Restorative Justice and Healthcare

Chris MarshallDiana Unwin Chair in Restorative Justice,

Victoria University of Wellington

Introduction

• “Sponsored Chairs”

• Mounting interest of Governments

• Migration of principles into other areas of

social life

• A natural affinity with healthcare

Some Related Initiatives

a. Elder care

b. Mental Health Courts Voluntary participation

Non-adversarial approach

Repair not punishment

Emphasis on prevention

Climate of respect

c. Dealing with trauma and PTSD “Hurt people hurt people” Circle processes

d. Hospitals as ‘restorative organisations’

What is Restorative Justice?

Restorative justice is a process whereby all the

parties with a stake in a particular offence or conflict

come together, in a safe and controlled

environment, with trained facilitators, to share their

feelings and opinions about what happened

truthfully and resolve together how best to promote

repair and bring about positive changes for all

involved.

• An “offence or conflict”

• Born of criminal parentage

• Principles transferable

• Use for complaints and interpersonal conflicts

• Intentional wrongdoing or culpable negligence

• Unintentional harm or mutual grievances

Quasi-judicial investigation & adjudication?

Mediation?

• RJ as a distinctive “third way”?

A Relational Understanding of Justice

Persons are constituted by relationships

We are formed, informed, sometimes deformed, always reformed by quality of our relationships

Common features of conflict:

Always involves moral judgment Always a relational reality Always involves integrated human beings

“Justice needs”:

Safety Information Accountability Acknowledgement Voice Empowerment Apology Restitution Reconnection Prevention Hope Healing

Investigation & resolution processes can cause additional harms

An example:• Insensitivity• Lack of compassion• Little understanding of grieving process• Professional incompetence• Not passing on crucial information• Minimizing the harm• Evading responsibility• Humiliating or degrading treatment

= experience of profound disrespect

Restorative Interventions: Characteristic Features

i. Aims for a facilitated, respectful conversation between primary parties

Agreed ground rules Skilled facilitator

ii. Is entirely voluntary

iii. Involves careful preparation

iv. Includes everyone for whom the issue matters

v. Focuses on harms and needs

• What happened?

• What information do you still need?

• How have you been affected?

• How can the harm be repaired?

• What will prevent it happening again?

vi. Gives full opportunity for storytelling?

vii. Clarifies accountabilities

• Situations of demonstrable wrongdoing

• Situations of mutual hurt

• Situations of professional or institutional misjudgment

• Distributed responsibilities?

• Lack of intention?

• Legal liability versus moral responsibility?

• Deed versus prevention?

• Protecting colleagues?

viii. Empowers parties to reach resolution

• Emotional & moral outcomes

• Material outcomes

• Preventative outcomes

Conclusion