Restorative Dialogue

What happens during restorative processes? These articles discuss victim offender mediation, conferencing, circles and other processes.

Boyes-Watson, Carolyn. Seeds of Change: Using Peacemaking Circles to Build a Village for Every Child

Roca, Inc., a grassroots human development and community organization, has adopted the peacemaking circle as a tool in its relationship building with youth, communities, and formal systems. Circles are a method of communication derived from aboriginal and native traditions. In Massachusetts, the Department of Social Services and the Department of Youth Services are exploring the application of the circle in programming with youth and families. By providing a consistent structure for open, democratic communication, peacemaking circles enhance the formation of positive relationships in families, communities, and systems. The outcome is a stronger community with greater unity across truly diverse participants. This article presents the theory and practice of peacemaking circles, the lessons and challenges of implementing circles in formal organizations, and the potential of the circle to support a strengths-based and community-based approach to child welfare. Author's abstract.

Claassen, Ron. "What Is Forgiveness?"

This is one in a series of papers on basic principles of restorative justice. Claassen claims that the biblical notion of forgiveness, which is a process, involves three key elements: recognizing the injustice (confession); restoring the equity (atonement); and clarifying future intentions (repentance).

Friesen, Krista. Beyond punishment: Moving towards the application of conciliatory justice in the Canadian context.

Contending that the conventional criminal justice system inadequately deals with the results of crime, and even adds to the damage inflicted by crime, Friesen urges an alternative system of justice. In contrast to what she sees as the adversarial, retributive character of conventional justice, she proposes restorative justice as a better alternative. Friesen sketches theoretical underpinnings for both conventional criminal justice and restorative justice. Her emphasis is on facilitated discussion or mediation between victim and offender. As examples she looks at truth and reconciliation commissions in response to violence in various countries. Her aim is to develop a model of mediation that can be applied successfully in a Canadian context.

Gehm, John R. Victim-Offender Mediation Programs: An Exploration of Practice and Theoretical Frameworks

Victim-offender mediation programs--structured encounters centered around a face-to-face meeting between crime victim and offender--have been the subject of modest but increasing attention. Although considerable variation exists across programs, the common element is a direct voluntary encounter between crime victim and offender. This paper explores what is known from victim-offender mediation research as well as related literature about victim willingness to participate in such meetings and its significance for criminal justice practice. An exploratory framework is suggested, drawing from restorative justice, equity theory, and narrative theory to stimulate further investigation of this area. Specific research questions and their implications for future research are identified

Gutman, Judy. The Role of Victim-Offender Mediation in Intra-Familial Child Sexual Abuse Cases

The thesis of this paper is that victim-offender mediation should be included in the criminal process, in intra-familial CSA cases prosecuted when the victim is a child and the offender is an adult. Victim-offender mediation, in this unique kind of case, can address deficiencies in the current system. It can provide a simple mechanism for victims to describe the abuse experience and its ramifications to the offender. It can enable victims and offenders to accept that the abuse was not the victim’s fault and for offenders to acknowledge responsibility for the abuse. This acknowledgement can open the door to the offender’s general re-integration into society and may also reduce recidivism. Mediation may also pave the way for reconciliation between victim and offender. (excerpt)

John Braithwaite video introduction to restorative justice

John Braithwaite is a leader in restorative justice (and in many other fields). He teaches at Australian National University which has now posted an 18 minute video in which he explains the basic theories and applications of restorative justice. It is well done, and is presented in segments, which means it can be used in whole or in part.

Kuzelewski, Dariusz. Victim-offender mediation: an institution of the postindustrial society

Victim – offender mediation has a chance to adapt criminal trial to the reality of the third wave civilization.

McRae, Jill. The Razor's Edge: Fostering Adaptive Change in Restorative Justice

This paper draws on my involvement in a form of restorative justice that entails conferences for juvenile offenders. Thanks to an appointment as a convenor, it is my job to organise and to run conferences where young offenders make a full and frank apology. They do this in the presence of the victim, the victim's family, and their own. In this paper, I look in detail at the responsibilities of leadership before and during the conference. In particular, the paper explores the character of authority, both formal and informal, notably at how these provide discrete frameworks of support, each with its own rules and purpose. I note that it is under the rubric of informal authority, for example, that stakeholders undertake the difficult work of changing their mindset. They bring to the conference certain expectations, some ill placed because they are predicated on a inappropriate dependency. I look at how convenors might identify the real nature of the adaptive challenges faced by stakeholders -be they victims, offenders or respective families -by taking particular note of avoidance and what it signifies. I look at dependencies that are appropriate, and those that are not. All stakeholders bring expectations, some that are doomed to remain unmet, some met in other ways. I look at how the matrix linking convenor and informal authority makes it possible to choose which expectations might appropriately be met, and how, as well as those we are better advised to disappoint, or re-direct. The paper notices how important it is for those with the role of leader and facilitator to allocate time and opportunity within due process, for it is when new learning takes place that we change for the better. Furthermore, the paper looks at how stakeholders adapt to the demands of the conference in a way that encourages them to be intact and more capable. Listening to others tell their story is a chance to re-evaluate, most notably feelings and attitudes. (excerpt)

Menkel-Meadow, Carrie J. Remembrance of Things Past? The Relationship of Past to Future in Pursuing Justice in Mediation

Often, much of the emphasis in mediation and conflict resolution focuses on moving forward, on future-oriented thinking and feeling. However, asks Carrie Menkel-Meadow, what must be remembered and acknowledged before people or parties in conflict can move forward to create a future together? Similarly, to borrow from Avishai Margalit, is there an ethics of memory? Menkel-Meadow expresses her concern about the role of the past in achieving justice in conflicts such as divorce, commerce, employment, crime, and more. Hence, in this article she seeks to explore some of the issues and tensions in the role of temporality in achieving justice through meditative processes.

Sawatsky, Jarem.. A JustPeace Ethic- dancing our way back to humanity: Finding the creative space where conflict transformation and restorative justice meet together.

In this paper, Sawatsky investigates the relationships between restorative justice and conflict transformation, with particular reference to their values and guiding principles. Finding significant commonality between them, he contrasts the values and principles of restorative justice and conflict transformation with modern enlightenment philosophy. His purpose is to weave those values and principles into a 'JustPeace Ethic.' In the first part of the paper, he focuses on basic tenets of enlightenment philosophy in relation to restorative justice and conflict transformation. In the second part he seeks to develop the guiding principles of a 'JustPeace Ethic' with an emphasis on shalom.

Umbreit, Mark S and Burns, Heather. Humanistic Mediation: Peacemaking Grounded in Core Social Work Values

Conflict between individuals and groups can be highly toxic and destructive, write Mark Umbreit and Heather Burns. Yet if addressed effectively, conflict can spur interpersonal and organizational growth and renewal. In that conflict between individuals and groups can often be addressed effectively with the aid of an impartial third party, social workers skilled in mediation are increasingly being called upon to provide this service in a variety of settings. In this paper Umbreit and Burns seek an approach to mediation grounded in social work theory and practice rather than in legal principles and processes. They term this humanistic mediation. They connect the client-centered, dialogue-driven practice of humanistic mediation with the transformative or healing aspects of social work practice.

Warner Roberts, Annie. Is Restorative Justice Tied to Specific Models of Practice?

The restorative justice movement has expanded significantly since its informal beginnings in victim-offender reconciliation programs in Canada in the 1970s. As Ann Warner Roberts observes, this growth has led to increasing and almost bewildering numbers and varieties of techniques, models, practices, frameworks, and theories. While it arose in and was targeted toward the sphere of criminal justice, many have sought to expand it beyond criminal justice into justice for families, schools, neighborhoods, communities, and even countries. Roberts acknowledges that this growth in restorative justice is positive. Nevertheless, she also perceives a cost to the proliferation of ideas and practices – namely, restorative justice has become extremely amorphous. She fears that the core of restorative justice – “restorative dialogueâ€? between victims and offenders, with its underlying principles and values – is at risk of being marginalized. Hence, she sketches this one specific model of practice with which restorative justice began, traces the proliferation of ideas and models, and reemphasizes the centrality of restorative dialogue (with some variations) for restorative justice.

What is justice? State program brings victims and offenders face to face

Martha Early, a middle-aged single mother, and Andrew Papke, the chaplain's assistant, sit silently across from each other in the chapel, their hands clasped tightly across a wooden table. To Early's right sits a stack of pictures of her daughter Beth, killed -- along with her boyfriend, Daniel London -- by a teenage drunken driver in 1996. In front of her sits a well-worn binder bursting with colorful stationery and letters full of memories of Beth; she brought them to share with Andrew. Next to the binder is her Bible. Early gazes at Papke with a look of calm sadness, while Papke's head hangs solemnly. Seconds turn into minutes, and neither one moves. It seems as if the slightest murmur would send them back to earth, where they will be forced to communicate with words. Finally, Early squeezes Papke's hand. "I love you, Andrew," she whispers. "I love you, too," he answers hoarsely. Within moments, Papke's arms -- the very same arms that steered a car headlong into Beth Early -- are encircling her mother. After engaging in a brief hug, Martha Early gets ready to begin her three-hour drive back to Austin. Andrew returns to his prison cell at the Walls Unit in Huntsville, where he is serving 40 years for intoxication manslaughter.

Zehr, Howard. Journey to belonging

Howard Zehr in this paper explores what he calls the 'journey to belonging' for both victims of crime and offenders. He acknowledges that some may find it problematic and even offensive to address both 'journeys' at the same time, especially to the extent that it suggests there might be parallels or even intersections in the situations of and transitions for victims and offenders. Nevertheless, he believes both victims and offenders are on a journey, or a continuum, of life changes colored by crime and its aftermath. Underlying his topic and title ('Journey to Belonging') is the notion that alienation, belonging, and identity are central issues for victims and offenders in the wake of crime. Moreover, through the course of his paper, Zehr frames his exploration of these issues through the lenses of tragedy and trauma, experiences which encompass and yet go beyond what we normally refer to when we speak of crime and its effects.

“Humanistic” mediation: Another approach to manage and settle disputes?

from the entry by Christophe Imhoos on Kluwer Mediation Blog: ....Greek tragedy tends to express human pain and grief. So does mediation in a post-modern world that rejects feelings and emotions. Today politic does not address human needs: people move from an established to a negotiated order. This can be expressed through a ritualized practice, inspired from Greek tragedy that comprises the three following phases: