Mediation

History and Overview

Criminal mediation has been used as an alternative to court proceedings since the 1970s, although other forms of mediation have been present in the United States since the early Native American tribal systems of justice. The use of mediation in the criminal setting is becoming increasingly common, as it provides for a judicial outlet for less serious criminal offenses, such as trespassing, vandalism, and minor assaults, and can be used during a number of points in the life of a criminal case. Limits on access to traditional processes of justice because of court backlogs and court costs have contributed to the increase and development of mediation programs in the United States. In addition, increased participation in mediation can be attributed to the appeal of an informal setting used to discuss the needs of the victim, the offender, and the community.

Two basic types of mediation exist in the United States. The first is government-sponsored programs that are typically classified as victim-offender mediation (VOM) programs and are operated by justice system agencies, such as police departments, courts, and correctional agencies. The second type of criminal mediation program in the United States is community-based programs, which are sponsored by nonprofit organizations. These programs receive case referrals through walk-ins, justice system agencies, and other governmental agencies. One prominent distinction between VOM and community mediation programs is that community mediation deals primarily with conflicts among acquaintances, whereas VOM typically resolves conflicts among strangers. Both forms of mediation emerged around the same time period and at similar rates; however, these two areas of mediation have since grown into independent processes.

Victim-Offender Mediation

The first form of mediation to be discussed, victim-offender mediation (VOM), is the less well known of the two, despite the fact that there are nearly 300 VOM programs in the United States. The VOM process typically begins with offenders who admit guilt prior to the mediation session and victims who are not responsible for the offense. Thus, the primary purpose of VOM is not to resolve disputes but to allow victims the opportunity for an open dialogue with the offender. During this process, victims are encouraged to question the offender directly about the offense, as well as to express their emotions and concerns.

The majority of cases referred to VOM are misdemeanors, the most common being vandalism, minor assault, theft, and burglary cases. Although reaching an agreement is not the primary goal in resolving these cases, approximately 95 percent of VOM sessions result in an agreement, and those who participate are more likely to express satisfaction and fairness with the process than similar counterparts who go through the traditional justice process. Furthermore, researchers suggest that recidivism rates of offenders who participate in VOM are lower than those of offenders who do not participate.

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