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.

“I didn’t know you could mediate that” is a phrase I often hear from people when I list the many situations in which mediation can be a valuable option. Perhaps the one that surprises most is prenuptial mediation.

Prenuptial agreements can be very useful in certain circumstances, such as when one spouse or both owns and operates a business or when there are anticipated future inheritances or interests in trusts. However, it is not only financial issues that can be dealt with in a prenup. For example, when one or both parties are entering into a second or third marriage and have children from earlier unions. As these situations can involve complex legal and financial issues, the parties are advised to have counsel well versed in divorce, business, and tax law, as well as estate planning.

It is not unusual for the “more-moneyed” spouse having been advised by a financial planner, attorney, friend or family member to get a prenup outlined. This can create, of course, a situation of a power imbalance putting the “less-moneyed” spouse in potential jeopardy. For this reason alone, it is so important to have a skilled and sensitive mediator.

Mediators who conduct prenup sessions typically begin by having the parties develop a complete inventory of their individual financial situation. The mediator will encourage the parties to consider the process as an opportunity to develop a financial plan for their marriage that not only protects the assets of one party, but also protects the security of the other. Mediators report that parties in prenup discussions generally enjoy the session and find it supports their relationship and future plans. After the mediation the parties’ attorneys would be asked to prepare appropriate documents.

Please note: None of the above should be taken as legal advice.

Consult with your attorney to determine if this an appropriate option.