Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Dilemmas in Victim-Offender Mediation in Interpersonal Violence Cases Associate professor Lin Adrian, University of Copenhagen Reseacher Karin Sten Madsen, LOKK

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Factsheet Denmark Mediation defined and mediation principles Challenge 1: Mediator impartiality Challenge 2: Parties’ dialouge

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Factsheet: Denmark 1. RJ inside/outside the criminal justice system Victim-offender mediation is additional to criminal procedures but can have an impact on sentencing 2. Laws & regulations Law on victim-offender mediation since 2010 (LOV nr 467 af 12/06/2009) Denmark is not bound by the Victims Directive 3. Special organization in place Victim-offender mediation comes under the National Police 4. Main referrers Referrals by the police All kind of cases can be referred pre-and post trial – also cases of intimate partner violence

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Factsheet: Denmark 5. Professionals/lay persons Mediators are lay persons employed by the National Police 6. Training, specific for IPV One week´s basic training. No further training for cases of intimate partner violence 7. Number of cases per year About 50 cases

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Mediation defined “A voluntary and confidential method of resolving conflicts where, through a structured process, one or more impartial third parties assist the parties in reaching a solution by themselves to the problem which is mutually satisfactory. The mediator provides a framework and helps conduct the mediation, but makes no substantial suggestions or decisions in the case.“ Vibeke Vindeløv, Reflexive Mediation, 2012

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Mediation principles Dialogue is desirable Party self-determination Respect for all parties Confidentiality Voluntariness Mediator impartiality Process facilitation

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Challenge 1: Mediator impartiality “Mediators must at all times act, and endeavour to be seen to act, with impartiality towards the parties and be committed to serve all parties equally with respect to the process of mediation.” Section 2.2. European Code of Conduct for Mediators, 2004

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark “While violent behaviour should be condemned, generally facilitators should avoid opinions of right and wrong, good or bad, which may underline an affiliation to one party over another. This affiliation may create barriers to cooperation and engagement in change, and for some offenders, a restorative process is the first time that they feel treated with respect and without prejudice. Thus, impartiality is important.” Restorative Justice and Domestic Violence: A Guide for practitioners, January 2016

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark “There should be a clear affirmation of the norm by the mediator: violence is a criminal act and the offender is responsible for his (or her) aggressive behaviour.” “As specifically stated in the Victims’ Directive, all restorative justice services must follow basic principles to ensure the safety of its participants: Restorative justice services should have as a primary consideration the interests and needs of the victim, repairing the harm done to the victim and avoiding further harm.” Restorative Justice and Domestic Violence: A Guide for practitioners, January 2016

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark Challenge 2: Parties’ dialouge ”A shared inquiry aiming at letting everybody having voice and choice in conversations where decisions are not made in advance.” Kristiansen, M. & Bloch-Poulsen, J. (2016). Participatory hierarchies - a challenge in organizational action research. International Journal of Action Research (in press).

Restorative justice and domestic violence Challenges for implementation IGVM - Brussels Supported by the Criminal Justice Programme of the European Union Denmark The challenge of having a dialogue in cases of partner violence 1. Dining room patterns 2. Strong emotions 3. Different expectations