Victim-Offender Mediation

Restorative Justice Paradigm

In restorative justice, primary attention is paid to helping the victim and altering the negative relationship between the victim and offender. The community is obligated to assist this process. The offender must take personal responsibility for the crime in order for victim-offender mediation to take place. Neither party should be coerced into mediation; the process should be voluntary. By meeting, victim and offender have the opportunity to tell their story about the crime and its impact on their lives and to listen to the other. Then they directly negotiate an agreement. If no agreement is reached the case will return to the regular adversarial justice system.

Mediation Programs

Victim-offender mediation programs are housed in a variety of settings: community justice centers, sheriff's offices, prosecutor's offices, and courts. Both juvenile and adult cases are resolved by victim-offender mediation. Many tribal governments and courts now house such programs in Native American communities, where mediations take on powerful religious and cultural connotations for the participants. Volunteer mediators from the community are an important component of most programs. This component allows citizens to directly help others resolve conflicts without depending only on formal justice practices of the courts.

How Cases Are Mediated

Preparation for the mediation is critical to its success. Either the victim or the offender can initiate the process by contacting a mediation program. A mediator will interview each party, explaining the process. If both parties wish to take part, the mediator helps each prepare to tell his or her story and to communicate effectively with the other party. Decisions are made regarding who will be allowed to attend the mediation session and where and when it will be held.

Usually the session is held in a quiet, private, neutral setting. The session is facilitated by the mediator, but the parties themselves are responsible for fashioning the agreement, which is written and signed by both. If the parties cannot reach an agreement, the mediation ends. Generally, however, agreement is reached. The program then monitors the agreement for compliance and arranges followup meetings if necessary.

Risks and Benefits of Victim-Offender Mediation

If offenders engage in mediation, they must give up their protection from self-incrimination by admitting their responsibility for their crime. The government no longer is forced to prove its case against them in court. There is also risk that no acceptable agreement may result from the mediation. Unless specified prior to the mediation, there is no assurance that the court will not continue to prosecute the case as a criminal or delinquent matter, regardless of whether the mediation is successful. Finally, it may be most unpleasant for the offender to hear what the victim has to say during mediation.

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