Mediation has been used as a form of alternative dispute resolution in the juvenile justice system majorly in the form of Victim-Offender mediation. This method of mediation is recommended due to its restorative nature as it ultimately seeks restoring and healing of broken relationships. It intends on bringing everyone involved by the harm caused together to attempt to understand each other as well as come up with mutual solutions that better both parties as well as establish responsibility to the wrongful act in order to prevent it from occurring again.
Victim-offender mediation is a form of mediation where the willing victim is offered an opportunity to meet with the offender in a structured setting where the offender is held accountable to their actions while both parties come up with a favorable settlement while seeking to restore the relations of the two parties1. It is more common around delinquent acts and crimes such as those pertaining to property damage.
Cases may be referred to victim-offender mediation following different instances. The first instance may be through diversion from prosecution, as an alternative to litigation. Alternatively, it may be as after the admission of guilt by the offender has been accepted by the court, which in hand refers the matter to mediation as a probationary condition2.
In victim offender mediation, the parties involved include the victim who has undergone a significant impact as a result of the offender, who has admitted to having committed the said act. The mediator’s role is to facilitate communication between the victim and the offender by allowing the victim to express the extent of damage and impact caused by the action while directly allowing them to come up with a plan that offers restitution for the offender to pay for his/her crimes.
Mediation as a form of restorative justice is used a lot in juvenile justice as it allows for the offender in this case the juvenile delinquent a chance to reflect upon their actions that led them to be in that specific position and at the end of it all, they make commitments to never indulge in the same or similar delinquent acts3. At the same time the offended party uses this opportunity to air out their grievances and state their expectations from the offender which at the end results in a satisfactory outcome for both parties.
The tenets of restorative justice include forgiveness, victim satisfaction with the justice system, accountability, reduction in recidivism as well as reintegration of offenders as law abiding citizens4. At the end of it all, the relationships that were broken end up being restored thus bringing healing to those involved. The same end is sought by mediation which, being future based, not only seeks to resolve the dispute but also restoring the future relationship between the parties and preventing the same act from reoccurring.
An advantage of victim- offender mediation is that it promotes reintegration of the juvenile offender into the society therefore giving them a chance of attaining their full potential as they develop into adulthood. This is achieved as no permanent criminal records are kept as they would have if the matter went through litigation. This therefore does not hinder the juvenile offender from having a normal life in the future as for instance, they are able to apply for jobs without a criminal record popping up as their prospective employer performs a background check.
It is also important to note that mediation as a resort in the juvenile justice system has been seen to reduce the backlog of cases in courts as well as being timely and affordable as compared to other forms of serving justice to the concerned parties.
1 Victim sensitivity: A guide for judges (Publication No. 96517). U.S. Department of Justice, Office of Justice Programs-<https://www.ncjrs.gov/ovc_archives/reports/96517-gdlines_victims-sens/guide4.html> on 29 August 2024.
2 Victim sensitivity: A guide for judges (Publication No. 96517). U.S. Department of Justice, Office of Justice Programs-<https://www.ncjrs.gov/ovc_archives/reports/96517-gdlines_victims-sens/guide4.html> on 29 August 2024.
3 Zehr, H, ‘Commentary: Restorative justice: Beyond victim-offender mediation’ 22, Conflict Resolution Quarterly, (2004), 305–315.
4 Zehr, H, ‘Commentary: Restorative justice: Beyond victim-offender mediation’ 22, Conflict Resolution Quarterly.
