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Victim Offender Mediation and Dialogue in Adult Criminal Cases

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Victim Offender Mediation and Dialogue in Adult Criminal Cases Victim Offender Mediation and Dialogue in Adult Criminal Cases Institute for Court Management ICM Fellows Program 2016-2017 Court Project Phase May 2017 Heather Seets Alternative Dispute Resolution Services Program Manager Arizona Superior Court in Yavapai County Prescott, Arizona Acknowledgments There are a number of people I want to thank from the bottom of my heart for helping me accomplish this huge goal. First, my parents, Terry and Tannis Seets for always loving me through the hard times, giving me endless encouragement and for always reminding me what is most important in life. I love you both and thank you for getting me through this year. Next, I would like to thank C. Rolf Eckel, Yavapai County Court Administrator for his encouragement and for “blazing the trail” for me and helping me know what to expect during this adventure. Thank you for the counseling sessions and for writing a great paper that I could model. Thank you for helping me laugh through this process. Thank you also to Yavapai County Presiding Judge David L. Mackey for supporting me in this endeavor. Your strong leadership and open mind to new ideas has made a project like this a reality. We worked together on the very case that inspired this project and your enthusiasm for mediation then was as strong as it is today. Thank you for believing that mediation can change lives. I would also like to thank Daniel Straub, Amy McDowell and Deborah Smith for their wisdom and guidance. Thank you for answering every question and for your dedication to the fellows program. This paper would not be possible without the amazingly strong people I have had the privilege to work with, interview and learn from during this process. Your stories are many times tragic, but most often triumphant and I thank you for not wasting your pain. Thank you to the participants in my focus group for brainstorming amazing ideas of how to make this dream a reality. Thank you for your honesty, your enthusiasm and 2 openness to think outside of the box. Yavapai County and Arizona will shine as a result of your hard work and dedication to this idea. Thank you also to Britney Cain for organizing the focus group, helping with amazing notes and most of all for organizing me. Thanks for helping me stay focused. I would also like to thank my Mediation Coordinator, Kathy Glenn. You have kept me calm and helped me to stay the course these past few months. I’m excited that this concept in many ways encouraged our paths to cross and I am beyond excited for the future and how we will make this work together. Thank you for being an amazing asset to ADR Services and for your dedication and loyalty to the work. A special thank you goes to Glady Miller, Glenda Collings, Wayne Regina and Kathy McCormick for helping shape me into the mediator I am today. Your enthusiasm for victim offender mediation was contagious and I am blessed to have learned so much from you all. Glady, your passion for social justice lit a fire in me years ago and I knew I wanted to be like you when I grew up. I hope I make you proud. Glenda, you taught me the importance of remaining true to the process and that, if followed, it will work every time. Wayne, you have taught me to never be afraid to take on the complex issues and that mediation has the power to change lives. Kathy, you encouraged me from day one to learn all I could about mediation and never wanted me to stop. Thank you for believing in me in those early days. And to all the mediators who work in Yavapai County both in Superior Court and Justice Court, thank you for the life-changing work you do. You inspire me every day. This paper is dedicated to my best friend Kate Shugrue-Schaffner, who lost her battle to brain cancer last August. Kate, you believed in this project and you encouraged 3 me to keep fighting even on the hard days. Your positive attitude and bright smile made happier days possible for me. I miss you every day, but remember your all-important words that sometimes we have to “redefine the win.” I hope this project helps others to redefine the win. Thank you for all you taught me. Finally, thank you to the Lord for allowing me to accomplish this goal. It’s been a year of ups and downs, but I’m reminded of Philippians 4:13 that says “I can do all things through Christ who strengthens me.” 4 Table of Contents Acknowledgments......................................................................................................... 2 Table of Contents .......................................................................................................... 5 List of Figures ............................................................................................................... 8 List of Tables ................................................................................................................. 9 Abstract ....................................................................................................................... 10 Introduction ................................................................................................................. 13 Literature Review ........................................................................................................ 19 Methods ....................................................................................................................... 26 Findings ....................................................................................................................... 30 Conclusions and Recommendations ........................................................................ 62 Conclusion 1: There Is Not Currently an Avenue for People Involved in a Criminal Matter in Yavapai County to Meet Face to Face to Discuss the Impact the Crime Had on Each Party. ...................................................................................................... 62 Recommendation 1.1: Yavapai County Should Start an Adult Victim-Offender Mediation and Dialogue Program in 2017. ............................................................... 62 Recommendation 1.2: A Committee Should Be Formed to Work Out the Details of the Program. .............................................................................................................. 62 Conclusion 2: It Is Important that the Program Have Components of Both Mediation and Dialogue .............................................................................................. 62 Recommendation 2.1: Paperwork Should Be Designed and Modeled After the Standard Mediation Process ...................................................................................... 62 Recommendation 2.2: The Yavapai County Program Should Uphold the Confidentiality Statutes that Apply to Standard Mediation ..................................... 63 Conclusion 3: Screening for this Type of Mediation Is Extremely Important ........ 63 Recommendation 3.1: After a Matter Is Referred, an Initial Call Should Be Made to Both Parties. If Appropriate to Move Forward, Individual Interviews Should Be Scheduled with All Parties in the Matter, Combined with a Mediator/Psychologist Team ............................................................................................................................. 65 Recommendation 3.2: The Same Mediator/Psychologist Team Should Follow the Case Throughout Its Duration to Ensure Continuity and to Establish Rapport Among All Parties ....................................................................................................... 65 Recommendation 3.3: It Should Be Made Clear to Participants in the Program that It Is Possible the Case May Not proceed and that the Decision to Proceed Will Be 5 Made by the Mediator/Psychologist Team Combined with the Alternative Dispute Resolution Services Administration .......................................................................... 64 Recommendation 3.4: Initially, Cases Based Upon Domestic Violence, Sexual Assault or Child Molestation Should Not Be Accepted into the Program. ............. 64 Recommendation 3.5: The Door Should Be Left Open to People Who May Approach the Court for These Services Years, and Maybe Decades, After the Criminal Case Has Taken Place ................................................................................. 65 Conclusion 4: There Is a Willingness for Victim Offender Mediation and Dialogue to Take Place at Nearly Any Time During the Criminal Process ............................. 65 Recommendation 4.1: Yavapai County Alternative Dispute Resolution Services Should Coordinate with the Yavapai County Adult Probation Department to Establish the Program ................................................................................................ 65 Conclusion 5: Participants in this Program Will Benefit from a Strong Mental Health Component. ..................................................................................................... 66 Recommendation 5.1: The Victim Offender Mediation and Dialogue Team Should Be Include a Mediator and Psychologist in All Cases ............................................. 66 Recommendation 5.2: While Ongoing Counseling Services Cannot Be Provided Through the Program, a List of Aftercare Providers and Resources Should Be Given to Each Participant .......................................................................................... 66 Conclusion 6: The Mental Health Component of the Program, While Necessary, Will Add Significant Cost ...........................................................................................
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