Search results

This paper aims to present and discuss the findings from a qualitative study of victim-offender mediation meetings in two non-government organisations in Hong Kong between January 2015 and February 2016. It argues that mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member”. Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. In this specific context, therefore, mediators feel that reconciliation and reparation should be dealt with by the people in the offender’s network while the involvement of unknown macro-community members is discouraged.

The semi-structured interview was adopted for use in this study, and an interview schedule with 12 open-ended questions was prepared as a guideline for conducting the interviews.

Mediators in Hong Kong have a unique interpretation of the criteria for someone to be considered a “macro-community member” Confucian relational ethics emphasises that everyone lives in a personal nexus and wrongdoings will disturb this nexus. Reconciliation and reparation should be dealt with by the people in the network, and the involvement of macro-community members will certainly disturb this network.

This study was conducted by the author between January 2015 and February 2016 for the purpose of obtaining a doctorate. The paper has neither been published previously nor is it under review for publication in any other journal at this time.

The purpose of this paper is to select the best model among alternative models explaining the relationship maintenance in mediation.

Four alternative models are employed in order to select best fit model through the test of each construct using Korean and Indonesian firm data.

The settlement model out of four alternative models is the best fit model in both Korea and Indonesia. The nexus of experience-settlement is not similar between Korea and Indonesia. The nexus of cost-saving-settlement is similar between two countries.

The field manager and policy maker get useful information from the findings. In particular, Korea and Indonesia belong to different cultural clusters.

This study contributes to the mediation literature through the suggestion of hypothesized model of relationship maintenance intention in mediation.

This paper evaluates juvenile delinquency mediation in the West German judicial system. It describes three programs which spearheaded mediation in Germany. The evaluation concentrates on the influence of program organization and implementation on effectiveness of mediation. First, results from four studies that evaluate the oldest of these programs are reported. These studies deal with (a) the number of cases suited to mediation, (b) the actual amount of mediation, (c) the practicability of mediation as judged by program experts, and (d) the acceptance of mediation by victims and offenders. Second, a comparative analysis of all three programs is presented focusing on (a) program goals and (b) impact of implementation on the preselection of cases and the role of the mediator. An overall evaluation shows that media‐tion is an effective means of conflict management beyond petty offense; recommendations of the police proved helpful in selecting cases for mediation; the complexity of conflicts suggests a special training for mediators.

This paper aims to use the theory of planned behavior to evaluate factors that influence openness to participating in a victim-offender conference (VOC).

Consistent with theory of planned behavior recommendations, the study uses a vignette-based design to assess participation openness as willingness to participate in a VOC if they were victims of a property crime. It evaluates the goodness of fit of a hypothesized structural model of participation openness to the data and the utility of a theory of planned behavior model as opposed to simply an outcome-driven model.

Findings from a hierarchical linear regression illustrate that a theory of planned behavior model explains a greater percentage of participation willingness than does an outcome-driven model. Analysis using structural equation modeling suggests that participation openness is largely a function of subjective norms, anticipated affect and anticipated outcomes.

Limitations spring largely from sampling method and research design. Research implications pertain to the utility of theory of planned behavior in expanding research of VOC participation openness to include not only outcomes but also relational and contextual factors.

The manuscript identifies several implications for training facilitators, talking with prospective VOC participants and advocating for restorative justice programs.

Use of the theory of planned behavior as a lens for understanding openness to VOC participation gives researchers and practitioners a wider and more nuanced understanding of why people would generally be willing to participate in a VOC if they were the victim of an offense.

This paper reviews some recent criminal justice legislation and policy in England and Wales and considers whether the changes introduced genuinely implement new, restorative approaches or whether attempts have been made to use the rhetoric of restorative justice for other purposes.

The reinvigoration of restorative justice (RJ) within criminal justice has brought with it many opportunities but also significant challenges. The purpose of this paper is to explore the current considerations when providing a quality RJ service that meet the needs of victim, offender the community and the criminal justice system.

This paper is a personal viewpoint of the author obtained from working nationally in the criminal justice arena specifically advising on RJ to police forces, police and crime commissioners and others.

Findings suggest the provision of RJ in the UK is patchy, and the provision of a quality provision even more of a challenge.

Consideration given to the need for quality not to be sacrificed in the advancement of RJ and some of the implications of this.

Offers perspectives on the application of RJ in new and rapidly growing arenas.

The purpose of this paper is to review the development of restorative justice in Ireland since the publication of the Final Report of the National Commission on Restorative Justice in 2009. It argues that although the development of restorative justice in Ireland has progressed slowly, it has also progressed steadily. There are still obstacles in the path of developing a restorative justice framework on a national level for both adult and young offenders, however, all signs indicate that these obstacles can and will be overcome in the future.

The research for this paper was primarily a review of the very limited literature on restorative justice in Ireland.

The development of restorative justice in Ireland has undergone slow and steady progress over the last decade. While a great deal of work is still needed before restorative justice can be rolled out nationally, the progress that has been made suggests that there is a real future for restorative justice in Ireland.

Statistics on restorative justice in Ireland are very limited and referral numbers are still lower than what they should be.

Any research on restorative justice in Ireland will highlight the fact that more research and analysis is needed, especially in terms of measuring recidivism of offenders who take part in restorative practices.

This paper adds to the growing literature on restorative justice in Ireland.

This study seeks to provide an exploratory analysis of the level of satisfaction of citizens and police officers who participated in police complaint mediation. The New York City Civilian Complaint Review Board's mediation program served as the case sample.

A two‐page questionnaire, of multiple choice and open‐ended questions, was sent to the sample population (N=285) of officers and complainants who either had their cases mediated or fully investigated.

Complainants who participated in mediation were significantly more satisfied with the police complaint procedure, and the NYPD as a whole, than those whose cases were fully investigated. Two major areas of research concern also emerged from the data: a need for an analysis of the cases where complainants wish to avoid face‐to‐face meetings with subject officers, and a clarification of the expectations of mediation participants.

This study's low response rate (18.2 percent) warrants caution in generalizing the findings of this study. Another limitation to this research was the cross‐sectional survey design; a pre‐post survey design would better determine whether the sample bias existed.

This research helps to inform police and civilian oversight officials of the effectiveness of police complaint mediation. In addition, this study highlights areas which merit future investigation.

This paper is the first examination of the satisfaction of police complaint mediation participants in the United States. This research is helpful for police and civilian oversight administrators considering the establishment of such a program, or those seeking the improvement of an existing one.

The purpose of this paper is to compare family group conferences (FGCs) facilitated by police officers with those facilitated by a civilian along several dimensions including process, reparation agreements, recidivism, and time until failure.

Using observational data and juvenile histories of offending from the Indianapolis Restorative Justice Project, the authors attempted to answer four research questions: Are family group conferences facilitated by police officers procedurally different from family group conferences facilitated by civilians?; Are reparation agreements resulting from police‐officer‐facilitated conferences different from reparation agreements resulting from civilian‐facilitated conferences?; Did youths who participated in police‐facilitated conferences recidivate at different rates compared with youths who participated in civilian‐facilitated conferences?; Did youths who participated in police‐facilitated conferences have a longer time to failure than youths who participated in civilian‐facilitated conferences?

Generally, there appeared to be no major differences between conferences facilitated by civilians as opposed to police officers. Observations indicated that police officers seemed to lecture offenders more during the FGC and made more suggestions as to what should be in the reparation agreement. Youths who attended police‐officer‐facilitated conferences “survived” somewhat longer before re‐offending than youths who attended civilian‐facilitated conferences, although these differences were not statistically significant.

While subjects in the Indianapolis experiment were randomly assigned to family group conferences or a “control group” diversion program, subjects were not randomly assigned to conferences according to facilitator type. This limits the generalizability of the findings.

The study suggests tjat both police officers and civilians are capable of facilitating FGCs, consistent with restorative justice principles. For police departments interested in responding proactively to early juvenile offending and in strengthening ties with the community, FGCs provide an opportunity through police officer training and involvement as conference facilitators. In contrast, in communities where the police may be disinclined to commit officers to the role of facilitator, the findings suggest that civilian facilitators can also effectively coordinate FGCs.

The study adds to the restorative justice literature by further examining conference processes and outcomes. Additionally, it offers the first empirical examination of some of the concerns that have been raised about police‐ as opposed to civilian‐facilitated conferences. The finding that there were few differences between police‐ and civilian‐run conferences suggests that the police are at least as capable as civilians in facilitating FGCs. This suggests that FGCs could be implemented as part of a community policing initiative utilizing police officers as facilitators. Similarly, FGCs could be implemented as part of a community justice initiative utilizing civilians as facilitators. The key to successful outcomes is likely to be driven by fidelity to theoretical principles as opposed to the formal role of the facilitator.

The purpose of this paper is to locate, describe and analyze the differences between the way migrants from communal cultures and local communities in Western Europe resolve intra-communal and inter-communal conflicts, and to use the findings to propose a hybrid alternative model that may be able to bridge across identified differences. Such a hybrid model will facilitate enhanced integration and adaptation between host and migrant communities, contributing to improved conflict resolution outcomes.

This paper starts with an exploration, review and analysis of existing relevant literature describing refugee/migrant–host community interactions and their consequences. The second stage includes review and analysis of relevant alternative dispute resolution (ADR) literature. The third stage undertakes an examination and analysis of the practices identified in stage two, and the fourth stage proposes a method that uses potentially “bridging” practices by incorporating useful and relevant elements from host and refugee communities’ ADR mechanisms, in a way that may help resolve inter-communal disputes.

The paper demonstrates significant differences between host and migrant communities’ dispute resolution practices and the integrability of relevant ADR approaches toward creating a usable, hybrid, bridging approach to handle inter-communal conflicts.

The paper proposes a hybrid “bridging” host–refugee inter-communal conflict management model. The proposed model should be tested to prove feasibility and viability.

Should the proposed model prove useful, the practical implications may lead to the construction and use of different (hybrid) conflict management mechanisms in appropriate communities. Such mechanisms may lead to a reduction in the number and severity of inter-communal conflicts.

A reduction in inter-communal conflicts within the framework of a host–migrant interface may have strong positive outcome to inter (and intra) communal relations and may reduce friction, crime, marginalization, hostility and radicalization.

The paper highlights the challenges to both migrant and host communities when it comes to finding a common ground for resolving inter-communal disputes and offers a pragmatic hybrid model to bridge cultural and functional gaps and help promote mutually satisfactory outcomes.