Can Mediation Be Therapeutic for Crime Victims? An Evaluation of Victims' Experiences in Mediation with Young Offenders

Abstract

Victims' experiences in the justice system may help or hinder their healing process. Restorative justice aims to heal the suffering caused by victimization (Zehr 2002). However, some victim advocates have expressed concern that restorative justice may augment victims' suffering. This article presents the results of an evaluation of the experiences of crime victims who were invited to participate in a mediation program. Using therapeutic jurisprudence as a framework, the study looks at how victims' fear was affected by the program and whether their participation in the program helped with their recovery.

Responding to young people responsible for harm: a comparative study of restorative and conventional approaches

“…Shapland et al (2006), who studied almost 300 restorative conferences with adult offenders, note that the likelihood of conference breakdown and dissatisfaction among victims increased if an offender even partially denied responsibility for the harm. Based on the results of their interviews with 59 victims, Wemmers and Cyr (2005) theorize that victims may experience re-traumatization through a restorative justice process if the offender denies responsibility for the event. Petrucci (2002) proposed attribution theory to explain that the offender's assumption of responsibility for the harm allows the victim to cease destructive self-blaming.…”

Co-option, coercion and compromise: challenges of restorative justice in Victoria, Australia

“…Several evaluation studies have reported that although many victims were satisfied with the way their case was dealt with, a smaller number of victims showed dissatisfaction or felt re-victimized after RJ practices (Morris & Maxwell, 1997;Strang, 2002;Wemmers, 2002;Wemmers & Cyr, 2005). Although the reasons varied and some were attributed to offenders' attitudes and behaviors rather than practices (Daly, 2003b;Gerkin, 2008), one of the most common reasons given for negative outcomes was lack of care and attention toward victims, such as lack of preparation for victims (Choi & Gilbert, 2010;Umbreit, Vos, Coates, & Lightfoot, 2005) or excessive focus on offenders Strang, 2002).…”

Honing the stone: refining restorative justice as a vehicle for emotional redress

“…Victims thus have no opportunity to present their own account of past events, but are instead confined to answering questions within the parameters set down by the questioner. Cross-examination, in particular, has been found to be highly anti-therapeutic (Wemmers & Cyr, 2005) and particularly injurious to the psychological well-being of victims and witnesses; particularly children and complainants in cases of rape and sexual assault (Doak, 2008).…”