Restorative Justice and Healthcare Chris Marshall Diana Unwin Chair in Restorative Justice, Victoria University of Wellington

Introduction “Sponsored Chairs” Mounting interest of Governments Migration of principles into other areas of social life A natural affinity with healthcare

Some Related Initiatives a.Elder care b.Mental Health Courts  Voluntary participation  Non-adversarial approach  Repair not punishment  Emphasis on prevention  Climate of respect c.Dealing with trauma and PTSD  “Hurt people hurt people”  Circle processes d.Hospitals as ‘restorative organisations’

What is Restorative Justice? Restorative justice is a process whereby all the parties with a stake in a particular offence or conflict come together, in a safe and controlled environment, with trained facilitators, to share their feelings and opinions about what happened truthfully and resolve together how best to promote repair and bring about positive changes for all involved.

An “offence or conflict” Born of criminal parentage Principles transferable Use for complaints and interpersonal conflicts Intentional wrongdoing or culpable negligence Unintentional harm or mutual grievances  Quasi-judicial investigation & adjudication?  Mediation? RJ as a distinctive “third way”?

A Relational Understanding of Justice  Persons are constituted by relationships  We are formed, informed, sometimes deformed, always reformed by quality of our relationships  Common features of conflict:  Always involves moral judgment  Always a relational reality  Always involves integrated human beings

“Justice needs”:  Safety  Information  Accountability  Acknowledgement  Voice  Empowerment  Apology  Restitution  Reconnection  Prevention  Hope  Healing

Investigation & resolution processes can cause additional harms An example: Insensitivity Lack of compassion Little understanding of grieving process Professional incompetence Not passing on crucial information Minimizing the harm Evading responsibility Humiliating or degrading treatment = experience of profound disrespect

Restorative Interventions: Characteristic Features i. Aims for a facilitated, respectful conversation between primary parties  Agreed ground rules  Skilled facilitator ii.Is entirely voluntary iii.Involves careful preparation iv.Includes everyone for whom the issue matters

v. Focuses on harms and needs What happened? What information do you still need? How have you been affected? How can the harm be repaired? What will prevent it happening again? vi. Gives full opportunity for storytelling?

vii. Clarifies accountabilities Situations of demonstrable wrongdoing Situations of mutual hurt Situations of professional or institutional misjudgment Distributed responsibilities? Lack of intention? Legal liability versus moral responsibility? Deed versus prevention? Protecting colleagues?

viii. Empowers parties to reach resolution Emotional & moral outcomes Material outcomes Preventative outcomes Conclusion