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Restorative Justice: Victim/Offender Mediation


Following several other Canadian initiatives, the first United States program was launched in Elkhart, Indiana in 1978. From there it has spread throughout United States and Europe. There are more than 300 victim offender mediation programs in North America, and over 500 in Europe. Research on such programs has found higher satisfaction among victims and offenders who participated in mediation, lower fear among victims, a greater likelihood that the offender will complete a restitution obligation, and fewer offenders committing new offences, than among those who went through the normal court process. In 1997 The American Bar Association endorsed victim offender mediation and recommends its development in all courts throughout the country. .
             Victim offender mediation is not appropriate for all crimes. In all cases it must be presented as a voluntary choice to the victim. With more than twenty years of mediating many thousands of cases throughout North America, experience has shown that the majority of victims presented with the option of mediation choose to enter the process. In victim offender mediation, the involved parties are not "disputants". One has clearly committed a criminal offense and has admitted doing so. The other has clearly been victimized. Therefore, the issue of guilt or innocence is not meditated. While many other types of mediation are largely "Settlement driven," victim offender meditation is primarily "dialogue driven," with the emphasis upon victim healing, offender accountability, and restoration of losses. Most victim offender mediation sessions (frequently over 95%) do in fact result in a signed restitution agreement. Research has consistently found that the restitution agreement is less important to crime victims than the opportunity to talk directly with the offender about how they felt about the crime. .
             The basic focus of the initial contact for a victim offender mediation is to convey the communities commitment to responding to the crime in ways that hold the offender accountable for harms done and that are meaningful to the victim.


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