MORE “I DIDN’T KNOW YOU COULD MEDIATE THAT!”

There is one form of mediation in criminal courts that is little known, but has benefits for the disputants, as well as their communities.

“Victim Offender Mediation” brings those impacted by a crime face-to-face with the offender. The history of this form of mediation dates back to a 1974 project in Kitchener, Ontario, Canada, when a youth probation officer convinced a judge that two juveniles convicted of vandalism should meet the victims of their crime. The idea suggested meetings between convicted offenders and victims would be helpful to both parties.

Later, the American Bar Association recommended victim-offender mediation and dialogue in courts. The ABA’s endorsement made it clear that issues of guilt or innocence were not open to debate and the losses experienced by victims were not open to negotiation, but the manner in which losses were to be restored was. Since that time thousands of crime victims in hundreds of communities have experienced this approach to resolution and closure, also known simply as VOM.

The majority of crimes that might be referred to VOM are misdemeanors, while a small percentage are felonies. Most common offenses referred to the programs are vandalism, minor assaults, theft, burglary, and other property-related offenses. Many offenders are offered the opportunity to participate in VOM.

Some years ago I was explaining VOM to a college class. I thought one student had a rather unusual expression on his face. I asked him if he cared to comment. He volunteered his own story: He was originally from Canada where victim offender mediation is more commonly used. When he was younger, he shot and broke his neighbors windows with a pellet gun. He was offered victim offender mediation and said at the time he thought the idea was a “joke.” But today, he said, looking back the experience had been transformational in his life, helping him understand consequences and responsibility.

No more needed to be said.