By Linda Mochon
“People are happier, more cooperative and productive, and more likely to make positive changes when those in authority do things WITH them, rather than TO them or FOR them.” - Ted Wachtel
Dr. Lois Edmond shared this quote during a recent workshop titled “In This Together: An Overview of Restorative Justice and Restorative Practices” as an introduction to the context in which restorative justice and restorative practices operate. Mediation is about helping parties find a suitable resolution to a conflict or interpersonal issue. The goal of incorporating restorative practices into the mediation process is to continue to extend its objective beyond conflict resolution. Restorative practices emphasize relationship repair, community building, and the prevention of wrongdoing. When we read Wachtel’s quote with this in mind, we start to understand the role that mediators should and should not take in dispute resolution. Mediators are trained to be impartial and unbiased. This means that while guiding the parties through the conversation is important, it is crucial that they do not appear authoritative. Mediators must create a comfortable environment for parties to share their experiences and offer solutions in which they feel confident that the resolution was in fact their own and not imposed by the mediator. This is exactly what mediation is all about – not making decisions for the parties, but rather working with them to offer the tools and guidance they need to reach a satisfactory resolution on their own.
Restoring What?
In her discussion, Dr. Lois centers on this specific question in the context of restorative justice –exactly what are we restoring? The answer to this is case-specific because restorative justice is about repairing whatever was destroyed or taken. Whether it is trust, dignity or faith in humanity, restorative practices aim to help parties reflect and repair what has been lost. To that end, parties are given an opportunity and safe space to speak. Mediators must be ready for reflective practice and intense emotions. Some of the common questions to guide the conversation are:
- From your point of view, what happened?
- What do you remember thinking at the time?
- How have you and others been affected?
- What feelings or needs are still with you?
- What would you like to happen next?
While these are not to be followed as a script, they offer a good starting point to ensure that all parties feel included and that no one goes out unheard. Question 4 is important because it is the point in which the conversation becomes more real and human - this is where empathy begins because the parties must listen to each other unselfishly. Question 5 is about the practical actions that will help each party feel satisfied with the process of restoring and repairing.
Why incorporate restorative practices into mediation?
So, what exactly is the benefit of incorporating restorative practices into mediation? Dr. Lois shares some qualitative outcomes for both victims and wrongdoers. For victims, the restorative process improves satisfaction with the justice process because they can speak openly and freely, as well as a lower fear of victimization. For wrongdoers, the restorative process makes them feel greater confidence and less anxiety, as well as improves their employability and participation in further education.
Some contemporary trends in the restorative practice involve changing the focus and language we use to describe conflict – focusing on “relationships” rather than “rules”, “wrongdoing” rather than “crime” and “repairing” rather than “punishment”. This is transforming the way we view conflict and dispute resolution. Because much of what mediation is about is offering a more personable and flexible avenue for parties, mediators should pay attention to the benefits of these restorative practices and explore how these can be adopted into the mediation process itself. Whether it is the shift in language, the questions asked or placing a greater focus on repairing, restorative justice has a role to play within mediation.
Learn More About Restorative Practices:
- International Institute for Restorative Practices - https://www.iirp.edu
- Restorative Justice Council - http://restorativejustice.org
- Association for Conflict Resolution - https://acrnet.org