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Dr. Barbara Benoliel is the president of Preferred Solutions, a dispute resolution company in Toronto. As a professional mediator and facilitator, she specializes in conflict resolution and alternative dispute resolution in organizations. She is the past president of the Alternative Dispute Resolution Institute of Ontario and has lectured at several universities in Canada. 

 

Understand the Types of Justice. Restorative justice looks at how an offender can make amends to his or her crime victim in lieu of criminal punishment. It also helps offenders (typically young and nonviolent) reconnect with their community so they will be less likely to re-offend. It is in contrast to retributive justice, which asserts that a proper moral response to crime is proportionate punishment— regardless of its social consequences. Restorative justice has been used for thousands of years, in various forms, all over the world.

 

Find Community Members Who Want to Participate. Community groups often take the initiative to connect with the justice system to establish a restorative justice program and take responsibility for its operations. Any community can set up a restorative justice program. In fact, many communities have a mandate to try restorative justice.

 

Get Training. Many sources provide training in restorative justice mediation for facilitators and organizations. Sometimes training is paid for by grants or donations from community service groups such as the Rotary Club. To learn more about training and other aspects of restorative justice, visit www.restorativejustice.org.

 

Connect with Local Law Enforcement. Local prosecutors and judges typically refer eligible offenders for a conference. Sometimes it takes only one prosecutor or probation officer who sees the potential of a restorative justice program to get one started.

 

Plan a Mediation. Mediations are held in a public setting, with the offender, arresting officer, victim, and often the victim’s and offender’s families in attendance. The mediation puts the power to negotiate the justice into the hands of the people most affected by the crime. Conduct a Mediation. At the mediation, parties design a binding agreement showing how the offender will make amends to the victim and a timeline for the offender to do so. Offenders also promise not to re-offend. In some Ontario cities, if the agreement is completed within a year (and the offender is under 18), the charge will be dropped and there will be no criminal record. If the offender is over 18, the charge remains on the record but is not prosecuted. If the agreement is not completed within a year, the case returns to court.

 

Conduct a Mediation. At the mediation, parties design a binding agreement showing how the offender will make amends to the victim and a timeline for the offender to do so. Offenders also promise not to re-offend. In some Ontario cities, if the agreement is completed within a year (and the offender is under 18), the charge will be dropped and there will be no criminal record. If the offender is over 18, the charge remains on the record but is not prosecuted. If the agreement is not completed
within a year, the case returns to court.

 

Help the Offender Understand the Impact of the Crime. Most young offenders feel their actions affect only themselves. When you ask them who has been affected by their behavior, they often say, “Me!” Frequently, they are most distressed to find out how their family has been negatively affected by their behavior. They don’t want to see their mothers crying and their fathers disappointed. Eventually, they realize their ability to affect the lives of those around them. It is this realization that transforms their behavior in the future.

 

Help the Victim Achieve Resolution. Restorative justice puts the power of justice in the hands of the community, including the victim. Many victims want, or need, to witness the offender’s sincere remorse. Find a Way for the Offender to Make Amends. Most youth don’t have money to pay damages, but many victims will accept community service as a way to make amends. Identify charities that will allow the offending youth to perform supervised community service.

 

Find a Way for the Offender to Make Amends. Most youth don’t have money to pay damages, but many victims will accept community service as a way to make amends. Identify charities that will allow the offending youth to perform supervised community service.

 

Observe the Offender Making Amends. One of the programs for youth offenders in our community is a “cooking school” organized by a nonprofit (for which I volunteer) and hosted by the local grocery store. Youths attend one evening per week and learn how to cook under the direction of the store chef. They then prepare meals for local seniors who are invited to dine and be served by the youth. A few of the youths who have completed this program have gone on to chef schools. They had never cooked before in their lives.

 

Community service programs like this demonstrate the youths’ ability to have a positive impact and contribute to society. When young offenders are engaged and reconnected with the community, they are less likely to re-offend, and the community becomes safer as a result.


 

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