A Qualitative Study of Victim Offender Mediation: Implications for Social Work

State of knowledge: Four decades of victim‐offender mediation research and practice: The evidence

“…Considering a study of 73 victims who participated in VORP in Indiana, who were compared with a matched sample of those who did not participate, and another study of 240 mediation participants and comparison group members, of the crime victims who refuse to participate in victim‐offender mediation, the most common reasons that they choose not to participate are: because the crime seems too trivial to invest the time, they fear meeting with the offender, they want the offender to receive a harsh punishment, or too much time has elapsed since the crime occurred (Coates & Gehm, ; Umbreit, ). It is critical that the participation of crime victims is voluntary, rather than mandatory, as victim‐choice is necessary to ensure that victim‐offender mediation is victim‐centered and does not revictimize people in any way (Choi, Green, & Kapp, ; Umbreit, ; Umbreit & Armour, ; Umbreit & Hansen, ). In a study of 37 individuals who participated in victim‐offender mediations, of the victims who chose to participate, they most commonly chose to participate in order to answer important questions about the crime, receive a genuine apology, share their narratives about their experiences of victimization with the offender, and help offenders to improve their lives (Choi et al, ).…”

“…It is critical that the participation of crime victims is voluntary, rather than mandatory, as victim‐choice is necessary to ensure that victim‐offender mediation is victim‐centered and does not revictimize people in any way (Choi, Green, & Kapp, ; Umbreit, ; Umbreit & Armour, ; Umbreit & Hansen, ). In a study of 37 individuals who participated in victim‐offender mediations, of the victims who chose to participate, they most commonly chose to participate in order to answer important questions about the crime, receive a genuine apology, share their narratives about their experiences of victimization with the offender, and help offenders to improve their lives (Choi et al, ). A victim‐offender mediation session provides victims with the chance to speak directly to offenders, ask them important questions about a crime and why it happened, tell them about the effects a crime had on their lives, and discover ways that offenders can make amends for their actions (Umbreit & Armour, ).…”

“…Victims who participate in victim‐offender mediation therefore come into mediated sessions with hopes and expectations, which are not always achieved. Victims are sometimes disappointed with the process because the mediation session seems too long or too short, the mediator does not meet their expectations (for instance, they were overbearing or did not allow for sufficient victim participation), or, particularly, if victims receive an apology that seems incomplete or insincere (Choi et al, ; Choi & Gilbert, ; Choi & Severson, ). In various studies, victims have also reported disappointment with the interaction itself, when they felt pressure to accept an apology or agreement, their emotional expressions of anger and pain were stifled, the process rushed them to agreement, or they felt inadequately prepared for the encounter (Choi et al, ; Choi & Gilbert, ; Choi, Gilbert, & Green, ; Jacobsson et al, ).…”

“…Victims are sometimes disappointed with the process because the mediation session seems too long or too short, the mediator does not meet their expectations (for instance, they were overbearing or did not allow for sufficient victim participation), or, particularly, if victims receive an apology that seems incomplete or insincere (Choi et al, ; Choi & Gilbert, ; Choi & Severson, ). In various studies, victims have also reported disappointment with the interaction itself, when they felt pressure to accept an apology or agreement, their emotional expressions of anger and pain were stifled, the process rushed them to agreement, or they felt inadequately prepared for the encounter (Choi et al, ; Choi & Gilbert, ; Choi, Gilbert, & Green, ; Jacobsson et al, ). These potential concerns can be mitigated with proper in‐person preparation prior to the mediated encounter (including coaching offenders on potential apologies), a nondirective mediation style, taking time to discuss and process difficult topics and emotions, and victim‐sensitivity (Choi et al, , ; Choi & Gilbert, ; Choi & Severson, ; Umbreit & Armour, ).…”

“…Offenders are motivated to participate in victim‐offender mediation in order to clean their criminal record, impress the court, move on with their life, tell victims why they did what they did, apologize, pay back victims, and help victims move on with their lives (Choi et al, ; Umbreit & Armour, ). Voluntary participation by the offender is also considered a core element of victim‐offender mediation in most settings; however, it is not always clear to juvenile offenders that the process is voluntary (Abrams, Umbreit, & Gordon, ).…”