adr 2 Flashcards
what are the goals of restorative justice
- support victims
- repair relationships
- denounce criminal behaviour
- encourage responsibility
- identify restorative, forward looking outcomes
- reducing recidivism
- identifying factors that lead to crime
how does RJ support victims
gives them a voice, encourages them to support their needs, enables them to participate in the resolution process
how does RJ reduce recidivism
by encouraging change in individual offenders and facilitating their reintegration into the community
are victims who agree to be involved in RJ usually satisfied?
si
what do offenders understand
how their action has affected the victim and other people, assume responsibility for the consequences of their action and commit to making reparation
what do offenders live up to
their commitment to repair the harm done and attempt to address the factors that led to their behaviour
what do measures agreed upon by the parties emphasize?
repairing the harm done
critical ingredients for RJ
- identifiable victim
- voluntary participation by victim
- offender who accepts responsibility for their criminal behaviour
- non coerced participation of the offender
what is RJ characterized by
- respectful treatment of all parties
- promotes participation and empowerment of parties
- clear and predictable, yet flexible and responsive to individual circumstances of each case
- consensual outcomes over imposed ones
- eliciting a genuine commitment from the parties to live up to the agreement
what is the kitchener experiment
- toxic teens went on vandalism spree in ontario
- frustrated by usual punishment paradigm, a probation officer asked “wouldnt it be neat for these offenders to meet the victims?”
process of ADR
- acknowledgment of the wrong (facts discussed)
- sharing and understanding of the harmful effects (feelings expressed)
- agreement on terms of reparation (reparation agreed)
- reaching an understanding about future behaviour (reform implemented)
standard for mediation practice
- mediators establish ground rules (remain seated, do not interrupt, do not use abusive language)
- mediators make notification of confidentiality
- mediators describe consequences if mediation fails
- parties give their version of dispute without interruption
- parties participate in general discussion
- mediator encourages parties to make an agreement about their future conduct
what are the consequences if mediation fails
return to court for adjudication or to arbitrator
should mediators make suggestions?
should not make suggestions unless negotiations are stuck
what are mediators trained to do
use listening skills, summarize what participants say, identify points of agreement and encourage further discussion
