Restorative Response
During the restorative justice review the Restorative Justice Coordinator determines if the case is appropriate for a restorative justice (RJ) action. Actions include; restorative justice outcomes (community service, restitution), mediation, and/ or the use of circle processes. If the case is deemed appropriate for a restorative justice action, the case is turned over to a facilitator acting under the supervision of the restorative justice coordinator.
1. Pre- Conferencing
Once the case is turned over to the facilitator, the offender is contacted and a pre- conference meeting is held. If the offender is still willing to continue with the restorative action and the facilitator deems the action appropriate for the case, the facilitator will contact the victim (individual, teacher, university representative) and a pre- conference session will be held upon their approval.
2. Conferencing/ Agreement
Once pre- conferencing is completed with both the offender and the victim, a conference is scheduled and can be carried out between the two. It is in this conference that restorative justice outcomes can be discussed (community service or restitution), a mediation session can be held, or the circle process can be utilized. An agreement should be made between the offender and the victim at this time concerning the action that will be taken holding the offender accountable for their offense. A contract and timeline concerning the details of the action should be drawn for accountability and a date should be set for the offender and the victim to meet to discuss any progress or lack of progress that has occurred.
3. Post Conferencing
Upon completion of the restorative justice action, both the offender and the victim will meet to discuss the outcome and progress that has been made. During this meeting the facilitator and victim should hold the offender accountable for satisfying the action agreed upon during the conference in which the offender and victim agreed on the desired action to be used.
Notes: At anytime if the offender is unwilling to accept responsibility or does not want to continue with the process, the case will revert to the traditional campus conduct system.
What is Restorative Justice?
Restorative practice means bringing together persons who were harmed with those who did the harm – whether it was physical, verbal, or emotional. It means sitting down together and discussing what happened, what harm was done, and how to restore right relationship among all the persons involved. Restorative Justice changes the focus from rule of law, blame, and punishment to harm caused, obligations and healing.
(Adapted from Changing Lenses by Howard Zehr.)
What situations are handled restoratively?
- Theft, damage, use or possession of university or another person’s property.
- Community disturbances/disruptions.
- Abusive conduct that threatens or endangers the physical or psychological health, safety or welfare of others.
(Adapted from Conflict Resolution and Student Conduct Services, Colorado State University, 2011)
Benefits for those who utilize restorative justice.
Benefits for offender
- Share story to explain why you created the harm.
- Apologize to person(s) harmed and others involved.
- Decide with the victim how to repair harm.
- Treated with dignity, not shamed or disrespected.
Benefits to victim
- Have questions answered about how and why harm occurred.
- Chance to express feelings to offender. Increased input over how the harm is repaired.
- Opportunity to express feelings in a safe environment with minimal chance of revictimization.
Benefits for community
- Help with reintegration of victim and offender.
- Strengthens community.
(Adapted from Conflict Resolution and Student Conduct Services, Colorado State University, 2011)
How does a situation reach the Restorative Justice Response System
- Harm is caused.
- Offender is identified.
- Offender meets with conduct officer.
- Conduct officer refers case to Restorative Justice Coordinator. Determines if situation can be handled restoratively.
- Coordinator gives case to facilitator.
- Facilitator pre-conferences, and introduces restorative justice process to offender. Affirms whether situation can be handled restoratively.
- Facilitator introduces process to victim during separate pre-conferencing meeting. Affirms again whether situation can be handled restoratively. Facilitator and Restorative Justice Coordinator determine restorative action to be used.
- Restorative Justice Conference held (restorative justice approaches discussed (community service, restitution), mediation is carried out, or circle process utilized. An agreement is settled on by offender and victim based on method used.
(Adapted from Conflict Resolution and Student Conduct Services, Colorado State University, 2011)
What is Mediation?
“Mediation is a facilitated process in which stakeholders “discuss their concerns and issues and explore possible options for mutually satisfactory solutions to differences”. The mediation process allows disputing parties a chance to equally discuss personal issues in an environment designed for maximum neutrality. Disputing parties progress through 5 stages in which a neutral mediator facilitates discussion. Mediation represents the opportunity for a win/ win outcome in which disputants bargain and make sacrifices to reach an agreement.
Adapted from Michelle Armster, MCC Conflict Transformation and Restorative Justice Manual, Foundations and Skills for Mediation and Facilitation, 2008.
What are the stages of a mediation?
Introduction:
- Ground rules are established.
Storytelling:
- Each party describes the situation from their viewpoint. Both parties are given equal time to discuss their views and issues.
Identifying Issues
- Mediator lists joint issues based on the issues framed by the offender and the victim.
Problem-solving/Healing
- Participants describe an issue and a related problem in further depth.
This helps:
1. Participants discover the interests under their positions, what matters most to them.
2. Encourages parties to generate options jointly.
3. Note commonalities whenever possible.
4. Encourage parties to examine and be open about their feelings.
5. Encourage Constructive communication.
6. Parties focus on their future rather than being stuck on the past.
Most conflicts include both tangible issues and relationship issues. Problem solving allows for natural progression in dealing with these issues.
Agreement Stage
- Offender and victim form an agreement based on the solutions they have come up with in regards to how they will deal with their problems. Agreement is detailed and specific about who does what, when and where.
Adapted from Ron Kraybill, A Mediation Process: An Overview, MCC Conflict Transformation and Restorative Justice Manual, Foundations and Skills for Mediation and Facilitation, 2008.
What is the Circle Process?
The Peacemaking Circle Process
Peacemaking circles provide a process for bringing people together as equals to talk about very difficult issues and painful experiences in an atmosphere of respect and concern for everyone. Peacemaking circles create a space in which all people, regardless of their role, can reach out to one another as equals.
Participants are seated in a circle of chairs with no tables. The physical format of the circle symbolizes shared leadership, equality, connection and inclusion. It also promotes focus, accountability and participation from all.
The circle process typically involves four stages:
- Acceptance – The community and the immediately affected parties determine whether the circle process is appropriate for the situation.
- Preparation – Separate circles for various interests (family, social workers) are held to explore issues and concerns and prepare all parties to participate effectively. Thorough preparation is critical to the overall effectiveness of the circle process. Preparation includes identifying possible supporters in the natural network of the family to participate in the process.
- Gathering – All parties are brought together to express feelings and concerns and to develop mutually acceptable solutions to issues identified.
- Follow-up – Regular communication and check-ins are used to assess progress and adjust agreements as conditions change.
Circles are facilitated by keepers who are responsible for setting a tone of respect and hope that supports and honors every participant. All circles are guided by the following commitments participants make to one another:
