Criminal mediation is one way of solving criminal disputes in the united states of America , and has been used a lot in this domain , so the main example is the ( victim –offender) mediation , which raises the question of how does this system work? And what are its effects?
So in this section, we will discuss in (part one) how the VOM works, and what are its effects in (part two).
Part One: How Does The Victim-Offender Mediation (VOM) Work?
In general, mediation is directed by a neutral third party who can by what he had of skills and abilities focus on guiding the behaviors of the parties towards discussing the issues that need to be faced, while receiving separate and confidential communications from the parties until he reached a certain level of understanding with them that the conflict can be resolved.
So in my opinion, the mediator’s role is to try to reach a balance between the two parties of the conflict to encourage the exchange, and to facilitate the negotiations between them to reach a mutual solution that will hold reciprocal satisfaction.
However, the Victim-Offender Mediation (VOM) programs have focused on a restorative justice approach, which sees the actual victim of the crime as the party to be made whole, and the offender is held responsible for his or her actions. So it can be said that the VOM programs focus on the relationship, and healing the harm done to the victim.
This type of programs take place before trial, and involves the victim, the offender, the community in order to rebuild the trust, and to resolve the criminal conflict in a way that is fair to the parties.
Victim-offender mediation gives victims of property crimes and minor assaults the chance to meet the juvenile or adult offender...
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...ediation Dialogue Programs, available at: www.vorp.com/articles/abaendors.html (last visited 3-20-2014)
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A mediator assists couples in coming up with ideas for mutually beneficial, long-lasting agreements. It allows the couple to focus on important issues and arrive at pro-active decisions about child custody, co-parenting and finances. Since information is out in the open and freely exchanged, the couple will be more willing
When looking at the Criminal Justice system there are so many different elements make up the system to create a whole, it is sometimes hard to grasp every element. Throughout history people and governments alike have tried to figure out cost saving yet efficient strategies to keep offenders from reoffending and out of jail. Restorative justice is one of these elements; created to focus on the rehabilitation of offenders through reconciliation with victims and the community at large. Within the realm of restorative justice there are many different types of procedures and programs from alternate dispute resolution to veteran trauma courts and everything in-between. Not everyone will agree that these specialty courts and procedures
Amstutz, L.S. (1999). Training issues in Victim Offender Mediation. Journal of Correctional Education, 50(2), 68-71
This approach has introduced a criminal justice policy agenda. In the past, victims to criminal activities have been outsiders to the criminal conflict. In recent times, many efforts have been made to give the victims a more central role in the criminal justice system. Some of these efforts were introduced a few years back, though even at that time, these efforts were seen as long overdue. Some of these efforts include access to state compensation and forms of practical support. For advocates of restorative justice, crime is perceived primarily as a violation of people and relationships, and the aim is to make amends for all the harm suffered by victims, offenders and communities. The most commonly used forms of restorative justice include direct mediation, indirect mediation, restorative cautioning, sentencing panels or circles and conferencing. In recent...
Stohr, M. K., & Collins, P. A. (2014). Criminal Justice Management: Theory and Practice in
The United States Department of Justice and all inferior law enforcement agencies that is umbrella under this hierarchy is not exempt from conflict. Conflict management derives from historical events that have altered the current perception of conflict management and proposes a resolution method for many areas within the justice system. The conflict model is a primary example of the easiest forms of theoretical approaches to conflict management. Additional examples would include that of the consensus perceptive, the pluralist perspective, conflict perspective and restorative justice theories. Although each provides a certain field within the justice system with a more comprehensive approach, not all are equally beneficial in all areas. It is inevitable that the association of conflict is derived from societal change and perception plus approaches are manipulated accordingly as situations evolve.
...mmunity involvement in justice and to provide on-site support services for victims (Hall 2010, p. 196). Although reforms to prevent crime have been increasingly influenced by victims, they are still widely recognised as neglected parties in the criminal system, mainly during the prosecution and sentencing of offenders (Strang, Heather, Lawrence W. Sherman 2003).
Pros of the restorative justice system are that it brings parties together in crime. Instead of a short term goal, the restorative justice system takes a long-term approach to reducing crime and violence using different kinds of methods. In restorative justice programs, offenders work with others affected by their criminal actions. Restorative justice promotes instilling positive behaviors in young criminals and teaching long-lasting changes in behavior to prevent future crimes. There also could be negative consequences from the restorative justice system. For restorative justice to work, criminals and their victims must communicate about the crime and its consequences. Since violent crimes often leave victims feeling helpless and vulnerable, encouraging communication can result in increased anxiety and fear. Additionally, communication might breach confidentiality for victims of violent crimes, such as rape and assault, because they must discuss the outcome of the crime and how it has impacted
The career cluster on which I chose to do my report is that of arbitrators, mediators, and conciliators. Individuals in these positions are facilitators of negotiation and conflict resolution through dialogue, and they are charged with the duty of resolving conflicts outside of court by achieving mutual agreement of all of the parties involved. Mediation is one of the forms of alternative dispute resolution meant to resolve any and all disputes between two parties with concrete effects. Mediators reduce the cost of the United States judicial system, making courts cheaper for both the state and the plethora of plaintiffs and defendants who bring cases into the court system. If a case is resolved before going to court through mediation, a considerable amount of time is also saved by all of the parties involved, including potential juries, judiciaries, and attorneys.
Restorative Justice is an approach to the justice system that focuses on the needs of both the
This statement introduces the mediator and the parties, commends the parties for their willingness to participate to seek a solution and address their relationship challenges, defines the mediator's function, describes the mediation procedures including mediator impartiality and neutrality, , explanation of the proposed mediation procedure, confidentiality, and an explanation of private caucuses (meetings), describes the meeting format and schedule, and proposes behavioural guidelines/ground rules for the sessions. The mediator may then address any questions from the parties, and seek a confirmation of a joint commitment to begin. The mediator then shifts the attention to the opening statements of the
Although functions of mediators and arbitrators have several characteristics in common, there are significant instrumental differences that make them distinct from one another. Firstly, whereas the arbitration process is similar to litigation in its adversarial nature, in which parties have the objective to win the dispute, the fundamental goal of mediation is to bring the disputants to settlement through compromise and cooperation without finding a guilty party. In arbitration, parties compete against each other in “win-lose” situation. During mediation, parties work on mutually acceptable conditions with the assistance of a facilitator. In this process, mediators do not have power to make decisions, they work to reconcile the competing needs and interests of involved parties. The mediator’s tasks are to assist disputants to identify, understand, and articulate their needs and interests to each other (Christopher W. Moore,
...sfied with the outcome and resolution from the mediation session, the parties are given liberties to engage with a court procedure.