Restorative justice is a philosophy and a process that seeks to repair harm caused by crime or conflict. The goal of restorative justice is to bring together those who have been harmed and those responsible for the harm to work together to find a resolution that addresses the harm and rebuilds relationships. The process of restorative justice typically involves several steps:
- Preparation: Before the restorative justice process begins, those involved must be properly prepared and informed about what the process entails and what their role will be.
- Identification of harm: In this step, the focus is on identifying the harm that has been caused and the people who have been affected by it.
- Bringing together the parties: The next step is to bring together those who have been harmed and those responsible for the harm. This can be done through face-to-face meetings, group conferences, or other forms of communication.
- Facilitation: During the restorative justice process, a neutral facilitator is responsible for guiding the discussion and ensuring that everyone has a chance to be heard. The facilitator helps to create a safe and respectful environment for the parties to communicate.
- Discussion of harm: In this step, the parties are given the opportunity to talk about the harm that has been caused and how it has affected them. They also discuss their needs and how they would like to see the harm addressed.
- Agreeing on a resolution: Based on the discussion, the parties work together to agree on a resolution that addresses the harm and meets the needs of those involved.
- Implementation: The final step is to implement the resolution that has been agreed upon. This may involve making amends, compensating the victim, or making changes to prevent similar harm from occurring in the future.
It’s important to note that restorative justice is not a one-size-fits-all approach and the specific steps and processes used can vary depending on the situation. Additionally, not all cases are suitable for restorative justice, and it should only be used in cases where it is safe and appropriate to do so.
The Encounter
The encounter is a key component of the restorative justice process and is designed to bring the parties together to address the harm and find a resolution.
The process of an encounter in restorative justice typically involves the following steps:
- Preparation: Both parties involved in the encounter are typically given information about what to expect and what their role will be. They may also receive support and guidance from a facilitator to help them prepare for the meeting.
- Setting the stage: The encounter takes place in a safe and neutral environment, and the facilitator helps to create a respectful atmosphere for the discussion.
- Sharing stories: The person who caused harm is given the opportunity to take responsibility for their actions and explain what happened. The person who was harmed is given the chance to share how the harm affected them and what they need to feel restored.
- Listening: Both parties listen to each other, without interruption, and try to understand the perspectives of the other person.
- Agreeing on a resolution: Based on the discussion, the parties work together to agree on a resolution that addresses the harm and meets the needs of those involved.
- Implementation: The final step is to implement the resolution that has been agreed upon. This may involve making amends, compensating the victim, or making changes to prevent similar harm from occurring in the future.
It’s important to note that the encounter is a voluntary process and both parties must agree to participate. Additionally, not all cases are suitable for an encounter, and it should only be used in cases where it is safe and appropriate to do so. The success of an encounter in restorative justice depends on the willingness of both parties to engage in a meaningful and honest conversation about the harm that has been caused.
