Criminal mediation is one way of solving criminal disputes in the united states of America , and has been used a lot in this domain , so the main example is the ( victim –offender) mediation , which raises the question of how does this system work? And what are its effects?
So in this section, we will discuss in (part one) how the VOM works, and what are its effects in (part two).
Part One: How Does The Victim-Offender Mediation (VOM) Work?
In general, mediation is directed by a neutral third party who can by what he had of skills and abilities focus on guiding the behaviors of the parties towards discussing the issues that need to be faced, while receiving separate and confidential communications from the parties until he reached a certain level of understanding with them that the conflict can be resolved.
So in my opinion, the mediator’s role is to try to reach a balance between the two parties of the conflict to encourage the exchange, and to facilitate the negotiations between them to reach a mutual solution that will hold reciprocal satisfaction.
However, the Victim-Offender Mediation (VOM) programs have focused on a restorative justice approach, which sees the actual victim of the crime as the party to be made whole, and the offender is held responsible for his or her actions. So it can be said that the VOM programs focus on the relationship, and healing the harm done to the victim.
This type of programs take place before trial, and involves the victim, the offender, the community in order to rebuild the trust, and to resolve the criminal conflict in a way that is fair to the parties.
Victim-offender mediation gives victims of property crimes and minor assaults the chance to meet the juvenile or adult offender, in a safe and structured setting, in a confidential atmosphere to hold the offender responsible for his or her crime while providing assistance and compensation to the victim
During the meeting or meetings, the victim is afforded the opportunity to seek answers to questions, such as why the offender chose him, what his incentives were. The victim is also given the chance to tell the offender about how the crime has affected him. It is during the portion of the meeting that the offender will often, for the first time, realize the level of emotional trauma caused by his or her criminal conduct. During the meeting, the offender also discusses his or her views about the crime, and this discussion will often finish in an expression of remorse for the harm that the offender has caused.
In a case referred to the Victim – Offender Mediation the participation of the victim in the mediation is voluntary, while the offender’s participation is mandatory without his lawyer, or if the defense lawyer was present he will have more passive role in the mediation process than his own client. Also, the offender is not allowed to participate in this program unless he admits his guilt. Often offenders are remorseful about having...