Mediation is the process of negotiating with the assistance of a third party. The third party termed a “mediator” is the guide of the process directing the interested parties through the stage of beginning, middle, and end, and hopefully ending the process, and hopefully ending the process with a resolution of the conflict. In recent years, courtroom litigation has been on the decline and the use of mediation has become the preferred method to resolve cases.
Many courts throughout the United States mandate that civil court cases proceed to mediation before moving ahead to a full blown trial. In Waukesha County, were my mediation observation took place, Judge Mac Davis issued and Order dated July 31, 2012, that all Waukesha County contested Small Claims matters are ordered to proceed thru mediation. For all contested cases, after the Defendant files their written Answer with the court, the Plaintiff is required to initiate scheduling mediation within 10 business days of the filed Answer. The parties may use any mediator they wish. However, if they do not agree on a mediator, Mediation and Restorative Justice Center is to be used.
George Hall, the mediator in the case I observed, astutely noted the benefit of mediation to both the Plaintiff and Defendant as “would you prefer a group of strangers deciding your case or would you rather decide it for yourself?” This mantra presented by Mr. Hall is very persuasive. Given the opportunity, most individuals would rather decide their own fate, rather than have collection of individuals who they never meet, make the ultimate decision for them. Here, Mr. Hall’s goal was to reinforce that notion that is was beneficial for...
... middle of paper ...
... a contest of what side actually had the “stronger case” and when periods of the mediation would hit a roadblock, at which point he would step in as a “neutral” and ask “evenhanded, probing questions to the participants.” Upon getting the discussions back on track, he returned to being an observer. Mr. Hall also tried to improve the rapport of the parties when necessary. A perfect example is when the participants were mainly on the same page regarding the liquidation of jointly held assets except for a few sentimental items that represented a deep personal significance to each person. Mr. Hall showed great empathy to both sides on this issue and mutual respect formed between the disputing parties, which made it easier for Mr. Hall split up these articles and not let it unravel all of the other work that done as a collective to get to this point.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Introduction Just Schools: a whole school approach to Restorative Justice is a practical handbook that presents a whole school approach to repairing harm using a variety of means including peer mediation, circles, and restorative conferencing. The thesis of this book is that the key to successful teaching and learning is: working in an atmosphere where people care about each other, have good relationships, mutual respect, and a sense of belonging. The main argument is that when harmful behavior or conflict occurs the emphasis should be on repairing the damage caused to the relationship and on finding mutually acceptable ways forward.... [tags: Peer Mediation, Restorative Conferencing]
1295 words (3.7 pages)
- The Victim Offender Mediation Association was developed out of the informal network of practitioners, researchers, and theorists in victim-offender mediation and restorative justice in the early 1980’s. It was originally called the U.S. Association for Victim-Offender Mediation and became VOMA in 1997. Being an international organization there are currently 350 members and 30 agency members in the 40 states and 7 countries. Victim-offender mediation programs around the world have increased to more than 1200 since 1990.... [tags: Restorative justice, Victim, Criminal justice]
905 words (2.6 pages)
- Restorative justice is an alternative process through which the offender must embrace the core values of accountability and responsibility. The offender must focus on the harm done to victims and their needs in recovering are at the center of the restorative justice process. Offenders have to recognize their obligation to their victims in attempt to repair the harm their crimes have caused. The community also carries an obligation to aid the victim in recovering and the offender’s need for transitional support to prevent re-offending and recidivism.... [tags: Crime, Criminology, Restorative justice]
1356 words (3.9 pages)
- Introduction Agreeing on a definition of restorative justice has proved difficult. One definition is a theory of justice that focuses mostly on repairing the harm caused by criminal behaviour. The reparation is done through a cooperative process that includes all the stakeholders. Restorative justice can also be explained as an approach of justice that aims to satisfy the needs of the victims and offenders, as well as the entire community. The most broadly accepted definition for restorative justice, however, is a process whereby all the parties that have a stake in a specific offence collectively resolve on how to deal with the aftermath.... [tags: Restorative Justice]
3099 words (8.9 pages)
- The criminal justice system is made up of several different aspects that help operate it as smoothly as possible. A relatively new and promising feature of the criminal justice is restorative justice. Restorative justice looks at rehabilitating offenders and reconciling them with their victims and the families. The practices found in restorative justice differ from the adversarial system; they include victim-offender mediation, circle sentencing and restitution to the victims. This paper will discuss how restorative justice practices work and the positive outcomes that follow a restorative justice framework.... [tags: Criminal justice, Crime, Restorative justice]
980 words (2.8 pages)
- In order for this model’s implementation to be successful, Torres first needs to accept guilt for the crime he committed and then admit sole responsibility for his own actions. This is one of two major perquisites for the restorative model to work. One method used to lay the groundwork for this acceptance of accountability is for the offender to meet face-to-face with those that he or she victimized. In this case, that would be the immediate family members of John Geer and the decease’s former best friend.... [tags: Crime, Criminal justice, Restorative justice]
982 words (2.8 pages)
- Crime has always been associated with factors such as poverty, and research shows poverty leads to certain types of crimes such as organized crimes and robbery and in the process of committing these crimes people also land up committing assaults and murders. In a research of 34 studies of violent crimes 97 present of it turned out to be committed by individuals who are in poverty or who are in poor socioeconomic conditions. (…) we as a society fail to understand that the one of the main cause of crime is bad socioeconomic conditions.... [tags: Crime, Criminology, Restorative justice]
1320 words (3.8 pages)
- “Restorative justice is an approach to crime and other wrongdoings that focuses on repairing harm and encouraging responsibility and involvement of the parties impacted by the wrong.” This quote comes from a leading restorative justice scholar named Howard Zehr. The process of restorative justice necessitates a shift in responsibility for addressing crime. In a restorative justice process, the citizens who have been affected by a crime must take an active role in addressing that crime. Although law professionals may have secondary roles in facilitating the restorative justice process, it is the citizens who must take up the majority of the responsibility in healing the pains caused by crime... [tags: Crime, Criminology, Restorative justice, Victim]
1095 words (3.1 pages)
- Defining justice can be very complicated, everyone has their own distinct way of defining what justice is and how it should be applied throughout society. Some people believe that justice needs to be swift and harsh, to ensure change. While others believe in restorative justice is in order. Many institutions (Criminal justice, Education, Workplace Religious) are deciding to move from a solely punishments based form of justice, into more restorative justice practices. All though restorative justice has been around for many years, it is often not utilized, but has many benefits for the victim, offender, and the community.... [tags: Criminology, Crime, Justice, Restorative justice]
807 words (2.3 pages)
- A community is made up of individuals who feel connected. Communities hold a sense of belonging and connection (Elizabeth Elliott, 2011, p.192). Therefore, communities play a significant role in criminal justice in particular restorative justice. Restorative justice recognizes the social aspect of human beings and focuses on citizen participation. This essay will explain the role of the community in restorative justice. Elizabeth Elliott (2011, p.199) saw community involvement as the opportunity to tell stories, relationship building and create accountability.... [tags: Crime, Criminal justice, Restorative justice]
899 words (2.6 pages)