Victim-offender mediation: what is it?

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Victim-offender mediation is a process in which a victim of a crime can confront the offender in a supportive atmosphere facilitated by a qualified mediator. During mediation, both the victim and the offender have the opportunity to talk to each other about the crime. Victims, or in some cases the victim’s family members, can inform an offender of the consequences they have suffered as a result of being victimized. They are also given the opportunity to seek answers from the offender regarding the offender’s decision to commit the crime. Offenders are also given the opportunity to explain the crime and its impact on their own lives and in some cases may be able to give back to the victim or the victim’s family, which can become part of the offender’s conviction.

For many victims of crime or families of crime victims, the fallout from victimization can be significant. Victims and their families can feel helpless, frustrated and vulnerable. Proponents of victim-offender mediation argue that the process of uniting crime victims and offenders offers victims a chance to regain some control over their lives following the devastation victimization can cause. These proponents also argue that offenders benefit from being held accountable for their crime by the actual victim rather than by representatives of the criminal justice system. The process can also provide more direct compensation to a victim, which they might otherwise not receive if the offender is simply sentenced to prison or forced to pay fines to the court.

The actual victim-offender mediation process may vary based on the jurisdiction and policies of the organization providing the mediation services. In many cases, both the victim and the offender will be prepared for the mediation session by being able to speak with a mediator or, in some cases, a crime victim’s attorney about the process before the actual meeting. Both the victim and the offender may be allowed to bring supporters, such as family members or spouses, into the session. The mediator may then ask the victim to read a victim impact statement or simply explain the impact of the crime and its consequences to the offender.

After the offender has had a chance to talk to the victim and answer the victim’s questions, both parties may decide to work out a restitution program where the offender can offer some form of compensation to the victim . Depending on the rules of the jurisdiction on victim-offender mediation, the restitution agreement may be presented to the judge presiding over the offender’s case. If the judge agrees, the restitution decided between victim and offender can be included in the punishment issued by the judge during sentencing.

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