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How do we maintain our neutrality in reporting on victim-offender mediations?

Debate takes place over the mediation process functioning in a criminal court setting or situation where one person or persons has offended against another or others, or the community. The key criteria that guide a mediator, confidentiality, neutrality and ethical behaviour, are more acutely called on in working with victims and offenders. The mediator, in this setting, skilled and experienced in the facilitation and flow of mediation then needs to capture key aspects of the dynamic and essence of that mediation and present it as a carefully prepared, understandable and balanced document for an adjudicative body, court official, defence attorney and prosecutor.

The mediator in this arena needs to enter with respect for all, be confident, and maintain a balanced mind and steady disposition while not ruling out the key aspect of flexibility and change which (can) underpin the mediation process. A victim-offender mediator particularly needs to pass through the portal headed, ‘leave your prejudice at the door and check in your bias now as they will cause you to doubt and stumble.’ At times the mediator with an open mind (and heart) will be provided with a tremendous learning experience coupled with being the witness to confession and forgiveness.

Mediation in the criminal court systems in Australia is being used more frequently (refer ongoing reports in the media). I assume practitioners in this field, or practitioners about to enter, may wish to learn more and share or exchange information on the procedure and development of the process in their jurisdiction. Attention in criminal courts (appears) also to being given to the victim through restorative justice processes (victim-offender mediation) and therapeutic justice considered for the offender. How the victim-offender mediation processes are administered in Australian criminal courts may also be of interest to a wider section of the conference attendees. Further victim-offender mediation is well established in many other parts of the world.

I will draw on my experiences of having worked with hundreds of offenders and victims in cases both in Perth and New York, by recalling productive and positive unexpected outcomes and how those outcomes were reported. I would alternatively play out a case scenario in an interactive workshop and see what transpires as a result of an improvised mediation using the facts from the original matter. The case (actual and mock) would be discussed in the workshop; how participants viewed the offences and made their decisions; how they would have written the report in a particular manner and why. I would then reveal what actually happened in the case.

Podcast: Listen to Gene talk about this session pre-kon gres (10.5 mins) >>

Gene is an Aussie Masters swimmer and while in the USA swam with Team New York Aquatics affiliated with US Masters Swimming. He endeavours to get in the water at least twice a week but particularly enjoys summer when participating in the organised open water swims off Perth beaches. Theatre and movies are another of Gene’s interest and living in Perth’s inner city area allows him to easily access and enjoy artistic offerings followed by coffee on the popular ‘Beaufort Street strip.’