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Victim-Offender Mediation

NCJ Number
140741
Journal
Research Bulletin Issue: 30 Dated: (1991) Pages: 9-15
Author(s)
T F Marshall
Date Published
1991
Length
7 pages
Annotation
Findings of Home Office research on victim-offender mediation, particularly reparation schemes, are summarized, with mediation viewed as one way of humanizing justice.
Abstract
Reparation schemes employing victim-offender mediation were first introduced in England at the end of the 1970's; 14 such schemes operated in widely scattered localities by 1990. Mediation service has been provided by interagency projects, probation services, or voluntary organizations. Mediators include professional staff, usually trained in social work, and lay volunteers who have been specially trained. Mediating sessions generally have the following stages: opening statement by mediators; uninterrupted time for each party to speak; exchange in which both parties respond to each other's statements, ask questions, and provide information; reaching an agreement; and closing statement of mediators. The author contends that applying the idea of reparation to victim-offender mediation is inappropriate in two ways. First, reparation puts the emphasis on a particular end result which is up to the parties and not the mediator. Second, reparation tends to be identified with compensation, and a reparation scheme may be seen by some as simply an instrument for negotiating monetary payments. From the practitioner's point of view, the primary goal of mediation should be to provide an opportunity for parties (victim and offender) to participate directly in resolving a problem. In general, mediation provides a flexible and human approach to administering justice. Effects of mediation on offenders are noted, as well as benefits to victims. 5 references