comparing victim offender mediation and restorative conferences. tim chapman
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III Jornada de Justícia Restaurativa Centre d'Estudis Jurídics i Formació Especialitzada, 18 de març de 2014TRANSCRIPT
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Tim Chapman
University of Ulster
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* Latin Mediare – to be in the middle or centre
* An intervention designed to bring about a settlement or compromise between people in dispute.
* Latin Conferre – to bring together: ferre means to carry
* A meeting bringing together people with a common interest in restoring what has been violated, lost or damaged by an injustice.
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Victim Offender Narrative Family Group Restorative RestorativeMediation Mediation Conferences Conferences Circles
The critical importance of context and culture
Script orNarrative Model
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Community system* Community Restorative Justice Ireland* Alternatives NISchool systemChildren’s Services* Family Group Conferences* Children’s UnitsState system* Low risk – Police restorative cautioning * Medium risk – Public Prosecution Service referral for diversionary conference by
Youth Conference Service* High risk – Youth Court referral by Youth Conference Service* Priority young offenders programme* Probation Service* Prison Service – rehabilitation and resettlement
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*Statutory since 2003
*Mainstream within the youth justice system
*Prosecution referred
*Youth court referred
*Offenders and victims decide
*All offences other than those with a mandatory sentence
*Referrals and ratification by PPS or Youth Court
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*15,000 youth conferences since 2003High victim participation90%+ victim satisfactionHigh completion rate (95%)
*Reoffending rates (2008) within one year:Custody – 68.3%Community based disposals – 53.5%Youth Conference Orders – 45.4%Diversionary conference plans – 29.5%
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Harm
Community
Person responsible for harm Injured party
Community safety and reintegration
Reducing risk and working towards a better life
Accountability, protection and repairing the harm
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* Focus on crime as a conflict between two people which should be settled privately.
* Focus on crime as harm and the aim of reducing suffering and preventing further suffering. Recognises the ‘ripple’ effect of harm on others and that harm has a social context and public significance. Draws on criminological theory – stigma, desistance, reintegration.
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* The key parties are the offender and the victim
* Key parties include the offender, the victim and the community and each party’s community of support. Does not always include the direct victim
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* Preparation – explanation of the process, consent, clarifying positions and expectations.
* Meeting – not always necessary or desirable. * establishment of ground rules framing the
boundaries of mediation* parties detail their stories* identification of issues* clarify and detail respective interests and
objectives* search for objective criteria* identify options* discuss and analyze solutions* adjust and refine proposed solutions* record agreement in writing* Ratification and Review
* Preparation - High priority given to preparation. Focus on the harm and “Thickening the Story”. truth. Truth is both forensic and narrative. Attention to emotions, needs, questions and requests.
* Conference – Face to face desirable.* Ground rules and statement of facts* Person responsible for harm makes self
accountable to the persons whom they have harmed.
* This means the parties’ stories are questions are critical. Inquiry into empathy, remorse and connection.
* Dialogue mat transform the truth, identify and clarify needs and generate agreed actions.
* Ratification * Supervision and support
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* Conflict is normal and the mediator is morally neutral about it and impartial towards the parties.
* But also proactive and strategic in negotiating a settlement.
* The mediator is ‘in the middle’.
* Openly against harm and the suffering it causes.
* The person is not the problem; the problem is the problem.
* On everyone’s side. Everyone’s needs must be met.
* The process enables the parties to have their needs met.
* The facilitator should ‘get out of the way’ and trust the process.
* The harm is ‘in the middle’.
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* A resolution to the conflict which is satisfactory to the parties and in some cases the court.
* An agreed plan to address the consequences and the causes of the harm which is satisfactory to all parties and to the public, prosecutor or the court.
* Victim satisfaction and reduced reoffending
* Civic culture of respect and responsibility
* Greater social cohesion
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Thank you