Community Mediation AmeriCorps Program: Meeting Conflict Resolution Needs in Communities by Joanne Galindo

The National Association for Community the Community Mediation Center in Nor- services. Community mediation centers Mediation (NAFCM), in partnership with folk, Virginia. Each AmeriCorps member rely on community volunteers to provide the Corporation for National and Commu- brings special talents to their service as- mediation, conflict resolution, facilitation, nity Service, has developed the Commu- signment. Their service has resulted in training, and outreach. The CMC Ameri- nity Mediation AmeriCorps Program. The too many benefits and success stories to Corps sites each have from 10 to 100 mission of the Community Mediation describe. volunteers. AmeriCorps members help AmeriCorps Program is to build safe and coordinate volunteers in various pro- peaceful communities by developing and grams: in schools teaching peace skills; promoting conflict resolution and media- Access to justice, teaching youth to deal for victim offender mediation services in tion programs with youth, diverse volun- with conflict, and building community juvenile justice cases; and in general teers, and the community. connections are vital needs that the mediation and family mediation services. Community Mediation AmeriCorps Pro- For example, in Gastonia, NC, Patsy has gram addresses through three main ini- recruited new volunteer community me- AmeriCorps members are serving in 14 tiatives: youth program development in diators. In Fredericksburg, VA, Tina ar- community mediation centers in Indiana, the schools and with other youth serving ranged the basic mediation training for Louisiana, Michigan, Minnesota, North organizations; volunteer mobilization and the volunteers she recruited. Carolina, Ohio, Oregon, Utah, and Vir- coordination; and community awareness ginia, building the capacity of community and education that expands access to mediation centers to enhance the public conflict resolution and mediation services. In order to meet community needs, CMCs safety of communities and youth through must publicize the services they provide volunteer-based conflict resolution proc- and educate the community about the esses and education. Many community mediation centers spe- benefits of community mediation and cialize in developing and promoting youth conflict resolution processes. Community conflict resolution programs that are both outreach and education are crucial, espe- The 22 AmeriCorps members that have preventive and interventive and are vital cially for under-resourced populations, as made the commitment to serve their to the health and well-being of our com- community mediation centers provide communities and local mediation centers munities. NAFCM’s AmeriCorps program mediation services regardless of an indi- are: RaeJean Clinton and Anna Lisa Gross implements youth program development vidual’s ability to pay. In Escanaba, MI, at the Conflict Resolution Center in Rich- through: conflict resolution education, Cyndy and Heidi conduct intensive out- mond, Indiana; Eric Carter, Stephen Lar- peer mediation, restorative justice, and reach to law enforcement, schools, and son, Jennifer Rodrigue, and Kenneth advocacy for these programs. For exam- other agencies. In Hickory and Morgan- Tompkins at Community Mediation Serv- ple, in Portland, the Canada and Sarah ton, NC, Juan has been instrumental in ices in New Orleans, Louisiana; Heidi are helping to develop a restorative jus- bridging the gap with the Latino commu- Charon and Cynthia Pouliot at UPCAP tice program in the schools. In Indiana, nity. Resolution Services Program in Escanaba, Anna Lisa and RaeJean conduct a Positive Michigan; Anna Bartels and Michelle Alternatives conflict resolution class for Lewis at Community Mediation Services suspended and expelled students. In partnership with community mediation in New Hope, Minnesota; Joanne Lee at centers, schools and the community, the Dispute Settlement Center in Carr- AmeriCorps members teach the skills of boro, North Carolina; Juan Ramirez at the One of NAFCM’s fundamental characteris- conflict resolution to communities across Conflict Resolution Center in Hickory, tics of community mediation centers North Carolina; Patsy McMillan at the Me- (CMCs) is the use of trained community volunteers as providers of mediation diation Center of the Southern Piedmont Community Mediation AmeriCorps in Gastonia, North Carolina; Rhonya continues on page 8 Lackey and Theresa Young-Oyebade at IN THIS ISSUE the Piedmont Mediation Center in States- Community Mediation AmeriCorps Program . . . . 1 ville, North Carolina; Cynthia Randall at VOMA, PRASI and NAFCM inaugurate new publication and start collaborative operations 2 the Conflict Resolution Center in Milwaukee’s Benedict Center Organizes Neighborhood-based Community Justice 3 Westlake, Ohio; Karsten Peterson at Me- Restitution: It’s Not Just About Money . . . . . 5 diation Works in Medford, Oregon; Sarah Surrogate Circles for Domestic Violence Survivors, Offenders, and Leaders . 6 Stark and Canada Taylor at Resolutions AmeriCorps Members Use Mediation Skills to Help Heal New Orleans . . 7 Northwest in Portland, Oregon; Sara An AmeriCorps Member’s Experience...so far . . . . 8 Johnson at Utah Dispute Resolution in Book Review ...... 9 Salt Lake City, Utah; Tina Minor at Rap- New Resources for the Practice of Restorative Justice . . . 10 pahannock Mediation Center in Freder- Building Relationships across Race, Ethnic Differences . . . 13 icksburg, Virginia; and Michele Battle at “We Need Our Conflicts to Make Us Strong” . . . . . 15 2 JUSTICE

Organizational Update NAFCM NAFCM, PRASI and VOMA inaugurate joint Irvin P. Foster publication and start collaborative operations National Association For Community Mediation 1527 New Hampshire Ave. N.W. Welcome to the first issue of Justice NAFCM representatives also presented Washington, DC 20036 Connections, a co-produced newslet- at the conference on the issue of re- (202) 667-9700 ter from NAFCM, PRASI, and VOMA. entry and how NAFCM is helping to [email protected] For the past year we three organiza- build relationships with the federal tions have been in focused conversa- government paving the way for a com- Hasshan Batts tions about ways to work together prehensive re-entry program that will Connie Bear King more collaboratively, through joint use community-based VORP and Me- Mary Ellen Bowen demonstration projects, creating a diation centers to meet the needs of Kristy Bradish common website, functional integration offenders, victims, and communities. Kara Inae Carlisle and other cost savings. The newsletter We’ve also explored several ideas for a Matthew Fairbank is one of our first concrete steps to- journal and a new certificate program Michele Gullickson Moore ward effective collaboration. with a nationally known university. Caroline Harmon Gene A. Johnson, Jr. Justice Connections will be sup- A PRASI anthology, which is publishing Joyce Jones ported by a new “publications working the voices of conflict resolution/ Mark Kleiman group” comprised of representatives of restorative justice practitioners of color, Dana Lofton each of the three groups. This group is close to publication. We’ll have more Barbara Timmons Strahl will help identify topics and authors, about it in a future edition of this Thomas J. Wahlrab ways to develop the websites, explore newsletter. A summary of our seven- the possibilities of a journal and other agency pre-conference last fall, entitled communication tools we might use to “Call to Action,” regarding social justice PRASI advance all three missions. and conflict resolution is nearing com- pletion. All three groups have also identified S.Y. Bowland new help in the area of development. Practitioners Research and Scholarship NAFCM hired Sarah Calderon early in Institute 7365 Old National Highway - Suite B. 2006, this Spring VOMA contracted Justice Connections Riverdale, GA 30296 with Steve Cramer, a professional de- (770) 997-2223 velopment consultant, and Kirby Ed- [email protected] monds will be taking a lead from the Justice Connections is a joint publication PRASI network. We have already of the National Association For Commu- Michelle Armster shared the costs of a fund raising da- nity Mediation, the Practitioners Research Roberto Chene Linda James Myers tabase, and have begun development And Scholarship Institute, and the Victim William Jones calls with representatives of the three Offender Mediation Association. organizations to coordinate funding Beth Roy Hilda Ryumon Baldoquin efforts. We welcome contributions, including Marlon Sherman short articles, literature reviews, case We continue to hold twice-monthly studies, program news, images and other calls with representatives of each interesting information. group to build relationships and to VOMA keep collaborative efforts moving for- Please send submissions to: ward. VOMA co-sponsored with the Editor Russ Immarigeon Barbara Raye & Doreene Langason American Association of Community 563 Route 21, Hillsdale, NY 12529 Victim Offender Mediation Association Corrections Professionals a conference (518)-325-5925 c/o Center for Policy, Planning & Performance in June 2006 in Miami Florida. Over [email protected] 400 people attended. We also were 2233 University Ave. W, Suite 300 able to work with our partners by hav- St Paul, MN 55114 Views expressed within Justice Connec- 612-874-0570, ing a pre-conference training on re- tions are those of the authors and not [email protected] storative justice and anti-racism where necessarily those of NAFCM, PRASI or a team of VOMA and PRASI trainers VOMA. Millicent Carvalho collaborated on the two-day training Sheri Gatts and have agreed to develop a curricu- Publishing Schedule Dale R. Landry lum of the training for broader distribu- Submissions Corneliu Loghin Scott Mather tion throughout our memberships and Issue Deadline in the offender treatment and victim Jane Riese #2 November, 2006 Oct 15 Susan Sharpe services communities. #3 February, 2007 Jan 15 Andrea Verswijver #4 May, 2007 Apr 15 Sheryl Wilson CONNECTIONS 3

Organizing for Change Milwaukee’s Benedict Center Organizes Neighborhood-based Community Justice by Kit McNally

Down in the grass, close to the roots, the would enable community providers to did so in space donated by one organiza- emotional sound bytes die out and com- offer treatment, education and other pro- tion. mon sense justice flourishes. In Milwau- grams all day in a secure, structured envi- kee, we call this Community Justice, not ronment where offenders would also do just because it happens in the community, community service to benefit children and That was November 1998. Today the DRC remains a partnership of community pro- but also because it involves the commu- families living in victimized neighbor- nity. hoods. viders, the House of Correction and the Sheriff. The 125 participants usually come by way of the courts with a sen- The Benedict Center, a hub of criminal In this way neighborhood providers would tence to the House of Correction with the justice reform initiatives located in down- bring positive culture and values to of- option of release to Day Reporting. Re- town Milwaukee, has always believed the fenders who would return home every storative Community Service is part of the best solutions are closest to the problems. evening to strengthen their responsibility curriculum. Serious noncompliance will Built on a rock-hard foundation of restora- to family and community. They would result in a return to incarceration. But tive justice in 1974, our small interfaith make positive connections within the there’s incentive to succeed. And they criminal justice agency has stayed close community and would demonstrate ac- do. One year after completion, about to its own roots throughout its activist countability for the harm done by their 87% remain free of involvement with the history. Community Justice, encompassing actions with positive outcomes for all in- criminal justice system. broad principles of restorative justice, was volved. ushered in by the Benedict Center hand in hand with people from all parts of Mil- Now the judges and county officials know waukee in the mid 90’s. The response was overwhelmingly posi- what the people knew from the start – tive. Ideas for enriching the concept were community justice is inclusive, restora- diverse and exciting. And when asked, tive, and transformative. It works. Today, a model Community Justice Center “Would you accept a pilot day reporting is the flagship for a statewide campaign center in your neighborhood?” almost to create an innovative Community Jus- every neighborhood say yes emphatically. Expanded Efforts tice and Neighborhood Reinvestment Act The Benedict Center carried the philoso- in Wisconsin. phy of community justice to the Mayor’s Victory took 18 months of continuous ad- Crime Commission in 2003 as a proposal vocacy within the community and within for a network of Community Justice Cen- Community Justice the system. The legion of citizen advo- ters throughout the City. The Centers, The shift to community justice started cates grew month by month. They urged staffed by trained volunteers, community with the Center’s longstanding Citizens’ groups they were members of to sign pe- prosecutors, neighborhood probation and Advisory Council to the Milwaukee County titions and to call and visit reluctant jus- parole agents, neighborhood police and Criminal Justice System. This diverse tice officials and County supervisors. even a neighborhood defender would be a group stands watch over conditions in the hub for diversion and re-integration of County Jail and other local detention fa- Overcoming Traditional Barriers residents who lived within the boundaries cilities in the public trust, but its overrid- served by each center. Diverse restora- ing goal is to expand alternatives to in- Milwaukee judges said, “Everyone in jail tive justice processes would take place at carceration at every level. needs to be there.” The County Board the centers to ensure accountability and said, “Corrections is the state’s job.” But support, for the victim and victimized the people prevailed. From the elite and communities . . . and for the offender. After studying surveys of emerging day powerful Greater Milwaukee Committee to reporting centers (DRCs) around the the homeless in line for dinner at St. country, the committee drew a blueprint Benedict the Moor, they came to testify. Two major working conferences yielded for a pilot DRC in Milwaukee –- for a They came from every County Supervi- an Action Plan and a strong 45 member Community Justice Day Reporting Center. sory District, they called, they wrote, and Community Justice Action Coalition The planners envisioned restorative jus- they circulated petitions. (CJAC). Thus armed, the Benedict Center tice as a process to divert defendants took the concept for a model Community from incarceration to the DRC, as well as Justice Center back to the neighborhoods. a process to accompany the delivery of And in the final vote, the DRC won mini- mal funding for a six-month pilot with all community service while participating in the DRC. but one vote. The people again came South Side Community Justice Center forward to work within the meager Community organizations, churches, law $150,000 allocated. The Benedict Center enforcement and elected officials were Citizens took their plan to the community, invited 45 agencies in to talk about subsi- invited to learn about community justice, getting on the agenda of block watch dizing services at the DRC for six months which led to what is now a rapidly evolv- groups, neighborhood organizations, sen- to demonstrate its success. Every agency ior centers – anywhere residents were volunteered. At the end of the discussion concerned about safety and quality of life. a consortium of nine agencies most finan- They explained the DRC alternative to jail cially able to provide extended services Milwaukee’s Benedict Center continues on next page 4 JUSTICE

Milwaukee’s Benedict Center Other Programs tournament with mixed youth and police continued from previous page Early on, community planners agreed the teams. Afterwards a peacemaking circle Community Justice Center would offer no will encourage respectful, non- confrontational discussion of issues and ing model Community Justice Center on programs to compete with existing serv- perceptions. Milwaukee’s near south side. ices in the community. Instead, through community justice professionals and trained volunteers, the Center facilitates Innovation grows as more schools, busi- Located in a former convent, the South connections with appropriate local pro- nesses and churches become involved in Side Community Justice Center serves grams and services. The Benedict Cen- the activities of the Community Justice one of the City’s oldest and most diverse ter’s Sentencing Advocacy Program trains Center, including coming together in a neighborhoods. English is not the first residents and volunteers to use Sentenc- restorative circle when residents return language for many and it’s quite possible ing Advocacy in Milwaukee (SAM), a web- home from prison. The family, neighbors, to hear Spanish, Lau, Polish and Serbian based clearinghouse of community pro- pastor, nearby business and if appropri- by walking far enough down a single main grams that can be worked into a struc- ate, victim, are invited to sit down with street. The cultures are rich, the resi- tured alternative plan. the returnee and his or her probation dents are working class poor, and industry agent to discuss the re-entry plan, offer is a vanishing commodity in the area. Justice 2000, a nonprofit assessment, suggestions, concerns and support. In referral and monitoring agency for indi- the process everyone in on the plan holds Citizens participated in planning teams viduals with mental health and drug prob- the offender accountable. and trained to participate in Justice Cir- lems is preparing to handle on-site as- cles and Community Conferencing. Other sessments to help place and case manage Funding, just like decisions and services, residents now are training to staff the individuals diverted from charging or de- must be collaborative. A small Commu- center as Community Resource Captains. ferred from prosecution to restorative nity Development block grant and rent justice processes at the Community Jus- from justice partners covers only the Jus- The police and Community Prosecutors tice Center. tice Center manager, a few supplies and were in on the planning from the start rent, and utilities. The Board is seeking and now have space at the Community Governing Activities corporate and private foundation support. Justice Center. Slowly Community Cor- For the time being the Benedict Center is The Governing Board of the Community rections is returning to the neighborhood the fiscal agent and supplies staff to help Justice Center is 51% people who live and model of supervision where the objective with goal fulfillment and development. work within the Center’s service area. is to keep the client out of the system by Aiming for a true partnership, the re- helping solve personal and community mainder of the board consists of elected A Grand Opening problems. officials from the area and criminal justice The model Community Justice Center, representatives working in problem solv- celebrating a Great Opening in August Municipal judges come to the Center to ing justice in the community. 2006, is the second step in a Benedict review Operating After Suspension cases Center initiative to make community jus- to help individuals resolve problems and This board will increasingly make deci- tice the norm and criminal justice the al- get their drivers licenses reinstated before sions that affect neighborhood safety and ternative in Milwaukee. The plan includes they are faced with criminal revocation quality of life in the community with a other distressed Milwaukee neighborhoods charges. In time, informal community goal of neighborhood revitalization and creating a network of Community Justice court at the center will dispose of other prosperity. Asset/deficit mapping is the Centers. low level charges that affect thousands of tool that will make this process highly men, women and youth. informative and valuable for residents. But the Campaign for Community Justice The police and Community Corrections doesn’t end in Milwaukee. Advocates Milwaukee’s District Attorney has made are both providing crime and offender throughout the state want more. They little use of diversion or deferred prosecu- mapping. Additional mapping from the are coming together in the Campaign for tion over the last four decades, but Com- city will locate absentee landlords, vacant Community Justice to advocate for modi- munity Prosecutors have embraced the buildings and lots, contaminated land and fications in Wisconsin’s stifling Truth in concept. The Public Defender is assisting other deficits. Sentencing legislation, and to seek a with rapid responders and may soon have Community Justice and Neighborhood an office at the Community Justice Center Much of the asset mapping has yet to Reinvestment Act that will draw from the for a Neighborhood Defender. occur through teams of area youth and best of Community Corrections Acts, es- University student partners. They will go pecially in areas of innovative revenue The DA’s Restorative Justice unit is now block-by-block to chart churches and pro- sharing, but take them a step further into staging community conferencing at the grams they offer, recreation centers, Community Justice, the progressive, re- Community Justice Center. Wisconsin businesses, schools, parks and other storative justice of the people. Community Services will bring mediation benefits to the neighborhood. and other restorative processes soon. Kit McNally is Executive Director, the And the Benedict Center supports Justice Police/community relations are tense in Benedict Center, 135 West Wells St., Circles for women involved in prostitution Milwaukee because of incidents of police Suite 700, Milwaukee, WI 53203, (414) and drugs as part of a deferred prosecu- shootings and beatings on the near north 3 4 7 - 1 7 7 4 , ( e - m a i l ) tion agreement with the criminal courts and south side of the city. To help ease [email protected]. For further in- and as a means to lift warrants and dis- some tension and foster constructive dia- formation about The Benedict Center’s full pose of violations in Municipal Court. logue the Community Justice Center is range of programs and services, visit its sponsoring a police/youth basketball website at www.benedictcenter.org. CONNECTIONS 5

Defining Restitution Restitution: It’s Not Just About Money by Sheri Gatts

At first blush, restitution to victims with several words and phrases in the transfer point. After checking on Sally, may appear to be just about the definition for restitution: amends, in- she called 911 on her cell phone. money. As I have learned more about demnification, redress, compensation, the principles and practices of restora- atonement, expiation, satisfaction, tive justice, however, I have come to repair, mend, acquire, restore, regain, Alice watched as the boys removed understand that restitution means fix, return, and relief. items from Sally’s purse. After they different things to different people. It had taken what they wanted, they is not just about the money. dropped her purse into a trashcan at In addition, several phrases appeared: the bus stop. They were laughing and swaggering, and apparently waiting When I started working in the field of for their bus. When the police arrived, • restorative justice about nine years The act of putting something in Alice pointed out the boys to the po- ago, I was hired to coordinate a working order again; lice. The four boys were quickly taken victim-offender conferencing program • The act of restoring to the rightful into custody and identified by Sally, for an agency that had been working owner; Alice and two other witnesses in the very successfully for about 20 years parking lot. Sally’s cell phone and • with court involved youth. The staff Recognition that a legal injury was $65 in cash were recovered from the was very invested in the juveniles do- sustained; and pockets of three of the boys. Her ing well and in helping them get their • Redress ordered by a court. purse and the other items inside were lives back on track. They gave little retrieved from the trashcan. thought to the victims. Any contact they might have had with a victim As you can see, the word money about restitution was viewed as a didn’t pop up at all. In fact, it is only Sally wrote a victim impact statement bother. The kid was doing so well implied in the word compensation. to the juvenile court about the rob- with their court ordered requirements, Restitution can, indeed, mean many bery. In her statement, she said, “I why couldn’t the victim just have a different things. have a heightened sense of fear little more patience? whenever I see two or more teenag- ers walking near me. I feel the need Illustration to clutch my personal things tightly About the time I was hired, “victim and look in all directions when they Here’s an illustration that might shed rights” legislation broadened the pass me. I feel my ability to go about more light on this concept. Let’s say scope of victim involvement in the my daily life in a safe, law abiding a woman, whom we shall call Sally, criminal justice system. For the first way has been compromised by the was walking from her car in a grocery time, victims were also considered a four boys who robbed me.” store parking lot toward the front primary client or customer of our doors of the store. It was a sunny, agency. It was time to begin redefin- unseasonably warm afternoon, and ing restitution and look at it in the Since none of Sally’s personal belong- there were several people coming and context of restorative justice. ings were missing, and she had no going in the parking lot. Four teen- financial loss, what sort of restitution aged boys ran up behind Sally; one of (or redress – or atonement – or satis- them shoved her from behind, knock- In our agency, for example, the word faction) might Sally find helpful? ing her to the ground. Another one of restitution on a court order means them grabbed her purse off of her money that the youth needs to pay to the victim for a financial loss. Our shoulder while she was struggling to First of all, she wanted recognition get back on her feet. The boys all ran computer database only gives two that a crime had occurred. She toward a bus transfer point about half options: restitution (money) or com- wanted the boys to know that a real a block away. munity service (hours). Court orders person had been harmed, and she are generally written with one or the wanted her day in court. Sally at- other, and sometimes both. In either tended the hearings for each of the A bus driver named Alice, who was case, the word restitution always four youth and told the court how standing in front of the grocery store means money. fearful she had been since the rob- eating a snack and waiting for her bery. She asked that each of the boys shift to begin, saw the whole thing provide 40 hours of community serv- happen. Alice ran to help Sally, while However, I conducted a quick Google keeping her eyes on the four teen- search on the Internet and came up aged boys as they ran toward the bus Restitution continues on page 14 6 JUSTICE

Surrogate Circles Surrogate Circles for Domestic Violence Survivors, Offenders and Leaders by Janine Geske, Anne Varichak and Kyle Leighton

In the criminal justice world, using re- In the second circle, four survivors told still and listen to anyone speak for a long storative practices within the context of their stories in intimate detail and dis- length of time,” she said, “but that cer- domestic violence has been a conten- cussed the impact that domestic violence tainly happened during the panel. There tious proposition. While the potential for had on them and their families. The was a palpable response. The reaction healing families may exist in the right speakers were women (one mother- of the men was about respect. A few situation, issues like power, control, and daughter team) who all are well along in said ‘I never understood what it was like the risk of re-occurring violence by the their own personal journeys of healing. to live with someone like me.’” abusers pose major problems for the The survivors had emotional and power- implementation of restorative alterna- ful stories. As each woman shared her Some of the speakers returned for the tives. With the serious potential impact experience with both emotional and third circle. When the men expressed of these factors, most restorative justice physical abuse, the room would become their gratitude to the women, the survi- practionners have concluded that design- incredibly silent. After they finished and vors responded by describing how the ing and offering a restorative option for as the talking piece went around the cir- circles were a great opportunity for them battered women is problematic. How- cle, the other participants shared their as well. A number of the speakers said ever, because of a special partnership initial reactions. One of the survivors they had never shared their stories with between a victim-support organization noted that she believed that everyone men before and felt it was very empow- and a batterers’ treatment program, the was there to help each other heal. ering to do so. One of the speakers also Milwaukee community is making head- said that she never really felt like anyone way into this area. “It was a moving experience to see the had so intently listened to her uninter- victims’ voice restored,” said Michele rupted story before, and telling it to the At the request of the Milwaukee County Wink, Director of Ending Violence group of men was healing. She de- Task Force on Family Violence (a victim Through Education at the Task Force. scribed that sense of healing by indicat- services non-profit focusing on domestic “The crime of domestic violence is one ing that she before entering into the cir- violence and children’s issues) and the that leaves victims powerless,” she said, cle she “had felt like she was carrying Alma Center (a batters’ treatment facil- “The restorative justice process helps to around a backpack full of boulders,” and ity), Marquette University Law School’s restore that power and their voice.” now it “felt more like stones.” Restorative Justice Initiative (MULS RJI) has been working with the advocates On the third day, the talking piece again After completion of the third circle, the and treaters to develop an innovative was passed around as members of the Alma Center instructors noted that all of restorative justice program to be added circle shared their reactions to the the men seemed to have learned a great to their programs’ existing curriculum. speakers’ stories. Many of the men con- deal. The men expressed an interest in Mindful of the serious and justifiable con- fessed that they thought a great deal continuing the circles. The participants cerns around using restorative justice about the women’s experiences and de- explained the process to other men that with domestic violence offenders—such scribed how hearing about these had not yet attended and encouraged as safety and power imbalances—domes- women’s lives was an eye-opening and others to participate. The Alma Center is tic abuse survivors were consulted be- life-changing event for them. One of the currently exploring ways to allow all of fore designing a circle process to use men revealed that although he had been the men to participate in the circles. with the batterers who are in a treat- through other programs, he had never ment program. All participants involved really understood the impact of his ac- In addition to the direct services that the thought it would be best to use surrogate tions as an abuser until he heard the Restorative Justice Initiative helps to survivors because the survivors could women speak directly. provide, such as programs like these, the speak about the impact of domestic vio- experience gained by the law students in lence, but they did not know the offend- “The major thing is that it was an developing these programs is invaluable. ers in the circle. These surrogate survi- empathy-building exercise. We saw a One of the main objectives for the Initia- vors are an integral part of the process. vast change in the men in relation to tive is to truly train community leaders, that,” said Terri Strodhoft, the Executive not just with classroom work and theo- The first three circles were held on three Director of the Alma Center. “The night retical perspectives, but with real world separate days in January 2006. The par- before the victims’ stories we asked the skills. ticipants included about ten members of men about the crime they committed the Alma Center’s batterer’s intervention and who was affected. At that time, all “Although many law schools assert that program, staff from the Alma Center and their responses were about themselves. they are developing future leaders, very Task Force, four survivor speakers, Re- After the panel they were actually trying few offer actual leadership training,” storative Justice Initiative students, and to put themselves in the victims’ shoes. Janine Geske (2005) wrote in a recent Professor Geske. The first circle included They were expressing the other point of edition of the Marquette Law Review, an overview of restorative justice and view besides their own.” which featured Restorative Justice as the group discussed the impact of do- part of the Annual Symposium on Alter- mestic violence. The men also at- Strodhoft went on to say that the re- native Dispute Resolution. “The breadth tempted to recognize how victims of do- storative justice component helped their and the infancy of the restorative justice mestic violence might feel. program in a few different ways. “These are not a group of people that could sit Surrogate Circles continues on page 8 CONNECTIONS 7

Local Spotlight AmeriCorps Members Use Mediation Skills to Help Heal New Orleans by Sabrina Dove

Orissa Arend wears many hats. As di- and engage in quality conversations cate for themselves and to negotiate rector of Community Mediation Serv- without alienating certain groups. with any system, be it insurance com- ices in New Orleans, she manages the Steve led the group as the deep-seated panies, federal agencies or even with center, and serves as a mentor and an issue of institutionalized racism finally their landlord. overall community referral resource for came to light. Group members had four AmeriCorps members who are initially skirted around the thorny is- currently working for her. Being a sue, referring to it in a more passive Soleil also is working with “Safe wealth of knowledge of the local com- manner as “race relations.” Streets”, an organization that is build- munity organizing scene, Arend has ing stronger and better relations be- helped to establish new connections tween the New Orleans Police Depart- between the AmeriCorps members and The mediation skills that Steve learned ment and the community. She seems local relief-oriented collectives and proved to be very useful during many to be especially inspired by the goals of non-profits, neighborhood associations, of the meetings. He often “reframed” this group and hopes that it will even- as well as with community mediators more provocative comments and al- tually provide a platform to transform and facilitators. lowed individuals to transcend once how community members perceive fixed positions. For example, when one conflict while enabling them to resolve “solution” raised was to “get more po- more of their own disputes (without The current crop of AmeriCorps mem- lice into the neighborhood,” Steve re- solely relying upon the police.) bers arrived in New Orleans with only framed this issue by asking if a need an informal knowledge of the field of for establishing a greater level of trust conflict resolution. However, all were in the community may lie beneath the Arend, Larson and Rodrigue all agree eager to learn mediation skills and put demand for more police security. that the opportunities for incorporating them to a practical use. Arend soon mediation skills into the New Orleans convened a mediation training for relief effort and communities are mani- these four volunteers at Community The challenge, according to Steve, is to fold. Soleil noted that the New Orleans Mediation Services. look beneath a group’s “demands” to relief effort has exposed huge dispari- highlight the true underlying “issues” ties among certain populations. These or needs. Steve also used active listen- disparities have highlighted a need for AmeriCorps members Steve Larson and ing skills to paraphrase community community members to learn more Soleil Rodrigue have both found crea- members’ ideas. Such a technique en- effective negotiation, self-advocacy, tive ways of incorporating their media- sured that everyone felt both heard and better communication skills to en- tion skills into their projects and have and understood. able them to create more positive out- even formed a “mediation skills niche” comes for themselves as they work within some of the communities they within different systems. serve. Overall, Steve thinks that Katrina has enabled neighborhood associates to truly explore “what they really value” Another way mediation skills could be Steve Larson traveled to New Orleans and “what it means to have a true used and taught is within relief organi- all the way from Shoreview, Minnesota, community”. He feels very honored to zations, an environment where nerves just three weeks after Katrina’s initial be doing this work and thinks that al- are often frayed and tempers can flare deluge. He has been most interested in though many New Orleanians are on a whim. Volunteers at many relief combining newly acquired mediation grieving and in a state of trauma, there organizations hail from every state and and facilitation skills to work with non- is a real value that they hold towards vary greatly in terms of their back- profits and neighborhood associations. neighborhoods and building strong ground and expectations. College stu- Arend connected Steve with the Algiers communities. dents, young twenty-somethings, doc- neighborhood association group. Al- tors, anarchists, and middle-aged blue- giers, a mixed race district located on collar workers all work, live, and eat the west bank of the Mississippi River, Soleil Rodrigue had only a vague un- together in very close quarters within was one of the only neighborhoods in derstanding of mediation before she some relief organization settings. New Orleans that did not flood. Steve arrived in New Orleans from the North- convenes and co-facilitates many of east. But she quickly grasped how re- the community’s neighborhood asso- lated skills could be used in many set- Given these circumstances, interper- ciation meetings. tings. She currently works as a Legal sonal conflict is an almost inevitable Coordinator for Common Ground Legal, outcome. However, teaching relief a collective located in New Orleans’ workers mediation and effective com- The facilitation process has been a se- lower ninth ward. One of Soleil’s main munication skills could make the dif- ries of rewarding challenges for Steve objectives is to impart self-advocacy and his co-facilitator. It’s especially and negotiation skills to her clients. difficult to gather a large diverse group Many clients soon learn how to advo- AmeriCorps In New Orleans Continued on page 14 8 JUSTICE

Personal Account Community Mediation AmeriCorps continued from page 1 An AmeriCorps Member’s Experience...so far by Cynthia Randall the country, fostering partnerships and civic engagement for peace. NAFCM and AmeriCorps are working together to make My experience as an AmeriCorps vol- listened and heard from adults and our vision of stronger, interconnected unteer community mediator has been a youth many personal stories echoing communities a reality. very enlightening experience. Al- fear, anguish, and apprehension re- though I have only served eight garding past and future relationships. I Joanne Galindo is Senior Director, Na- months, I already realize that it is es- heard about endeavors that appear in tional Association for Community Media- sential for community mediation and jeopardy of estrangement, and/or cer- tion, 1527 New Hampshire Ave., NW, other forms of conflict resolution to tain disappointment due to the inabil- Washington, DC 20036, (202) 667-9700, thrive. There are still a number of ity, or lack of skills, to meet the chal- (e-mail) [email protected], (website) communities, populations, and social lenge of various oncoming conversa- www.nafcm.org. She is also director of NAFCM’s AmeriCorps Program. arenas that can benefit from our serv- tions. I became filled with compassion ices. Nevertheless, the true challenges and empathy for these members of the appear to be the development of a community, and committed myself to Surrogate Circles conscious awareness of our skills and the services to be provided. continued from page 6 accessibility in the communities we serve, as well as volunteer recruitment As I studied to familiarize myself with movement in our communities afford law and training in those communities. various curricula, I began to employ students an incredible opportunity to the learned skills in my daily life, and train and develop as leaders in a field In the beginning, I must admit I had a put them to the test and through the that cries out for standards and creativ- very limited idea of the use of media- fire. Each time I succeeded in estab- ity,” she wrote, “The most important tion, and my mind never discerned the lishing my ground, holding firm in the benefit of teaching restorative justice in connection between mediation and face of angry outbursts, and avoiding a law school is that the students develop conflict resolution. Nevertheless as I muted silence, I could sense a spirit of the vision, the skills, and the passion to learned more and more about the pro- well-being through accomplishment. positively transform our justice system.” grams offered by the agency where I These personal successes became my am assigned, a clear picture began to strength and determination to relay the The introduction of restorative practices form, and I could see the real impor- required information to our agency’s to this controversial area was a great tance of the services we rendered. many consumers. I became a living learning opportunity for everyone in- volved. The speakers experienced em- witness to the power of anger man- powerment and healing, the men learned I work for the Conflict Resolution Cen- agement, conflict resolution, bully pre- about empathy, and the facilitators ter of the West Shore Inc. in Westlake, vention, and the processes of media- learned what has the most impact on the Ohio. At present the agency offers tion to make a positive difference in participants. The information gained in truancy, family, and neighbor media- the way one addresses, triggers, and these circles can be used to modify the tion, bully prevention, gun safety, and challenges in everyday life. next ones to provide an even more mov- peer and basic mediation training. We ing experience. conduct two anger management Now I believe it is essential to market classes per month for teens and adults our service to wider bands of our popu- References and teach conflict resolution to various lation. Anger management, conflict residents in different locals. We con- resolution, bully prevention, and me- Geske, Janine (2005). Why Do I Teach duct private, one-on-one anger man- diation are all processes of communi- Restorative Justice to Law Students? agement consultations for a fee, and cation where age, gender, nationality, 89 Marquette Law Review. 2. 327, 333. we host summer peace camps for or financial income creates no bounds. youth and other organized fun/peaceful The only boundaries are learning or not activities. learning, and knowing or not knowing Distinguished Professor of Law Janine the skills and techniques of how to en- Geske is the Executive Director of the Since I began in November 2005, I gage in promising conversation. Restorative Justice Initiative. have participated in conflict resolution/ bully prevention sessions with children In closing, I hope this message will Anne Varichak is a law student member in a YMCA childcare program, partici- serve to inspire many community me- of the Restorative Justice Initiative. pated in middle school health fairs, diators to continue with great effort to assisted with a peer mediation training, reach out, teach, and serve as many as Kyle Leighton is the Restorative Justice conducted numerous truancy media- possible. Initiative Assistant. tions, assisted with a couple of in- ([email protected]) school bullying prevention classes. I have also taught about six or seven Cynthia Randall is AmeriCorps Com- Restorative Justice Initiative anger management classes to teens munity Mediator, Conflict Resolution Marquette University Law School and have provided a number of one- Center of the West Shore Inc., 24700 Sensenbrenner Hall on-one sessions with individual teens Center Ridge Rd., Suite 6, Westlake, PO Box 1881 needing to learn anger management OH 44145, (440) 808-1111, (e-mail) Milwaukee, WI 53201-1881 techniques. During these activities, I [email protected]. (414) 388-7924 CONNECTIONS 9

Book Review Institutionalizing Restorative Justice review by Russ Immarigeon

Institutionalizing Restorative Justice institutionalizing restorative justice, and alization of penal mediation in France. Edited by Ivo Aertsen, Tom Daems and more general analyses of the institution- Jurist Kent Roach criticizes the limited Luc Robert alization of restorative justice. application and applicability of restora- Willan Publishing tive justice in Canada. And, Robert $45.00 (paper), 313 + xx pages (2006) Michael Tonry of the University of Minne- MacKay examines policy group develop- sota opens with the observation that ment of restorative justice principles and The Belgian editors of this new collection little is linear between crime and pun- practices in England and Wales. MacKay of articles open with a reference to a ishment, and therefore it is imaginable gives critical attention to the need for study, several years ago, that listed the and feasible to establish “different reac- group dialogue on eight important issues publication of more than 60 volumes in tions to similar crime problems.” Tonry – the relationship between restorative the ten-year span between 1993 and also notes those conditions, such as the justice practice and the legal system, 2003. As one of the authors of this arti- existence of Aboriginal cultures, non- the relevance of rights, the general im- cle observed, “No other justice practice moralistic cultural traditions, low levels portance of volunteerism, proportionality has commanded so much scholarly at- of politicizing criminal justice policy, on reparative agreements, restorative tention in such a short period of time.” non-partisan criminal justice practitio- justice as process or outcome, the utility In response, the editors, all associated ners, dispersed governmental political or impact of remorse, matters of neu- with the Catholic University of Leuven, authority, and modest traditions of harsh trality and impartiality, and regulation- note that the flow of “restorative justice” penalty structures, that “conduce or oriented aspects of expressed principles. books continues. Offhand, I can think of constrain the initiation and elaboration at least 20 in the past few years. Plus, of RJ initiatives.” Later articles in this collection include as the editors suggest, there are “nu- Pat O’Malley’s valuable discussion of the merous publications in Dutch, French, Dutch scholar Hans Boutellier examines relationship between risk and restorative German, Spanish and other languages the relationship between public safety justice (with reflection on drug harm that are largely not accessible to the and restorative justice, and New minimization programs), and Roger Mat- English-speaking community (that) have Zealand-based historical sociologist John thews’ estimation that recent empirical seen the light of day.” Pratt observes that restorative justice studies have highlighted important cri- reforms can be linked to earlier “evan- tiques of restorative justice (including its Ivo Aertsen, Tom Daems and Luc Robert gelical” reforms of the 19th-century as worth in reducing recidivism). Barbara gamely take this as a challenge for them well as the alternatives to incarceration Hudson, the sole female contributor to to justify yet another collection of arti- movement of the 1980s. Pratt also ob- the volume, examines several critical cles on restorative justice. So, right-off, serves that restorative justice-based issues, including “the blurred concep- the editors state that this collection will reforms often share characteristics with tion of community” in restorative justice. focus on institutionalizing restorative emotive and frequently punitive devel- justice, or focus “on how RJ finds its way opments. Conclusion into contemporary societies and their In the end, while the matter of “institu- respective criminal justice systems.” It is At the core of Institutionalizing Re- tionalizing” restorative justice is indeed not, however, a practical guide to insti- storative Justice the editors present important, the editors have only begun tutionalization. Rather, it is intended to case studies, six in all, from Belgium, to scratch the surface of this topic. This bridge the gap between practitioners Canada, England and Wales, France and in itself is a valuable service, but more who work on establishing programs and the Netherlands that focus on recent needs to be done. As the fields of me- theorists and other observers who “re- examples of the institutionalization of diation and restorative justice form flect on developments in the field of restorative justice. Ivo Aertsen describes deeper and longer-lasting partnerships, punishment and social control.” a mix of prison-based victim-offender it will be interesting to learn about how mediation, conferencing and restorative mediation, which has a longer history, Articles justice programs in Belgium where pro- has dealt with, or struggled with, the The articles in this volume, a dozen in grams are being developed for both ju- “institutionalization of mediation.” all, were largely presented, originally, at veniles and adults. John Blad notes that a 2004 conference on “The Institution- restorative justice in the Netherlands is Moreover, in their closing commentary alization of Restorative Justice,” which emerging in informal justice practices, the editors examine the semantics of was held at the Department of Criminal such as in neighborhoods, schools and restorative justice, the internationaliza- Law and Criminology of the Catholic the workplace. Adam Crawford examines tion of restorative justice, and the im- University of Leuven, Belgium. The arti- youth justice restorative justice initia- portant matter of the gap between re- cle writers in this collection are mostly tives in the context of recent political storative justice ideals and their imple- well known and established academics aspects of crime policies and practices. mentation. from Belgium, Canada, France, New He identifies tensions between those Zealand, the Netherlands, the United who are management-oriented (profes- Institutionalizing Restorative Jus- States, and the United Kingdom. Over- sional) and those who are more flexible tice can be obtained directly from ISBS, all, these articles cover the broad social in approach (citizen-based). In another Inc., 920 NE 58th Ave., Suite 300, Port- context for the institutionalization of article, Jacques Faget distinguishes the land, OR 97213-3786, (800) 944-6190, restorative justice, recent processes of autonomous and dependent institution- (website) www.isbs.com. 10 JUSTICE

Resources New Resources for the Practice of Restorative Justice by Russ Immarigeon

Victims & Restorative Justice In Understanding Victims and Re- that we should address practices that British practitioners and theorists are storative Justice (Open University go beyond “the ideal victim,” meet vic- producing a groundswell of work on Press, 245 pages, 2005), James Dig- tims’ needs without attaching offend- restorative justice-related subjects. nan provides a profoundly helpful in- ers’ rights, and take a more balanced Among the latest contributions are a troduction to victims, victimization, and broader approach to addressing series of introductory volumes that victimology, victim-focused policymak- victims’ needs. Victims of Crime and offer valuable glimpses at the general ing and restorative justice. In examin- Community Justice can be obtained field of restorative justice, the use of ing both the “victims’ movement” and from Jessica Kingsley Publishers, PO restorative justice in prison settings, the “restorative justice movement,” Box 960, Herndon, VA 20172-0960, the relationship between victims and Dignan, who is Professor of Criminol- ( 8 6 6 ) 4 1 6 - 1 0 7 8 , ( w e b s i t e ) restorative justice, and the relationship ogy and Restorative Justice at the Uni- www.jkp.com. between victims and community jus- versity of Sheffield, sheds light on each. In particular, he laments “con- tice, a close consort of restorative jus- Prison-based Restorative Justice tice. Each of these volumes do an ex- sensually acceptable definition,” but cellent job of integrating theory and nonetheless establishes functional In the United States, practitioners and practice, and all are recommended for frameworks. In the end, he argues for reform advocates have dabbled with those activists or citizens becoming greater realism in our assessment of the use of restorative justice in pris- involved with restorative justice for the restorative justice’s strengths and ons. In fact, a few good empirical and first time, as well as for professionals weaknesses, for establishing additional practice-centered articles or reports who are engaging in the field as part criteria for assessing and measuring have appeared. A decade ago (or so) I of their career in criminal justice. the value and worthiness of restorative wrote a brief report on the subject for justice, and for focusing greater atten- the Mennonite Central Committee. At tion on the need to balance the some- the time, as is now the case, there In Criminal Punishment and Re- times competing and seemingly con- was scattered interest, but nothing storative Justice: Past, Present flicting interests that are stirred in the systemic or institutionalized. So it is of and Future Perspectives (Waterside aftermath of criminal conduct. Under- interest to see the topic examined in Press, $49.95, 188 pages, 2006), for- standing Victims and Restorative greater detail. In Restorative Justice mer prison Governor David J. Cornwell Justice can be obtained at (website) in Prisons (Waterside Press, 134 provides comparative perspectives on www.openup.co.uk. pages, 2006), Kimmett Edgar and Tim the use of criminal punishment and Newell introduce the main aspects of restorative justice. In particular, Corn- restorative justice theory and princi- well carefully examines “the forces In Victims of Crime and Community ples, identify the possible use(s) of that constrain more emphatic adoption Justice (Jessica Kingsley Publishers, restorative justice in prison settings, of restorative methods against a back- $28.95, 176 pages, 2005), Brian Wil- describe six dimensions of a prison- ground of increasing worldwide reli- liams makes an aggressive effort to based organizational “culture web” ance on (penal) custody, ‘tough solu- capture the processes that various (power structures, organizational tions,’ and punitive thinking.” Cornwell policymaking bodies have attempted, structures, control systems, routines affirms the ability of restorative justice in recent decades, to change the and rituals, myths and stories, and to reverse these trends “by challenging planned and incidental ways we con- symbols), suggest feasible approaches offenders to take responsibility for sider victims and offenders, and espe- to implementing restorative justice in their offenses and to make practical cially their relationship to one another, prisons, clarify recent British trends, reparation for the harm that they have in the criminal justice system. Wil- and propose a range of challenges fac- caused – developments that would liams, who is a Professor of Commu- ing the introduction of restorative jus- serve to make corrections more effec- nity Justice and Victimology at De tice into prisons. Taking a more hands- tive, civilized, humane, pragmatic, Montfort University in Leicester, is on, practical approach to their subject, non-fanciful and less driven by the of- keenly aware that not everything done Edgar and Newell, a policy advocate ten ill-considered politics of the mo- in the service of victims (or offenders and a former prison Governor, not only ment.” This volume also contains for that matter) is necessarily for the describe specific prison-based restora- commentary from an important set of best (or even for the better). Accord- tive justice projects, but also detail a international observers of restorative ingly, his account is stimulating and list of areas wherein restorative justice justice, including Judge Fred McElrea challenging, as he addresses theoreti- can be feasibly applied, including sen- (New Zealand), John R. Blad (The cal topics such as community justice or tence planning, mediation, staff Netherlands), and Robert B. Cormier restorative justice, as well as day-to- awareness of victim needs, prisoner (Canada). Criminal Punishment and day practice issues such as victim awareness of restorative justice and Restorative Justice can be obtained compensation payments, keeping vic- networking. They warn, rightfully I directly from ISBS, Inc., 920 NE 58th tims informed of what the criminal jus- think, of “faltering first steps” and Ave., Suite 300, Portland, OR 97213- tice system is doing with offenders, 3786, (800) 944-6190, (website) and the provision of direct services to victims themselves. Williams argues Resources www.isbs.com. continues on next page CONNECTIONS 11

Resources Dept., 325 Chestnut Ave., 8th Fl., of restorative justice on women’s lives. continued from previous page Philadelphia, PA 19106, (215) 625- The cost for a two-year (4 issue) sub- 8900, www.tandf.co.uk/journals.. In- scription to the Restorative Direc- public misunderstanding and appre- formation about receiving the journal tions Journal is $48.00US or hension. In the end, they say, “tradi- as part of membership in the Justice $55.50Canadian, which includes post- tional prison culture cannot be seen as Studies Association, which costs $38 age. To subscribe, contact John Charl- adequate to the demands of social in- to $78 per year depending on income, ton, Publishing Editor, Restorative clusion, resettlement and reintegra- is available at www.justicestudies.org. Directions Journal, PO Box 511, tion.” Restorative Justice in Prisons Tweed, Ontario, Canada K0K-3J0, can be obtained directly from ISBS, (613) 478-1052, (e-mail) [email protected], Inc., 920 NE 58th Ave., Suite 300, Also recently released is a new issue of (website) www.rdj.ca. Portland, OR 97213-3786, (800) 944- John Charlton’s Restoration Direc- 6190, (website) www.isbs.com. tions Journal and the results are quite interesting on two accounts. FGCs & Child Custody First, the journal has a new format and Restorative Justice Journals A recent issue of The British Journal it actually looks like a journal, com- of Social Work (Vol. 36, No. 4: June Restorative justice continues to receive plete with glued binding. More impor- 2006) contains two articles of interest extensive coverage in academic and tantly, the issue, dated May 2006, con- to those readers who follow interna- reform journals. In the latest issue of tains 11 articles, most of which cover tional developments with the use of the ever reliable, always intriguing topics related to the issue’s theme, family group conferences. In the first, Contemporary Justice Review (Vol. Women, Incarceration and Restorative Marie Connolly, the Chief Social Worker 9, No. 2, June 2006), four articles fo- Justice. More specifically, Natasha with the Department of Child, Youth cus on restorative justice issues: Gay Durich reviews restorative options for and Family Services in New Zealand Maxwell and Hennessey Hayes survey female offenders; Alison Pedlar, Felice reports on the professional experience extensive developments on restorative C. Yuen and Julie E. Thompson de- of Care and Protection Coordinators, justice practices in the Pacific region, scribe a restorative justice approach who use FGCs in child care and cus- where customary practices play as im- toward working with imprisoned tody cases. In the article, Connolly, portant a role as recent family group women; P.J. Verrecchia and Dominique who has widen extensively on FGCs, is conferencing initiatives (this article is a T. Chlup, in separate articles, examine especially interested in examining expanded version of an article the restorative justice as a gender-specific how, over the first fifteen years of the authors prepared for inclusion in A option for delinquent females and New Zealand legislation inaugurating Handbook of Restoration Justice, adult women; Mary E. Gilfus asks if the use of FGCs worldwide, these pro- edited by Gerry Johnstone and Daniel restorative justice can restore justice fessionals became involved with this W. Van Ness, that Willan Publishing is for women under correctional control; work, how they interpreted the legisla- releasing in the next few months); Monica K. Miller identifies methods of tion, what keeps them on the job, and International Bar Association attorney avoiding policies that harm children, how they manage tensions among Lorna McGregor assesses the introduc- women and society; and Carolyn various child care and custody models. tion of reconciliatory (versus human Boyes-Watson looks into peacemaking In the second article, Margaret Bell rights) approaches to situations, such circles that are used with young and Kate Wilson, writing from England, as those found in Sri Lanka and South women in poor communities. examine the perspectives of 20 chil- Africa, that involve mass atrocities; dren between the ages of six and six- Canadian criminologist Kimberly N. teen who were involved with a FGC Varma reports empirical findings that Articles in this volume are of mixed pilot project. Bell and Wilson note, suggest the public is more favorably length and are peer-reviewed. In one “(The children) mostly valued the ex- disposed to the use of restorative jus- article, a prison-based program for perience of being consulted and wel- tice in cases involving youthful offend- women, aimed at increasing interac- comed opportunities for families to ers when it has more, rather than less, tion between incarcerated women and develop relationships and work to- information about the offender’s back- community-based volunteers, nurtured gether on issues, free from the atten- ground and current situation; and Brit- opportunities for restorative justice as tions of social services.” The British ish academics Amanda Robinson and it established a sense of community Journal of Social Work is available Dee Cook examine the causes and within the prison. In another article, from Oxford University Press, Journals consequences of “victim retraction” in caution is given about the limits of re- Customer Service Department, 2001 cases in specialized domestic violence storative justice, because of some Evans Rd., Cary, NC 27513, (800) courts that include “strong multi- women’s minimal connection to com- 853-7323. agency partnerships.” munity, the nature of their offenses, or their history of being physically or sexually abused, and the need for so- Native Americans and Restorative Editor Dennis Sullivan also offers some cietal acceptance of its responsibility Justice insightful comments on the rush to for conditions of inequality and injus- incarcerate, and otherwise up the pu- tice. Yet another article asserts that, The mediation, restorative justice, and nitive ante against, sex offenders in while useful, peacemaking circles are social justice literature is replete with many states. Subscriptions to Con- not a panacea. Overall, this collection references to inspiring and inviting temporary Justice Review are $68 of articles delves, in timely fashion, for four issues a year; they are avail- into the under-explored area of Resources able from Taylor & Francis, Journals women’s incarceration and the impact continues on next page 12 JUSTICE

Resources victims into restorative justice prac- families, victim counselors, and mental continued from previous page tice. Crime victims, of course, ought to health practitioners can establish an be at the center of restorative justice, environment that coerces offenders to indigenous people’s statements or per- along with criminal offenders, but the apologize or express remorse. Lastly, spectives, but less evident is an un- actual integration of victims into the Alexander finds “a growing body of derstanding of the social, economic restorative justice process is complex, research and literature that suggest(s) and legal context from which emerge and sometimes even difficult to that taking responsibility does not lead practices such as family group confer- achieve. Integrating Victims in Re- to rehabilitation. Forced to accept une- encing or peacemaking circles. This is storative Youth Justice (The Policy quivocal blame or responsibility by unfortunate for many reasons, so it is Press, $26.95, 2005) empirically ex- treatment professionals, offenders in- fortunate that Jeffrey Ian Ross and amines qualitative and quantitative variably embrace the ‘bad’ self, be- Larry Gould, of the University of Balti- data from a six-month cohort of cases come depressed, and commit further more and of Northern Arizona Univer- handled in the year 2004 by the Re- criminal behaviors.” This article ap- sity respectively, have edited Native storative Justice Team of the Leeds peared in the Journal of Policy Prac- Americans and the Criminal Justice Youth Offending Service. This re- tice (Vol. 5, No. 1, 2006, pp. 67-81), System (Paradigm Publishers, 2006, search investigation found that victim which can be obtained from The Ha- $35.00). In this vital new collection of involvement is typically low, but that worth Press, Inc., 10 Alice St., Bing- 16 articles, three stand out as espe- Victim Liaison Officers are especially hamton, NY 13904-1580, (800) 429- cially relevant for those of us working helpful for assuring “appropriate (vic- 6784. in mediation and restorative justice. In tim) role and voice.” Key findings in- these articles James W. Zion examines clude: victim absence raises significant the simultaneous rebirth of traditional concerns about victim representation; Publication seeking writers indigenous law and the mergence of often, victims are informed only when Life Blossoms is an effort to combine restorative justice (Zion feels both they make the appropriate request; the poetry and prose of both the im- have come about, in part, because of victim contact work is labor-intensive, mediate family members (e.g., spouse, growing disenchantment of typical especially when businesses or corpora- sibling, parent, child, grandchild, or state processes); William Archam- tions are involved; and victims should grandparent) of homicide victims as beault examines “the antithetical dif- be given alternative means of having well as individuals who have been con- ferences” between “native and prison input into restorative justice meetings. victed of homicide offenses. The goal management subcultures” (Archam- Overall, victims were highly satisfied is to establish a “dialogue of healing” beault laments the foreign environ- with the Leeds Youth Offending serv- for all those who have been impacted ment of penal institutions and reports ices Restorative Justice Team. For cop- by such crimes. on struggles to establish Native Ameri- ies, contact International Specialized can healing cerelonies);” and Marianne Book Services, Inc., 920 NE 58th Ave., O. Nielsen, Dorothy Fulton and Ivan Suite 300, Portland, OR 97213-3786, Anyone among these two groups of Tsosie examine “culturally knowledge- (503) 287-3093. individuals who would like to find out able and sensitive services to youth, more or would like to participate in their families and their community” this project, may contact Life Blos- (Nielsen and her colleagues argument Coercion & Restorative Justice soms directly or at its website. The that the more Navajo control their In a recent article, “Restorative Jus- program will send you a packet of in- programs, the more likely Navajo con- tice: Misunderstood and Misapplied,” formation detailing an overview of the tent will prevail). Other articles cover Ohio State University social worker project, guidelines for submission of Navajo justice, criminalizing culture, Rudolph Alexander, Jr. raises critical works, and where to send your mate- environmental policy, law enforcement concerns about the use of legal or leg- rial. and policing, treaty rights, gaming, islative coercion for offenders to and juvenile delinquency. Of critical apologize or state remorse, a matter importance, the editors state, is our Interested parties who have completed Alexander argues is at odds with the understanding of the role of colonial- victim/offender dialogue/mediation in core principles of restorative justice. In ism not only on the state of indigenous a homicide case and would like to particular, Alexander examines cases communities, but also on the state of share their experiences or success sto- and codes in several states, including indigenous practices. For copies, con- ries should mail an inquiry. It is antici- California, Georgia, Indiana, New York, tact Paradigm Publishers, 3360 pated that the final outcome of this North Carolina, Ohio, Pennsylvania, Mitchell Ln., Suite E, Boulder, CO endeavor will result in a publication and Texas, that “permit prosecutors, 80301, (800) 887-1591, (website) that will be used to promote Victim juries, and judges to consider the lack Offender Reconciliation Programs www.paradigmpublishers.com. of a defendant’s remorse or the lack of (VORPs) that involve homicide cases a defendant exhibiting remorse from throughout the country. the arrest to imposition of a sentence.” Victims & Restorative Justice Alexander observes that defendant’s Adam Crawford and Tom Burden, who often have sound legal and other rea- For more information, please contact are associated with the U.K.-based sons for not apologizing or expressing Life Blossoms, PO Box 321, Cliff- Center for Criminal Justice Studies and remorse, including innocence, corrupt wood, NJ 07721-0321, (e-mail) the Policy Research Institute at the criminal justice practices, protecting [email protected], University of Leeds, have written a the ability to appeal, etc. Alexander www.geocities.com/life_blossoms_info. valuable report on integrating crime also examines how victims, victim CONNECTIONS 13

Mini-grant Report Building Relationships across Race, Ethnic Differences: VOMA and PRASI Collaborative Training Restorative Justice and Anti-Racism Training Work by Millicent Carvalho

The Victim Offender Mediation Association ing held in part at Graterford Prison in affect management theory, the trainers (VOMA) and the Practitioners Research Pennsylvania, I could not help but notice structured a learning environment that Scholarship Institute (PRASI) established the disproportionate numbers of African was supportive and physically and emo- a Restorative Justice and Anti-Racism American and Latino inmates. I was at tionally safe. Our goal was to maximize Training initiative to provide an interactive Graterford to learn an innovative teaching participants’ capacity for empathy so that learning experience that reflects “best model that covered everything necessary participants would identify the presence practices” in engaging restorative justice to teach a course inside a correctional of racism and oppression during the work practitioners to effectively conduct anti- institution. While at Graterford, I also of restorative justice and understand its racism work. Collaborators on the project had the opportunity to meet with a lifer’s impact on African Americans and other included Barbara Raye, VOMA administra- group, “the think tank,” which serves in people of color. Participants also had op- tor; Drew Smith former VOMA board an advisory capacity to the Inside-Out portunities to practice techniques they member; S.Y. Bowland, PRASI consult- Prison Exchange Program: Exploring Is- could employ in their own communities ant; Hassan Batts, NAFCM board member sues of Crime and Justice Behind the and organizations. and myself, a 2002-03 PRASI Fellow. Walls offered by Lori Pompa (Temple Uni- versity) and Melissa Crabbe. In addition, I Racism won’t end until everyone is willing We chose to examine the unique form of noticed that my perceptions about incar- to give up all privileges based on skin white racism found in North American cerated populations, crime, and punish- color, hair texture, etc. Moreover, white society and to deconstruct the culture of ment reflected my own worldview and allies must be willing to fight against ra- “white privilege.” On June 10-11, 2006, were shaped by my identity as an cism as well as hold other white people an anti-racism training was held in Miami African-American women and my experi- accountable for the privileges extended to at the Institute of Evidence-Based Prac- ence in working mainly with female vic- them because of skin color, even those tice Conference as a two-day training. tims. My perceptions were definitely privileges for which they did not ask. In The response was overwhelmingly favor- changed by my experiences at Grater- Dismantling Racism: The Continuing able. Participants commented that they ford. Challenge to White America, Joseph liked the new perspective and information Barndt (1991) offers: “Every white per- exchange among themselves and train- Should restorative justice professionals son participates in and benefits from the ers. There was also ample time for self- examine their own worldviews, in order to system of racism, even if it is against our refection as well as self-evaluation. In recognize their own beliefs, assumptions will.” Therefore, key components of the addition, participants commented that the and behaviors, and their impact on anti- anti-racism training involve building al- historical perspective of racism and in- racism work? Is that a rhetorical ques- lies, diversity-sensitivity and the use of formation on Indian disentrancement and tion? Maybe. Anti-racism work must in- advocacy, listening and facilitation skills slave ships was particularly helpful. clude dismantling racism, classism and needed to influence outcomes in agen- gender discrimination on an interpersonal cies, courts and community settings. Why do restorative practitioners need level as well as systemic and global lev- anti-racism training? Training is needed els. First, however, we have to make visi- Nelson Mandela said education is the because realizing social justice ideals in ble white privilege, which is often invisi- most powerful weapon you can use to restorative justice practices requires anti- ble, especially in diversity situations. change the world. It is our hope that the racism work. Most restorative justice Therefore a central theme of the anti- VOMA and PRASI Restorative Justice and practitioners would agree that racism racism training was the process of un- Anti-Racism Training initiative will at least continues to be a problem in the criminal packing “the invisible knapsack” of white change the world of restorative justice justice system, hurting victims, offenders privilege as described by Peggy McIntosh practice. and the community. Many of us have (1991). first-hand knowledge of situations where References victims were treated unfairly, offenders Seldom, however, does anti-racism train- Barndt, J. (1991). Dismantling Racism: received unfair sentencing, and communi- ing aim to help participants to decon- The Continuing Challenge to White ties received uneven protection because struct “white privilege” and gain a greater America, Minneapolis, MN: Augsburg of racism and classism. The U.S. Bureau understanding of the values that support Books. of Justice Statistics shows that incarcera- white privilege and oppression of the McIntosh, P. (1990). White Privilege: tion rates for African Americans are six “other.” This process is an innovative fea- Unpacking the Invisible Knapsac. times higher than mainstream popula- ture of the anti-racism training. Retrieved May 27, 2006 from tions. Moreover, according to the Oppor- http://seamonkey.ed.asu.edu/_mciassa t u n i t y A g e n d a : Another unique feature of the training is c/emc598ge/Unpacking.html. (www.opportunityagenda.org), state and the understanding that anti-racism learn- federal laws that were enacted from the ing can produce conflict within an individ- Millie Carvalho, Ph.D., is Executive Direc- 1970s through 1990s have had a dispro- ual and between individuals. Conflict de- tor, Pennsylvania Conflict Resolution and portionate racial impact. fined as a negative emotion or negative Mediation Services, Inc., 93 Old York affect must be managed in a positive Road, Suite 1-427, Jenkintown, Pa Reflecting on my own experience, as a manner. Drawing upon their conflict 19046, 215/470-0004, at (e-mail) participant in a national instructors train- transformation training and knowledge of [email protected]. 14 JUSTICE

Restitution • An essay by the offender explain- AmeriCorps In New Orleans continued from page 5 Continus from page 7 ing what they learned from their ice doing yard and maintenance work experience; and ference between an organization im- at her church. • Knowing that the offender had ploding or being extremely effective. followed their court order and stayed out of trouble. The judge agreed, and each of the Neighborhood associations could also boys worked on a different Saturday be trained in mediation and facilitation skills, allowing them to continue en- each month for five months, alongside When people are victimized, they re- volunteers from the church. They gaging in difficult dialogues on racism port a wide range of feelings, includ- and building trust. Perhaps interest- or started with grass cutting and weed- ing the following: alarm, anger, anxi- ing in August, helped paint the inside need-based negotiations skills work- ety, confusion, defeat, depression, shops could be taught, especially for of the church in the fall, and finished despair, determination, disgust, em- those groups that work directly with with repairs and snow shoveling in barrassment, fear, frustration, guilt, FEMA officials, thus transforming a lim- December. Sally and her husband vol- helplessness, hostility, panic, rage, ited “win-lose” bargaining mentality unteered once with each of the boys regret, resentment, shame, shock, into one that is more “interest-based.” during that time. Her hope was that suspicion, targeted, vengeance and Training leaders from neighborhood the boys would feel more connected violation associations in mediation skills is an- to the community if they spent time other idea that would possibly trans- with church volunteers. After spend- form a community’s relationship with ing a day with Sally and her husband Not everyone has the same feelings the police. doing yard work, the boys at the very about being victimized; nor do they least knew their victim as a real per- find the same things helpful in terms son. It’s best to stay creative and to think of restitution. Victims need reassur- beyond just “community mediation.” ance that what they are feeling is The AmeriCorps volunteers have done okay and typical among those who Even though the young men have not just that. Perhaps Steve best summa- re-offended one year after the rob- have had similar experiences. They rized this idea, “I’m always looking for bery, it is still too soon to tell if the need someone who will listen to them ways to use mediation and mediation skills as part of the healing process.” boys have changed their ways. Sally in a caring and non-judgmental man- feels more comfortable passing youth ner. in the community, and members of Sabrina Dove, Program Analyst and her church have decided to continue Consultant, National Association for Victims understandably want to have working with youthful offenders re- Community Mediation, 1527 New financial restitution for their loss. The ferred by the court. Not one cent Hampshire Ave., NW, Washington, DC community at large deserves restitu- passed between the victim and the 20036, (202) 667-9700, (e-mail) offenders, but restitution (or amends tion in terms of community service [email protected]. - or satisfaction - or relief) was clearly projects that either give back to the achieved in this case. community or work to repair the harm. Participation in victim-offender Justice Connections is interested conferencing or a group conference in publishing articles that de- What Victims Want that includes those who offended and scribe, evaluate or reassess re- those who have been affected is often Some things that victims have re- considered restitution. Whatever hap- storative justice and community ported finding helpful include: pens, it is important that restitution mediation practices for various (however it is defined) not be over- cases in different national and in- ternational jurisdictions. Often • Being informed about the legal looked in the rush and hustle of the times practitioners are isolated process; criminal justice system. from one another, and articles are • Attending court hearings; one way of communicating what • A victim-offender conference or works, what does not work, and what may be done to make things dialogue, if requested by the vic- Sheri Gatts works at Youth Services of work. Please send program infor- tim; Southern Wisconsin in Madison, Wis- mation, program evaluations and • An apology letter or video tape consin; her e-mail address is so forth to: explaining why the offense was [email protected] and her wrong; telephone number is (608) 245-2550, Russ Immarigeon, Editor, Justice x213. She is also a member of the Connections, 563 Route 21, Hills- • Knowing that the offender com- VOMA Board of Directors. dale, NY 12529, (518) 325-5925 pleted some meaningful commu- nity service; [email protected]. CONNECTIONS 15

Third of Four Parts “We Need Our Conflicts to Make Us Strong” by Jarem Sawatsky

One of the fastest ways to make a peo- in such a way that makes communities orientations. A top-down, process- ple weak, so that they can be ruled stronger. These guideposts encourage driven, technique-oriented, institutional over, is to steal their conflicts. This is peacebuilders to use conflict to make approach will always favour a qualified, often one of the first steps of a colonial communities strong by using facilitators certified professional over a trusted, government, which usually takes con- who are part of the local setting, by known, caring elder. Liberating trol of conflicts through criminalizing examining whether a conflict should be peacebuilding practice will find ways of harms. A new perspective takes over increased rather than decreased, and working with, in and through local when harms are made into crimes. by linking particular cases and issues to peacebuiliders. Traditionally, when someone harms an- larger social-system change processes. other person, there has been a com- Peacebuilding Practice That Rede- munity process to address both the Peacebuilding Practice That Rede- fines Unjust Relationships Must symptoms and the roots of what has fines Unjust Relationships Favors Have The Capacity And Desire To happened. This has meant “making Second Party Amateurs To Third Increase Conflict Not Just Decrease things right” not just with the victim Party Professionals Conflict but also with the wider family and Who facilitates liberating peacebuilding To simply resolve whatever conflicts community surrounding both the practice? There are mediators, law- arise will likely result in enabling the harmed and the harmer. yers, police, and court adjudicators status quo. Decreasing conflict oils the (professionals who are paid for their machine, strengthens the state, and When a harm becomes a crime, the work) who advocate models that put maintains social order. Decreasing con- victim is left out because the “justice” them at the center of the process. This flict does not necessarily have anything system takes control, defining crime professional orientation tends toward to do with real justice or real peace. more in terms of breaking governmen- seeing the role of facilitator as a third- Leading conflict transformation practi- tal law than of harming a person or a party neutral – someone with no ties tioners, like Adam Curle and John Paul community. The government takes the and no bias to either group. This gen- Lederach recognize that we must have role of the victim. The crime is taken eral principle of impartiality is one of the capacity to know when and how to out of the context of community and the guiding principles of the court jus- escalate conflict before trying to solve put into the context of the legal sys- tice system. And yet, despite this as- it. Increasing conflict helps to balance tem. The key players change. Where surance of impartiality, the jails of so- power, raise awareness, unleash crea- once there were elders offering insight called “developed” countries are full of tivity, educate masses, establish justice and wisdom, now a judge sits and dis- marginalized ethnic groups that the relationships and create the desire for penses decisions about the rules. dominant society is still trying to “civi- recognition and coming together. Where once uncles and aunts were in- lize.” The outcome of this impartial Communities in conflict need to distin- volved (respected people in the com- justice is not impartial at all. guish between those conflicts that need munity) now professional lawyers re- to be resolved and those that contain place them. Where a community once Traditionally, most peoples dealt with the seeds and nutrients of radical social came together to talk about the best conflict in their own communities by change. ways to live, now a court discusses the going to a mutually known person or legal facts of the case in front of a jury trusted friend – a second party ama- Restitution as “payment to get this be- of strangers. Conflicts are stolen from teur. This was most often someone of hind us” may be a way of decreasing the communities where they have oc- high character with good community conflict rather than entering into con- curred by those from the outside who relations who helped others not for flict to see how we all might be trans- would rule over them and by those money, but out of care and love. An formed. Such payments for reconcilia- from the outside who think they know amateur linguistically means “for the tion are often resolved in such a way what others need and would wish to love of it” and does not imply being that the institutional racism and cul- help them. In either case, this sort of less than the professional. Communi- tural genocide that lies at the base of ruling and such helping makes commu- ties need amateur peacebuilders far the conflict are avoided and the real nities weaker. more than professional ones. The in- story is never told. This kind of justice digenous understanding of healing in without truth does not lead to sustain- But communities need conflicts in order Fiji, for instance, is that healing is a gift able healing. A liberating peacebuilding to strengthen the community. In re- from the Creator and therefore healers approach must not jump to single- sponding to conflicts, we renew our cannot charge for their work. This is track, quick fix financial resolution of identity and collectively make sense of not particular to Fiji but common to cases but must be designed with the the world around us. In responding to most traditional understanding of who capacity to increase conflict with the conflict, we return to the teachings and responds to the fallout from conflict goal of transforming systems and peo- traditions that engage the brokenness and social change interactions. ple. and the hope of the world around us. Asking who facilitates the experience of In this article, I will focus on guideposts healing and justice is a good way to Conflicts that will direct the use of peacebuilding uncover underlying assumptions and continues on page 16 16 JUSTICE

Conflicts social-systemic change. Ovide Mer- This modern micro focus is unable to continued from previous page credi, former Grand Chief of the As- see the larger whole. Rather, it sees sembly of First Nations of Canada said the people involved in particular cases, The challenge of liberating peacebuild- it this way, “System issues of oppres- but often misses the socio-economic ing is to find ways of confronting injus- sion can not be solved on a case-based and historical patterns that have en- tice while at the same time building up model”. Liberating peacebuilding prac- abled the specific micro story. Simply positive justice. This double task must tice looks not just at how to appropri- resolving disputes and rebuilding rela- always be present in each moment. ately address specific harms but also at tionships does not necessarily engage Each moment is pregnant with the how to evoke social-systemic change systems of injustice. In fact, resolving seeds of the future. To use violence to so that this type of cultural imposition disputes usually helps systems of injus- stop violence only continues the cycles will be stopped in all areas of public tice to work more smoothly. of violence. To use a cheap peace life. without justice to stop violence also Jarem Sawatsky, who can be reached continues the cycles of violence. The One of the great harms of the whole at 32 Hallgate, Cottingham, East York- challenge of liberating peacebuilding is modern system is that it is not a whole shire, HU16 4DJ, United Kingdom, is to invent or rediscover non-violent system at all. Modern systems work on currently a PhD student in the UK re- mechanisms that have the capacity to breaking things apart, specialization searching traditional communities con- address the deep roots of conflicts, and micro processes. In court settings ceptions of healing justice. Previously even if this means increasing the con- testimony is not given in the form of he served as Co-Coordinator of the flict. whole stories but small fragments that Peace and Conflict Transformation are deemed admissible. It should not Studies Department at the Canadian Peacebuilding Practice That Rede- be surprising that such processes – Mennonite University in Winnipeg, fines Unjust Relationships Has The even when working - often leave peo- Manitoba. This article was originally Capacity To Link Individual Cases ple feeling broken. While the peace- published, in slightly different form, as And Issues To Larger Social- building field sees itself more as more “Suggested Guideposts for the Use of Systemic Change Processes about putting things together and than Peace and Conflict Praxis in Indigenous Approaches to conflict that only see as taking apart, the field has been prone Context,” Morung Express: Morungs for far as the current case are unable to to simply using alternative micro proc- Indigenous Affairs and JustPeace (In- proactively and strategically address ess that work on a case-by-case basis. dia), Sunday, September 19, 2005.

Published by NAFCM, PRASI and VOMA c/o Center for Policy, Planning and Performance 2233 University Ave W, Suite 300 St Paul, MN 55114 USA

NAFCM, PRASI and VOMA’s activities are funded, in part, through the generous support of the William and Flora Hewlett Foundation