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Mediation of Victim Offender Conflict

NCJ Number
114764
Journal
Journal of Dispute Resolution Volume: 1988 Dated: (1988) Pages: 85-105
Author(s)
M S Umbreit
Date Published
1988
Length
21 pages
Annotation
This article describes mediation processes in offender-victim conflicts, compares them with processes in other types of mediation, and evaluates client satisfaction in a Minnesota program.
Abstract
The primary goal of victim-offender mediation and reconciliation programs is to provide a resolution process that is perceived as fair by both parties. The process is facilitated by addressing informational and emotional needs, discussing losses, and developing a mutually acceptable restitution obligation (e.g., money, work for the victim or the victim's chosen charity). The process includes an intake phase, a preparatory phase, mediation, and followup. Mediation may use an empowering style that emphasizes direct, face-to-face communication between victim and offender, discussion of the entire context of the conflict, and sharing of emotions and personal information; or a controlling style that defines issues more narrowly, includes more mediator input, and focuses on reaching a restitution agreement. Every attempt should be made to employ an empowering style, although many cases will require a combination of styles. During 1985-1986, 183 offenders and 179 victims were referred to a mediation program in the Minneapolis/St. Paul area. Of these, 54 percent of victims and 64 percent of offenders participated, and 128 restitution agreements were negotiated. Agreements were successfully completed in 79 percent of cases. This resulted in monetary restitutions totaling $11,376, charitable contributions of $90, 127 hours of personal service to victims, and 489 hours of community service. Victims expressed very high levels of satisfaction with the program, finding mediation fair and helpful in terms of punishment of the offender, compensation, and offender rehabilitation. A small sample of offenders surveyed also expressed satisfaction with their participation. 4 tables and 24 footnotes.