Conferencing

Articles discussing restorative conferencing models.

Restorative practices in Hungary: An ex-prisoner is reintegrated into the community

from the article by Vidia Negrea: As the representative of Community Service Foundation of Hungary, the Hungarian affiliate of the International Institute for Restorative Practices (IIRP), I participated in a group session of the Hungarian Crime Prevention and Prison Mission Foundation in summer 2009 (Sycamore Tree Project — www.pfi.org/cjr/stp/introduction — or Zacchaeus Program in Hungary). There I met the governor of Balassagyarmat prison, where inmates were working in groups on issues related to their crimes and exploring ways to repair relationships they had damaged. Some inmates began accepting responsibility for what they had done and were motivated to make things right and earn forgiveness of victims and their families. Prisoners made symbolic reparation in the form of community service within the prison, but there was still a lot to do to create opportunities for offenders to make contact with victims and shed the stigma of their offense by means of direct reparation. Also, prison management believed it important to support processes, acceptable to victimized families and communities, to help prisoners regain control of their lives and prevent reoffending.

The Salvation Army and restorative justice

from the article in The Dignity Project: “I will never forget my first brush with injustice” says Matt Delaney. “I was so hurt. I wanted pay back. I wanted to retaliate, to return the favour that I didn’t ask for. I did fight back. Strange though, after I unleashed my vengeance, all I felt was empty and alone. What was wrong with me? Where was the justice I was looking for? Why didn’t I feel justified?

No script for the journey

by Lynette Parker I recently started reading The spirit and art of conflict transformation: Creating a culture of justpeace by Thomas Porter. Early in the book he says, “The work of conflict transformation is best described as the art of improvisation. Human interaction cannot be programmed, and there is no script for this journey.” Mentally, I said, “You’ve got that right.”

We can write the stories of peace with our lives

from the Fambul Tok website: Fambul Tok (Krio for “Family Talk”) emerged in Sierra Leone as a face-to-face community-owned program bringing together perpetrators and victims of the violence in Sierra Leone’s eleven-year civil war through ceremonies rooted in the local traditions of war-torn villages. It provides Sierra Leonean citizens with an opportunity to come to terms with what happened during the war, to talk, to heal, and to chart a new path forward, together. Fambul Tok is built upon Sierra Leone’s “family talk” tradition of discussing and resolving issues within the security of a family circle. The program works at the village level to help communities organize ceremonies that include truth-telling bonfires and traditional cleansing ceremonies—practices that many communities have not employed since before the war. Through drawing on age-old traditions of confession, apology and forgiveness, Fambul Tok has revived Sierra Leoneans’ rightful pride in their culture.

Restorative Justice Dialogue: An essential guide for research and practice

Restorative Justice Dialogue: An essential guide for research and practice. Mark Umbreit and Marilyn Peterson Armour (2010). New York: Springer Publishing Co. 339 pages.

Going Off Script: What is appropriate for a facilitator to say?

The conversation did cause me to re-examine my role and ask what is appropriate for a facilitator to say in a pre-conference setting.

Reflections on the restorative conference facilitator’s script

In mathematics and science, the term elegant is used to describe a formula or explanation that is both simple and comprehensive. Elegant ideas use evidence to braid together many of the messy strings dangling from a problem. They reveal core mechanisms and are easily related between individuals. Though it inhabits a world seemingly separate from the rigid logic of science and math, restorative conferencing is extremely elegant. The organization of conferencing approaches emotionally chaotic situations and provides structured opportunities to create solutions.

What are we looking for?

“Did you see remorse?” “What are we looking for?” “Why didn’t you ask about previous offending?” For the last four years, I’ve volunteered as a restorative conferencing facilitator with a local community organisation. As a part of that work, I now ‘mentor’ new facilitators. Inevitably, I get questions like the ones listed above. It’s always interesting to see the focus of new volunteers as they go through pre-conferences.

Lynette Parker: Listening to stories

“You don’t know what it means to have a member of the community listen to my story before making his decision.” One young man summed up his experience in a restorative conference with a community representative. Convicted of armed robbery, he had already served two years in prison and returned to his family when the conference took place. His statement reminded me of how powerful a restorative process can be.

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.

Bolitho, Jane. Creating space for young people, dialogue and decision making : youth justice conferencing in New South Wales Australia.

This study examines the process of Youth Justice Conferencing in New South Wales within the context of the theory and aims of the restorative justice movement. Analysis of relevant literature and theory suggests that restorative justice is a broad and encompassing movement that entails a decision making process where victims, communities and offenders come together in a joint response to an offence. Although this breadth has allowed and encouraged a proliferation of programs that respond to particular needs and particular demands of culture and social context, the consequence is that both understandings and practices of restorative justices are variable. When theoretical understandings are so varied there will necessarily be a lack of commonality in the way principles are articulated. If practice is not linked directly to principled theory it is inevitable that processes will be vulnerable at all levels to the interaction between context, situations and participant characteristics that may easily deflect the focus from the true purpose of restorative justice. This thesis attempts to clarify the restorative principles relevant to the NSW program with reference to Braithwaite and Pettit’s republican theory (1990) and their notion of dominion. In turn these principles are used to identify five practical elements to be used as a framework to guide youth conferences. Such a framework highlights potential areas for improvement in conference preparation and practice. A case study approach was used to collect data and involved the observation of eighty five Youth Justice Conferences in three New South Wales conferencing regions. As well, one hundred and fifty two currently practising Youth Justice Conferencing practitioners (Police, Conveners, Managers) in New South Wales completed a mail out questionnaire. Findings from the study suggest that conference processes are influenced by the presence or absence of five particular elements: the attendance of victims, the attendance of communities, the attendance of offender support, reparation to victims, communities and offenders and the experience of non-domination during the conference space. However, findings also suggest that ‘situational’ factors may mediate these key elements to enhance or compromise the overall process. This thesis suggests that many of the issues arising in NSW conferences result from the failure to articulate the links between restorative justice theory and practice. While in NSW such links may intentionally have been unarticulated in order to encourage a freedom within the process, in reality the lack of clarification has led to a freedom in discretion that sometimes diminishes the chance of success. Therefore it proposes the need for a more articulated translation of theory into principles that will in turn frame practice. In this way the thesis uses the normative theory proposed by Braithwaite and Pettit (1990) to provide an explanatory and ideal framework for best practice in NSW Youth Justice Conferencing. (author's abstract)

FGDM Guidelines Committee. Guidelines for Family Group Decision Making in Child Welfare.

These guidelines address family group decision making as a critical practice within child welfare agencies and community-based agencies that work with public child welfare systems. In developing these guidelines, American Humane recognizes that standing alone, FGDM cannot result in better outcomes for children and families. Other parts of the child welfare system must change in ways that are consistent with the principles stated above. FGDM cannot simply be “added” to child welfare services — the principles, philosophy and practice approach must be integrated throughout the child welfare system to improve the safety, permanency and well-being outcomes for children and the well-being of families. (excerpt)

Hayes, Sharon and Hayes, Hennessey. Developing Ethical Identities in Young Offenders through Restorative Justice Practice in Australia.

Restorative justice is firmly established in Australian juvenile justice. While the official language used to describe restorative initiatives varies across states and territories, the most common form is a meeting or conference between young offenders and their victims (most commonly known as a family group or youth justice conference). During the past decade, an impressive amount of empirical research has examined how the restorative justice process affects offenders, victims and other participants (such as supporters for young offenders and victims). Results from this line of research are remarkably consistent and show that participants generally regard restorative conferences as procedurally fair and that they are satisfied with the outcomes (eg what young offenders agree to do to make up for their offending behaviour, such as offer a sincere apology or perform work for the victim or the community). What is less common, however, is the perception among participants that restorative conferences achieve the key aim of restoration. By ‘restoration’ we refer to encounters where ‘offenders apologise, their apologies are accepted, victims offer forgiveness, and conferences conclude with a feeling of mutual good will’. This research asks why this is so, and proposes that restoration and the development of ethical identities in young offenders is more difficult to achieve in a conference process that relies on traditional governing practices. (excerpt)

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)

Rodogno, Raffaele . Shame and Guilt in Restorative Justice.

In this article, I examine the relevance and desirability of shame and guilt to restorative justice conferences. I argue that a careful study of the psychology of shame and guilt reveals that both emotions possess traits that can be desirable and traits that can be undesirable for restoration. More in particular, having presented the aims of restorative justice, the importance of face-to-face conferences in reaching these aims, the emotional dynamics that take place within such conferences, and the relevant parts of the empirical psychology of shame and guilt, I argue that restorative justice practitioners have to take account of a rather more complex picture than it had hitherto been thought. Restorative conferences are not simply about "shame management," though practitioners must certainly avoid shaming and humiliation. Given the nature of shame, guilt, and restorative conferences, it is not possible to provide a single concrete precept applicable to all restorative conferences. The successful holding of conferences depends in large part on the cultural and situational specificities at hand. The latter include among others knowledge of the perceived relations standing between victim and offender as well as the affective specificities of the individuals involved. (excerpt)

Rossner, Meredith. "Long Term Effects of Restorative Justice Conferencing: Do Emotional Dynamics Influence Offending?"

The following analysis examines how within-conference variation affects long-term outcomes, specifically reoffending. In particular, I focus on the emotional, micro-dynamics of interaction, as outlined in Collins’ (2004) Microsociological theory of Interaction Ritual Chains. Using multivariate analysis from a large dataset of observed restorative justice conference as well as in depth discourse analysis of specific interactions, I argue that rhythmic entrainment and conversational balance lead to high-solidarity conference, which may influence offending rates post conference. The results speak both to the burgeoning field of the criminology of emotions, as well as theory and research in restorative justice. (Author's abstract)

Kenney, J. Scott and Clairmont, Don. Using the Victim Role as both Sword and Shield : The Interactional Dynamics of Restorative Justice Sessions.

Recently, criminal justice professionals have advocated restorative justice as an alternative to traditional punitive practices. Extant research has not examined the strategic interpersonal dynamics between victims, offenders, supporters, and facilitators during restorative justice sessions. Our ethnographic study addresses this gap. Building on studies of emotion in reintegrative shaming, we explore how shaming emotions are dramaturgically mediated by the rhetorical use of victim roles. We suggest that this micropolitical shame management facilitates apparently meaningful outcomes, undermines them, or results in agreements based more on realpolitik than reintegration. Our data are derived from detailed field notes at 28 youth restorative justice sessions in a mid-sized Canadian city. Our findings reveal a different picture than the frequently idealized images of restorative justice, thus underscoring the need for further analysis in this important area of criminal justice. (author's abstract)

Harris, Nathan. Mapping the adoption of Family Group Conferencing in Australian States and Territories.

Family Group Conferences were first legislated for in New Zealand in 1989 and since that time have captured the imagination of professionals and academics throughout the world with their capacity to involve families and communities in a collaborative approach to addressing child welfare concerns. Child protection systems in Australia, as in many other countries, have subsequently introduced conferencing programs. The first trial in Australia was initiated in Victoria in 1992 by a non-government agency (Ban, 1996), and trials in other states soon followed. Fifteen years later, a question worth asking is to what extent conferencing has become part of child protection practice in Australia’s states and territories. Child protection policy is under state jurisdiction in Australia, which means that adoption of an innovation like conferencing is likely to vary widely. This diversity is explored in this report through the available literature on conferencing programs, but also draws on interviews with practitioners in each state and territory. (excerpt)

Holland, Sally and Rivett, Mark. ‘Everyone Started Shouting’: Making Connections between the Process of Family Group Conferences and Family Therapy Practice.

This article presents findings from a qualitative study of family group conferences (FGCs) in Wales, UK. The study examined the process of seventeen FGCs involving twenty-five young people, using semi-structured interviews, analysis of documents and collection of data on welfare outcomes. Young people were re-interviewed after six months. The article focuses on the data concerning reported communications between family members during the family meetings. These data are discussed in relation to similarities and differences between FGCs and family therapy sessions. The authors conclude that each method of intervention presents potential lessons and challenges to the other. FGC co-ordinators might wish to reflect on how to manage and prepare family members for the potential for expressions of emotion and disclosures of confidential information that might arise in a family meeting. Family therapy has a long history of successfully working with such processes. Additionally, family therapists may wish to reflect on the successful management of intra-familiar conflict and disclosure by many families acting without a therapist or other professional present in a FGC. (author's abstract)

Smith, Sara. Restorative Justice: A Study of A Dispute Resolution Program.

The following presentation reflects the results of a qualitative study of a Dispute Resolution Program, Prince William County’s Restorative Justice Program, conducted by Sarah M. Smith through The George Washington University. The program is administered in conjunction with the 31st Judicial District Circuit Court and handles first-time juvenile offenders aged 9 to 17 charged with felonies or misdemeanours. Participants in the program are selected by judges, probation officers, or law enforcement officers as either a diversion from court or in addition to court adjudication: approximately 90% are diverted and 10% are selected by a judge. The purpose of the program is to repair the harm caused by crime through the participation of involved parties in an open, safe environment where the crime and its effects can be discussed. The program curriculum consists of an Orientation, Victim Impact Program sessions, and an Accountability Conference, if the victim agrees to participate. This study does not examine recidivism or satisfaction ratings but, rather, attempts to understand the process of restorative justice in the context of its supporting theory, linking theory to practice. The study examines how program staff encourage open and honest communication, empathic and sympathetic orientations in victims and offenders, and non-criminal, prosocial attitudes and behaviours by offenders, the purported benefits of restorative justice. In addition, empirical evidence generated by this study is used to analyze the utility of post-modern theoretical perspectives, principally ideas advanced by Foucault and Lyotard, to inform a model of restorative justice.