Victim-Offender Mediation: A Restorative Justice Approach
Victim-offender mediation is a voluntary process in which crime victims and offenders have the opportunity to meet together to talk about what happened. This helps victims by allowing them to explain how this incident affected their life, and giving them the chance to question the offender directly. For offenders, this is an opportunity to take responsibility for their actions, to be treated with fairness, and to begin to repair the harm they have caused. This program is a different kind of mediation and is based on a concept called restorative justice.
Restorative justice seeks the restoration of victims, offenders, and the community harmed by crime. In this approach, an offender must actively work to repair the harm they've caused, rather than passively receive their punishment. First, the harm is identified by discussing how the crime affected the victim(s). Secondly, a written agreement is created between the offender and the victim. These agreements often address apology, restitution, service work, and other actions that may be needed to repair the harm.
Depending on when the case is referred to mediation, the agreement can be in lieu of criminal prosecution, in addition to, or even long after the court process. This approach gives victims a measure of control over what happens with the offender and it can be an important step in the healing process. Many victims, although understandably nervous, want to talk directly to the offender. They are seeking answers to their questions. They are seeking fairness and respect.
Through mediation, restitution is more likely to be paid and sincere apology more likely to be made. Victim-offender mediation is a powerful way of holding offenders accountable in a cost-effective way, and it helps reduce recidivism. This is called being "smart on crime" and provides a better outcome for the whole community.
If you are interested in learning more about restorative justice or victim-offender mediation, please contact us for more information.