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Justice Mediation

Restoring Harmony Through Communication

The Queensland criminal justice system offers a unique approach to resolving criminal matters: Justice Mediation, also known as Adult Restorative Justice Conferencing. This voluntary process prioritises dialogue and reconciliation between the victim and the offender.  By focusing on repairing harm and promoting accountability, Justice Mediation aims to foster a sense of justice for all parties involved.

Understanding the Process

How Justice Mediation Works in Queensland

Eligibility for Justice Mediation: Justice Mediation is typically used for minor offences heard in Magistrates Courts, such as theft, assault, property damage, and unlawful use of a motor vehicle. However, eligibility isn't solely restricted to these categories. In some cases, it may be applicable to more serious offences depending on the circumstances. Here are some factors that can influence suitability:

Severity of the Offence

Justice mediation is generally not suitable for violent crimes or those involving repeat offenders. The seriousness of the offence and the potential risk of re-offending will be considered during the assessment process.

Victim's Willingness

The victim's consent is paramount. The process hinges on their willingness to participate in open communication with the offender.

Offender's Acknowledgement

The offender needs to take responsibility for their actions and demonstrate a genuine desire to make amends.

Initiating the Process

Justice Mediation cannot be initiated without the victim's consent.  

How the process typically begins:

Referral:

The offender, the police prosecutor, the court, or a lawyer can suggest mediation at any stage of the criminal proceedings. This can occur before a court hearing or sentencing, but can even happen after a complaint has been lodged with the police.

Assessment:

Once a referral is made, relevant authorities will assess the case's suitability for Justice Mediation. Factors like offence severity, victim's willingness, and offender's remorse will be considered.

Pre-Conference Meetings:

If deemed suitable, the mediator will schedule separate meetings with the victim, the offender, and their support people. These meetings serve to explain the process, answer questions, and prepare them for the upcoming conference.

The Role of the Mediator:

A trained and accredited mediator facilitates the restorative justice conference. This impartial individual ensures a safe space for open communication, guides the discussion, and helps both parties reach a mutually agreeable resolution. Here are some specific qualities a mediator brings to the table:

  • Communication Skills - The mediator needs excellent communication and active listening skills to guide the conversation effectively and ensure both parties feel heard.
  • Conflict Resolution Expertise - The mediator's experience in conflict resolution helps navigate difficult emotions and facilitate constructive dialogue.
  • Neutrality - Maintaining impartiality is crucial. The mediator doesn't take sides or pressure any party into an agreement.

Participants in the Conference 

The core participants are the victim and the offender. Additionally, each party may bring a support person. In some cases, police officers, counsellors, or respected community members might also be present. Here's a breakdown of potential conference attendees:

 

The Aims of Justice Mediation  

The process of Justice Mediation aims to achieve several key objectives:

By giving the victim a voice in the process, Justice Mediation allows them to express the impact of the crime and potentially seek reparation. This can contribute to a sense of closure and healing.

The offender can take responsibility for their actions and understand the harm caused, which is crucial for rehabilitation and preventing future offences.

Successful mediation diverts cases from the overloaded court system, freeing up resources for more serious matters.

In some cases, mediation can mend relationships between the offender and the victim, fostering a sense of community harmony.

By directly addressing the crime and its consequences, Justice Mediation can help alleviate the victim's fear of further victimisation.

 

Benefits for Participants

Both the victim and the offender can potentially benefit from Justice Mediation:

Victims

Justice Mediation can empower victims by allowing them to express themselves directly to the offender and participate in crafting a resolution that addresses their needs. This can contribute to a sense of closure and healing. The process can also offer validation of their experience and a chance to regain a sense of control.

Offenders

Taking responsibility for their actions and making amends can be a crucial step in the offender's rehabilitation process. Understanding the impact of their crime could also help them prevent future offences. Additionally, successful completion of mediation can sometimes lead to a lighter sentence or even dismissal of charges.

 

The Steps Involved in a Justice Mediation Conference

Preparation

Before the conference, the mediator will meet with the victim, the offender, and their support people to gather information and prepare them for the discussion. This may involve discussing expectations, ground rules, and potential outcomes.

Opening the Discussion

The mediator will begin the conference by outlining the ground rules and ensuring a safe and respectful environment for all participants. This sets the tone for a productive and constructive dialogue.

The Offender's Perspective

The offender will be given the opportunity to explain their actions and take responsibility for the harm caused. This allows the victim to understand the circumstances surrounding the crime and provides a chance for the offender to express remorse.

The Victim's Perspective

The victim will have the chance to express the impact of the crime on their life, ask questions, and share their feelings. This is a crucial step in the healing process and allows the offender to fully comprehend the consequences of their actions.

Negotiating a Resolution

The mediator will facilitate a discussion where both parties explore potential solutions to address the harm caused by the offence.  This may involve an apology, compensation for damages, or a commitment from the offender to participate in counselling or rehabilitation programs. The mediator will ensure the discussion remains focused on finding a solution that benefits both parties.

Reaching an Agreement

If a mutually agreeable resolution is reached, the mediator will help document it in writing. This agreement will outline the steps the offender will take to make amends and the expectations on both sides.  Having a documented agreement ensures clarity and helps hold both parties accountable.

Follow-Up

In some cases, there may be a follow-up meeting to ensure the offender is fulfilling the terms of the agreement. This follow-up can provide support and ensure the offender remains on track with their rehabilitation.

 

Conclusion: Justice Mediation -  A Path Towards Restorative Justice

Justice Mediation offers a unique and potentially transformative approach to resolving criminal matters in Queensland. By prioritising communication, accountability, and repairing harm, it aims to empower victims, promote offender rehabilitation, and foster a sense of restorative justice within the community. While not suitable for all offences, Justice Mediation can provide valuable benefits to both victims and offenders seeking a path towards healing and moving forward.

Experienced Criminal Defence Lawyer

David Cole - Criminal Defence Lawyer & BarristerDavid is well respected by his peers for his thorough understanding of the criminal law and ability to provide clear, concise legal advice in his practice areas.

He is available to appear in all State and Federal courts in Australia, whether Local, Magistrates, District or Supreme and is happy to represent clients Australia wide. If you have any queries or have been accused of a criminal offence: 

Contact David Cole for expert legal representation & advice.

 

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