Victim Offender Mediation In Europe

This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way. In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.

Published as part of the integrated project "Responses to violence in everyday life in a democratic society"

This book documents the state of the art on Victim-Offender Mediation with youth offenders in 15 European nations (Austria, Belgium, England and Wales, Finland, France, Germany, Hungary, Ireland, Italy, Luxembourg, The Netherlands, Norway, Poland, Spain, Sweden). It provides an up-do date review of current theory and practice and presents a critical discussion of problems and benefits which may help guide future policy decisions and applications. The book informs both those who are interested in evaluating the current state of affairs of Victim-Offender Mediation with youth offenders in Europe, and those who would like to promote Victim-Offender Mediation in their own countries. The common format used in each chapter facilitates comparison across countries. Per country, five areas of investigation are explored and discussed: norms and legislation allowing for the implementation of victim-offender mediation programmes; values and theoretical frameworks of victim-offender mediation; organizational structure of victim-offender mediation services; professional characteristics of mediators; benefits, potential problems, and criticisms of current practice.

This publication is an initiative of the European Forum for Victim-Offender Mediation and Restorative Justice, and results from its first conference which was held in Leuven, Belgium, from 27-29 October 1999. The first six chapters consider victim-offender mediation and restorative justice from a more theoretical point of view. These analyses of theoretical, legal, policy, ethical and societal aspects of mediation and restorative justice have been written by well-known scholars in this field. The second part of the book consists of overviews of the situation with regard to victim-offender mediation in the eight European countries in which it is currently the most developed (Austria, Belgium, Finland, France, Germany, Norway, Poland and the United Kingdom). For these last chapters, a multitude of information was collected in each of these countries, and this is presented and analysed comparatively. The following topics are discussed for each of the countries: the history of victim-offender mediation in that particular country, the legal context, policy and implementation, the number of programmes and the way they function, the practice of mediation, the number and characteristics of cases, evaluation and research, and finally challenges, obstacles and expectations for the future. This is probably the first time that such extensive reports on the practice of victim-offender mediation in Europe have been brought together in this way.In publishing this book the European Forum is seeking to contribute to the realisation of one of its objectives, namely providing people all over Europe - and beyond - with information on victim-offender mediation and restorative justice in other countries. Restorative justice is a relatively new field and is still very much evolving. A full exchange of information and ideas will contribute to this process.

Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims’ personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.

Written by Mark Umbreit, internationally known for his work in restorative justice, this indispensable resource offers an empirically grounded, state-of-the-art analysis of the application and impact of victim offender mediation, a movement that has spread throughout North America and abroad. The Handbook of Victim Offender Mediation provides practical guidance and resources for offering victim meditation in property crimes, in minor assaults, and, more recently, with crimes of severe violence, including with family members of murder victims who request to meet the offender.

Victim-offender mediation schemes have experienced significant growth in the last decade. They are seen as an important and innovative alternative to the traditional sanctions of the criminal justice system. After a critical look at mediation schemes in the United States and Canada, most European countries have also increased their efforts to develop informal strategies to deal with deviant behavior. In terms of their legal and organizational base, it turns out that type, extent, and capacities for development are quite different in the individual countries -resulting in a remarkable diversity of programs with different outcomes. The contributions in this book are revised and edited versions of papers presented at the NATO Advanced Research Workshop Conflict, Crime and Reconciliation: The Organization of Welfare Intervention in the Field of Restitutive Justice in April 1991 at Il Ciocco, Italy. The chapters document the present stage of restorative justice in the individual countries, critically assess legal constraints and public needs, discuss the organizational requirements of implementation, and also evaluate outcomes in a broader context of crime and social policy. In the long run, this book should encourage further debates in the field of restorative justice and help build valid guidelines for an international evaluation research.