decisions impacting their children. It also helps judges to move children’s cases through the legal system more rapidly and in a more efficient and humane manner. This results in children achieving more timely permanency. The program is sustained in part due to frequent outreach to, and input from, the program’s consumers. These help to ensure that the program is meeting the diverse needs of the court, the families, and the professionals involved in the cases. (Author's Abstract)
Giovannucci, Marilou and Largent, Karen. A Guide to Effective Child Protection Mediation: Lessons from 25 Years of Practice.
What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25-year perspective on key elements that have contributed to the success of child protection mediation programs. (Author's Abstract)
Mayer, Bernie. Reflections on the State of Consensus-Based Decision Making in Child Welfare.
Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensusbased decision making in child protection will continue to expand and grow but will also continue to confront these challenges. (author's abstract)
Thom, George Lai and Sharpe, Susan. Making Sense of North American and South African Differences in the Practice of Restorative Justice
Cultural realities in North America and South Africa influence the way practice is undertaken. In this article, Susan Sharpe and George Lai Thom explore how those differences impact the practice of victim offender mediation in those two contexts.
Sharpe, Susan and Thom, George Lai. Making Sense of North American and South African Differences in the Practice of Restorative Justice.
These convictions are usually expressed independently, in response to different issues. It is easy to accept each on its own merits, seeing them as separate criteria to be met in separate ways. At least, it was easy for one of us (Susan) to do that—considering each of them a fundamental requirement of “best practice” without ever considering them both at once. That changed when the two of us began talking about victim-offender mediation (VOM) in cases of violent or otherwise traumatic crime. (Authors’ note: In this article, the terms VOM, mediator, and mediation refer exclusively to such serious cases.) (excerpt)
Wright, Martin. Neighbor and Peer Mediation Help to Preserve Social Order.
First, I will describe our experience of neighbor mediation in Lambeth, in south London about how it was established and how it works, with some examples. Then you can consider whether this approach is relevant in your circumstances. Next, I will say a few words about mediation in schools. Then I will suggest some reasons why the hypothesis is a reasonable one, and I will outline the ideals on which this practice is based, ending with a vision for the future. (excerpt)
Gorgenyi, Ilona. Future Mediation with Serious Offenses in Hungary.
Victim-Offender Mediation with certain types of offences will exist in Hungary from 1 January, 2007. (Act LI. 2006) Restorative criminal justice is promoted by the taking into account of the victims’ interests during the criminal procedure and the compensation of damages caused by criminal offences by the state. For the sake of this, an act was passed on the assistance of the victims of criminal offences and on the compensation of damages by the state (Act CXXXV, 2005). Furthermore, the offender is urged to restore the state prior to the damage caused by the criminal offence by the widening range of regulations making more favourable judgement possible in the Penal Code, which create a reason for the elimination of punishability or make it possible to mitigate punishment without limits, or e.g. the legal institution of the postponement of accusation in the Code of Criminal Procedure.(excerpt)
Vos, Betty and Coates, Robert B. and Umbreit, Mark S and Vos, Betty. Victim Offender Mediation: Evidence Based Practice Over Three Decades.
More than fifteen hundred VOM programs in seventeen countries have developed in the past three decades, and more than fifty empirical studies of VOM have been conducte in five different countries. The VOM process can be summarized by four distinct phases: (1) referral and intake; (2) preparation for mediation; (3) mediation, and (4) follow-up. Each raises important issues of policy, practice and implementation, and we survey each in the following sections. We also offer brief summaries of what the research demonstrates regarding participant characteristics, participant satisfaction, restitution, recidivism, cost, and the more recent use of VOM in crimes of severe violence. (excerpt).
Albrecht, Berit . Multicultural Challenges for Restorative Justice: Mediators' Experiences from Norway and Finland .
Since today's civil society in the Nordic countries is multi-ethnic, participants and mediators in restorative justice procedures often have diverse cultural backgrounds. This can lead to miscommunication, misunderstandings, and at worst re-victimization of the victim. This article aims to discuss the applicability of restorative justice theory and practices in cross-culture mediation with a focus on migrant minorities such as immigrants and refugees in Finland and Norway. On the basis of case studies and interviews with mediators, administrative mediation staff, and project leaders in countries, relevant issues such as communication processes, prejudices and stereotypes, the role of the mediator and mediation models are discussed. The study explains advantages of restorative justice for minorities in Norway and Finland as well as the need of safeguards. It demonstrates that restorative justice theory is a concept of conflict resolution that is more easily accessible for minorities from certain ethnic groups than from others. Finally, the value of restorative justice for the social integration of minorities is critically discussed. The purpose of this article is to draw attention to problems of restorative justice for ethnic migrant minorities, not to provide 'handbook solutions'. In the course of this research project, it became clear that more systematic research is needed, including the perspective of participants in mediations, in order to enhance appropriate restorative justice practices for migrant minorities in the Nordic countries. (author's abstract)
Coates, Robert B and William Bradshaw and Umbreit, Mark S and Coates, Robert B. "Victim sensitive offender dialogue in crimes of severe violence: Differing needs, approaches, and implications."
In this monograph the authors focus on the pursuit of restorative justice through victim offender dialogue. In particular they address issues regarding the application of restorative principles and processes (such as victim offender mediation) to cases involving severe violence. Differing approaches to victim sensitive offender dialogue are categorized and analyzed. Of three types, the authors concentrate on elaborating a type they designate as "humanistic mediation," which they characterize as "dialogue-driven." Through statistics, anecdotes, and case studies, they argue for the effectiveness of victim sensitive offender dialogue in cases of severe violence, even while they point to many unanswered questions in this area.
. Harmony and transformative mediation practice: Sustaining ideological differences in purpose and practice.
The objective of this article is to articulate and clarify the key differences between the harmony and transformative frameworks of mediation practice and to argue for the importance of maintaining an awareness of these core differences in both theory and practice. The first two parts discuss how the harmony and transformative frameworks differ along three dimensions: (a) the ideological premises that shape the goals and expectations for conflict intervention; (b) the nature of and expectations for the third party role within each approach to intervention; and (c) the specific intervention practices that are central to third party work in each of the frameworks. Part III section focuses on why the differences between the two frameworks are often overlooked or misunderstood in the mediation field. It clarifies the sources of confusion and discusses the impact the misunderstandings have had on the development of transformative mediation practice. The final part of the article argues for the importance of sustaining a clear distinction between these two ideological approaches to conflict intervention. It contends that the differences matter at both a conceptual and applied level for the preservation of sustainable practice within each framework. (excerpt)
Choi, Jung Jin. Opening the "Black Box": A Naturalistic Case Study of Restorative Justice.
To develop an in-depth understanding of restorative justice process, this study examined multiple perspectives of the participants’ experiences of a Victim Offender Mediation (VOM) program operating in a Midwestern city. The primary data source was 34 face-to-face interviews conducted with 37 participants including adult crime victims, juvenile offenders and their parents, and service providers involving mediators and referral sources. Findings highlight that VOM helped participants put a face on crimes, which led them to acquire the unseen impact of the crimes. In general, the participants, including the victims, overwhelmingly indicated having had positive experiences. However, findings also indicated some insensitive approaches toward the victims, which reflect the offender-focused mind-set of the practitioners. This study brings forth the detailed and rich stories from an insider’s perspective on restorative justice, helping us to take a closer look at what is aptly referred to as the “black box” of restorative justice. (author's abstract)
. "What! What kind of apology is this?": The nature of apology in victim offender mediation.(Report).
This qualitative study examined the multiple perspectives of participants' experiences of a Victim Offender Mediation (VOM) program operating in a Midwestern city. Thirty-four face-to-face interviews were conducted with 37 participants, including juvenile offenders and their parents, adult crime victims, mediators, and referral sources. The findings indicate disparities exist between the juvenile offenders and their victims in their perceptions of the genuineness of the apology delivered. The nature of apology is explored and its meaning in the restorative justice context is set out. This study provides a snapshot of the process and practice of restorative justice work. In particular, this study highlights the complicated nature of communication between and among VOM participants. Recommendations are made to improve victimsensitive restorative justice practices through the composition and delivery of the apology. (excerpt)
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