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Avoiding the Marginalization and "McDonaldization" of Victim-Offender Mediation: A Case Study in Moving Toward the Mainstream (From Restorative Juvenile Justice: Repairing the Harm of Youth Crime, P 213-234, 1999, Gordon Bazemore and Lode Walgrave, eds. -- See NCJ-181924)

NCJ Number
181932
Author(s)
Mark S. Umbreit
Date Published
1999
Length
22 pages
Annotation
This analysis of victim-offender mediation (VOM) focuses on its linkage with restorative justice, the nature of the mediation process, the international expansion of the process, research findings, potential opportunities and problems for victim-offender mediation, and criteria to determine whether mediation uses restorative justice principles.
Abstract
The VOM process differs markedly across programs on the basis of referral source, diversion versus post-adjudication referral, the use of volunteer mediators, and other factors. Most VOM programs in the United States, Canada, and Europe use a basic case management process that has four phases: case referral and intake, preparation for mediation, conducting the mediation session, and follow-up. Research findings on VOM are generally encouraging and also indicate that the VOM process has a strong effect in humanizing the justice system response to crime for both victims and juvenile offenders. VOM is likely to grow. However, it requires a fundamental shift in power, as well as efforts to overcoming the stereotype that it applies only to low-level cases and to confront the media glorification of the current retributive justice process. Potential dangers include the bypassing of some steps, an exclusive focus on restitution determination and payment, and other issues. Finally, VOM programs need to follow eight guidelines to ensure that they reflect the principles of restorative justice. Tables and 2 references