1. THE MEDIAION & DIALOGUE PROCESS: PHASES AND TASKS Mark Umbreit Center for Restorative Justice and Peacemaking School of Social Work, University of Minnesota

2. Purposes of Victim Offender Mediation and Dialogue 1. To provide a restorative conflict resolution process which actively involves victim and offender in repairing the emotional and material harm caused by a crime. 2. To provide an opportunity for victim and offender to discuss the offense, get answers, express feelings, and gain a greater sense of closure. 3. To provide an opportunity for victim and offender to develop a plan addressing the harm caused by the crime.

3. Potential Risks & Benefits: VICTIM OFFENDER MEDIATION & DIALOGUE VICTIM POTENTIAL RISKS 1. Bringing up uncomfortable feelings related to the victimization. 2. Re-experiencing the initial anxiety, trauma of related symptoms. 3. Learning painful new information about details related to the crime. 4. Not seeing the degree of desired remorse in the offender. 5. Unrealistic expectations in regard to the offender's rehabilitation.

4. Victim Potential Benefits 1. Expressing anger and pain directly to person responsible for it. 2. Learning new information about the crime that is needed. 3. Seeing remorse in the offender. 4. Experiencing a greater sense of closure. 5. Feeling more powerful and in control of one's life.

5. Offender Potential Risks 1. Re-experiencing anger, frustration, loss of control associated with committing the crime. 2. Reinforcement of shame and despair through learning the effects of the crime on the victim. 3. Unrealistic expectations about the victim's response (ability to work through their feelings, ability to accept offender as human being despite behavior) 4. Feeling vulnerable as a result of expressing some of their true feelings of shame about what they did, or about their life circumstances

6. Offender Potential Benefits 1. Learning the real impact of their behavior on others and moving beyond denial to taking responsibility. 2. Building self-esteem through taking action to make things right with their victim. 3. Having a chance to tell one's story, to represent oneself, to be heard. 4. Having a say in determining a plan for restitution. 5. Feeling more powerful and in control of one's life.

7. Basic Elements of Victim Offender Mediation & Dialogue Pre or Post Adjudication Referral Requires Admission of Guilt by Offender Offender Participation Should be as Non-Coercive as Possible Victim Participation Must be Voluntary!! Mediator Meets With Each Party Separately Before Date of Mediation Involves Face to Face Meeting (Unless this is not appropriate because of culture of parties)

8. Basic Elements of Victim Offender Mediation & Dialogue (continued) Empowers V/O to Resolve Conflict Through Dialogue & Mutual Aid Involves Neutral Trained Mediators (Usually community volunteers) Two Part Agenda: Discuss Facts / Feelings (Storytelling and dialogue) Develop Restitution Plan (Conflict resolution and closure)

9. Effective Listening Techniques Be Comfortable Physically Eliminate Distractions Make Eye Contact Watch Body Language Do Not Be Judgmental Ask Questions to Clarify Restate What You Understand is Being Said / Paraphrase Summarize Basic Viewpoints

10. Four Phases of Victim Offender Mediation Process TaskResponsibility 1. Intake PhaseStaff 2. Preparation for Mediation PhaseMediator 3. Mediation PhaseMediator 4. Follow-Up PhaseProgram Staff and / or Mediator

11. Preparation For Mediation Phase First: Call / Meet With Offender Listen to their story, explain process, secure consent to participate, and prepare for participation. Then: Call / Meet With Victim Listen to their story, explain process, secure consent to participate, and prepare for participation. Arrange and Schedule Mediation Session

12. Calling the Victim/Offender (First Contact by Mediator) Identify Yourself. Refer to the Letter Sent & the Program You Work With. Emphasize that this is a Program to Help the Victim and to Allow the Offender to Make Amends. Avoid Use of the Word “Reconciliation” or “Forgiveness” (Far Too Presumptuous). Primary Goal is to Schedule a Separate Meeting with Victim or Offender to learn more about what happened & to explain the program. Emphasize the Decision to get Involved in the Program Can be Made Later. Use Assertive but Cooperative / Sensitive Communication Style. Be Prepared to Provide Information About the Program, if Needed, But Still Emphasize the Need for a Meeting. (Trust is built through Face-To-Face Interaction!)

13. Initial Separate Meetings With Victim & Offender 1. Introduce Yourself Again, With Quick Reference to Program. 2. Listen to Their Story (Try to get in a listening mode, first) “What actually happened on the night of the burglary?” 3. Explain the Program in a Non-Jargon Manner. 4. Encourage their Participation, but Do Not Coerce or Pressure. 5. Mention that “Many Victims /Offenders Find it Helpful to Meet and Work Things Out, Although it is Not Meant for Everyone - It’s Your Choice.” 6. For the Offender: (If they agree to participate) Assess Their Ability to Pay Restitution and Willingness to Consider Personal Service Work or Community Service Work.

14. Initial Separate Meetings With Victim & Offender (continued) 6. For the Offender: (If they agree to participate) Assess Their Ability to Pay Restitution and Willingness to Consider Personal Service Work or Community Service Work. 7. For the Victim: (If they agree to participate) Assess Their Need for Restitution and Willingness to Consider Personal Service Work or Community Service Work. 8. Coach on How to Respond to Questions During Mediation, If Either Victim or Offender are Very Non-Expressive, Express Intense Feelings, or are Highly Aggressive. 9. Call Back Later if More Time is Needed to Think About It

15. Mediation Phase Conduct Mediation Session: Introductions / Explain Role. Discuss What Happened & How People Felt About It. (Have each person tell their story, followed by questions and concerns). Discuss Losses and Need for Restitution. Secure Signatures on Restitution Agreement. Transmit Agreement to Program Coordinator.

16. Mediator Functions Instilling Ownership and Motivation Regulating Interaction Aiding Communication Monitoring the Process

17. Suggested Agenda for Victim Offender Mediation Session Introduce Everyone Explain Role as Mediator Explain Procedures Explain Ground Rules Discuss What Happened and Impact on Parties Discuss Losses and Need for Restitution Develop Restitution Plan Sign Agreement Schedule Follow-Up Meeting, If Appropriate Close Mediation Session, Thank the Parties for Their Participation

18. Starting the Mediation Session Introduce Everyone / Arrange Seating Explain Your Role as a Mediator: “To help you talk about what happened and work out a possible restitution agreement’. I am not a court official and will not be requiring you to agree to anything.” Explain Ground Rules: No interrupting each other, etc. Identify the Agenda: Discuss What Happened & Impact on Parties Discuss Losses / Plan for Restitution Emphasize that any Restitution agreement Reached Must be Considered Fair to Both Initiate Direct Communication Between Victim and Offender: “Mrs. Smith, could you tell John what happened from your perspective and how you felt about the burglary?”

19. Transition From Talking About Event to Negotiating Restitution Has Discussion of What Happened and How People Felt About it Concluded? Allow Additional Time / Silence, if Needed Ask if There are any Additional Concerns Either Person Would Like to Express Before Moving on to Discussing Losses and Negotiating Restitution. Pause. Ask the Victim to Identify Specific Losses Ask Offender’s Perspective on the Losses Be Prepared to Help Identify Options for a Restitution Agreement: Financial Personal Service for Victim Community Service Terms of Restitution Agreement Must be Considered Fair to Both Parties

20. Writing the Restitution Agreement Read Back What you Understand to be the Terms of the Agreement, Before Writing Use SAM Criteria: Specific Attainable Measurable Key Elements of Restitution Agreement: Form (Money, Work, etc.) Amount (Dollars, Hours, etc.) Timetable (Weeks, Months, etc.) After Writing Agreement, Have Each Party Review it and Sign it, Unless Parent Requested Parental Review Before Signing Leave a Copy with Each Party

21. Forms of Restitution Financial Payment to Victim Work for the Victim Work for the Victim’s Choice of Charity Offender Enrollment in Intervention Program Combination of Above

22. Characteristics of Victim Offender Follow-Up Meetings Less Structured / More Informal Frequency (Depends on Case) Mid-Contract Review Renegotiation of Agreement And / Or Close-Out Meeting Formal Agenda: Monitoring of Restitution Agreement Informal Agenda: Strengthening of Conflict Resolution Process and Opportunity for Closure

23. Potential Benefits of Victim Offender Follow-Up Meetings Strengthening of Accountability Further Humanizing of Process Further Breaking Down of Stereotypes Monitoring of Contract Direct Payment of Restitution, if Allowable Re-Negotiation of any Problem Areas in the Restitution Agreement

24. Key Strategic Issues Of Offering Victim Offender Follow-Up Meetings When to Suggest Follow-Up Meeting After Restitution Agreement is Signed, but Prior to End of Mediation Meeting Discussion of Follow-Up Opportunity: Purpose to Monitor Completion of Agreement Be Assertive But, Don’t Mandate or Require

25. Guidelines For Victim Sensitive Mediation and Dialogue with Offenders 1. Victim safety 2. Victim choice to participate and throughout entire process. 3. Participation by selected offenders (Do they admit guilt or feel remorse?) 4. Approval of parent(s) for participation of juveniles. 5. Offender choice to participate. 6. Victim support (i.e., friend, family members) during mediation, if desired. 7. Careful and extensive in person victim preparation by mediator. 8. Offender support (i.e., family members) during mediation, if desired.

26. Guidelines For Victim Sensitive Mediation and Dialogue with Offenders (continued) 9. Careful and extensive in-person offender preparation by mediator. 10. Use of victim sensitive language (avoid words like forgiveness, reconciliation, “you should”). 11. Empowering the victim through: offender information during pre-mediation session continual presentation of choices in process have victim initiating the initial storytelling phase of mediation session (unless they prefer not to) option to terminate the process at any point 12. Reality testing victim expectations during pre- mediation session with mediator. 13. Use of a humanistic/transformative model of mediation which emphasizes dialogue and separate pre-mediation sessions between the mediator and each party, not the more common settlement driven civil court model.