So in this section, we will discuss in (part one) how the VOM works, and what are its effects in (part two).
Part One: How Does The Victim-Offender Mediation (VOM) Work?
In general, mediation is directed by a neutral third party who can by what he had of skills and abilities focus on guiding the behaviors of the parties towards discussing the issues that need to be faced, while receiving separate and confidential communications from the parties until he reached a certain level of understanding with them that the conflict can be resolved.
So in my opinion, the mediator’s role is to try to reach a balance between the two parties of the conflict to encourage the exchange, and to facilitate the negotiations between them to reach a mutual solution that will hold reciprocal satisfaction.
However, the Victim-Offender Mediation (VOM) programs have focused on a restorative justice approach, which sees the actual victim of the crime as the party to be made whole, and the offender is held responsible for his or her actions. So it can be said that the VOM programs focus on the relationship, and healing the harm done to the victim.
This type of programs take place before trial, and involves the victim, the offender, the community in order to rebuild the trust, and to resolve the criminal conflict in a way that is fair to the parties.
Victim-offender mediation gives victims of property crimes and minor assaults the chance to meet the juvenile or adult offender...
... middle of paper ...
...ediation Dialogue Programs, available at: www.vorp.com/articles/abaendors.html (last visited 3-20-2014)
Maureen E. Fallen Remarks On Case-Management and criminal mediation 40 Idaho L. Rev. 580 (2003)
Mark S. Umbriel, Robert Coates, Betty Vos. Victim-Offender Mediation: Three Decades of Practice and Research, 22 Conflict Resol. 287 - 288 (2004).
Id p. 289-290
Jo-Anne Wemmers , Katie Cyr What Fairness Means To Crime Victims: A Social Psychological Perspective On Victim-Offender Mediation available at : http://www.apcj.org/documents/2_2_fairness.pdf last visit 3-21-2014
William Bradshaw, David Roseborough Restorative Justice Dialogue: The Impact of Mediation and Conferencing on Juvenile Recidivism available at: http://www.uscourts.gov/uscourts/federalcourts/pps/fedprob/2005-12/restorative.html last visit: 3-24-2014.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- ... This is shown in the following cases of GWEBU v MINISTER OF CORRECTIONAL SERVICES AND OTHERS where the Parole Board relied on restorative justice aspect to delay the matter. The court described this concept as a fabrication of a process, where it was required of a prisoner to make peace with the family of the victim. S v MELAPI where a juvenile offender who committed murder was sentenced to child and youth care centre- according to Section 76 of the Child Justice Act 75 of 2008- this was a competent sentence for an offender under the age of 18 who had committed such an offence.... [tags: South African criminal justice system]
1334 words (3.8 pages)
- The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisf... [tags: Restorative Justice, Mediation]
2367 words (6.8 pages)
- Introduction This paper will examine when it is appropriate to attempt alternative dispute resolution (ADR) processes for disputes and conversely when it is fitting for matters to be decided in a courtroom with black-robed judges and well dressed lawyers. Complementing the correct ‘intervention [courtroom, facilitative ADR or another form of ADR] at the right time, price and place with the right disputants’ is not necessarily an easy task (Wade 2010, p. 13) and the line separating alternative dispute resolution processes and judicial intervention can be blurred especially as judicial officers conduct, refer or mandate parties to participate in ADR (Sourdin, 2009, p.... [tags: Legal Process]
2493 words (7.1 pages)
- The purpose of this literature review is to discuss the importance of sexual offender treatment, to compare and contrast research points regarding treatment, and to address the validity of the peer reviewed articles. Every year 6,000 sex offenders enter treatment (Waldram, 2008). Various therapeutic treatment options are offered, and the primary focus is to rehabilitate and change behavior. The body of research reveals different therapeutic treatment models and discusses the purpose and effectiveness of each model.... [tags: sex offender, cognitive behavioral therapy, recidi]
2338 words (6.7 pages)
- Venue: Mediation and Restorative Justice Center 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.... [tags: mediation observation report]
1018 words (2.9 pages)
- There are various features of both the litigation and mediation processes, each affecting the parties to a dispute. Determining these effects depends on the process, what approach is taken by the third parties, the role of the third party, the subject of the disputes and the binding nature of the final outcome. The objectives of each process also play a vital role in determining the impact that is felt by parties. There are a multitude of features of litigation which have a variety of effects on the parties of a dispute.... [tags: adversary system, opposing parties]
821 words (2.3 pages)
- Research often seeks to establish the relationship between independent and dependent variables in order to explain human thoughts and behaviours. Understanding how two variables are related provides a description of thoughts and behaviours. However, the fundamental aim of psychology is to postulate and provide empirical evidence for the mechanisms that influence the relationship between variables. Mediation analysis is a useful statistical tool that facilitates a functional understanding of the relationships among variables, rather than merely providing a descriptive account (Preacher, & Hayes, 2004).... [tags: dependent and independent variables]
1606 words (4.6 pages)
- The book The Promise of Mediation, written by Baruch Bush and Joe Folger, outlines two different approaches to mediation: problem-solving and transformative. A problem-solving mediator uses a highly controlled process that directs the “substance of the discussion” (Burgess, 1997). Problem-solving mediators highlight the areas that the parties agree on, while avoid areas of disagreement. This approach means that problem-solving mediators play a large role in in “crafting settlement terms and obtaining the parties' agreement,” even though in theory all decisions are made by the participants (Burgess, 1997).... [tags: problem solving, transformative mediation]
1241 words (3.5 pages)
- Victim’s Rights Policy All the components of the criminal justice have the same goal in mind: preventing and fighting crime. Preventing and fighting crime also includes providing services for the victims of the crimes. Although the main focus on the criminal justice system is to arrest, prosecute and rehabilitate the criminal, many forget to focus on the victim. The National Organization for Victims Assistance was found in 1975 and is the oldest national group providing assistance to victims of crime and crisis.... [tags: Crime Victim Protection]
1526 words (4.4 pages)
- Introduction In life we are constantly facing an array of spiraling moments, whether it is a spiral in our thought processes, day to day events, or in our relationships. These spirals in life can either move in an upward or downward direction, upward being the more positive of the two. When taking a close look at the possible situations that could take place, there are moments when mediation is a necessary tool for problem solving. Firmly believing that relationships are important factors in our lives, transformative mediation is one of utmost importance because it works to reverse any downward spirals taking place within our relationships.... [tags: Mediation Essays]
2023 words (5.8 pages)