Restorative Justice and Mediation in Ireland

I have the privilege this week of serving as the keynote speaker at the annual Irish Mediator’s Institute conference in Dublin, Ireland. I will talk to this professional mediation organization about the incorporation of restorative justice principles into high emotional conflicts. In this time of family, community, political, national, and international conflict and discord, the principles of restorative justice that call all of us to truly listen to those with whom we disagree, so that we can better understand the deep harm we are inflicting by our name-calling and demonizing others, can help us to recognize our shared humanity and a path to building peaceful relationships.

I will have no shortage of examples of the harm caused by our angry divisions. Whether I talk about the American presidential race, the continuing conflicts in Northern Ireland, or the harm caused by the BBC’s alleged cover-up of sexual abuse claims against a popular children’s television star, the harm has rippled out to affect thousands of people. From the family level to international relations, we see much abusive and threatening language being used instead of people sitting down and respectfully listening to each other’s perspectives and concerns. So many of us speak and act in anger without thinking about the harm that we can cause others by our actions. Restorative justice calls us to reflect about who is being harmed and to identify the nature of that harm and then to work on bringing healing to the people who have been affected.

At the Law School, my students and I have been a part of victim/offender dialogue sessions in which murderers and rapists sit down with their victims (or family members of their victims) to have exceedingly difficult conversations. These meetings always occur because a victim has made a request for that meeting. What we routinely experience is that even with people who have suffered the deepest harm, victims find some peace in having these very difficult conversations. Offenders can answer questions, express their deep remorse, and acknowledge (often for the first time) the incredibly profound harm they have caused. Victims (or survivors as many like to be called) are able to give voice to the devastation they have suffered, get answers to questions that were never addressed in the judicial system, and find some peace in the offender’s apology. Offenders routinely report that they believe answering the victims’ questions is the best thing they have ever done for someone else.

I have seen restorative justice work in almost every setting where this is conflict. The processes do not “solve” every problem, but it reminds the participants that we are all part of a human family. What we do and say matters and can cause harm or bring great joy to others. The way out of our pain and anger is not to lash out but to listen to each other “with out hearts as well as our heads.”

It will be a wonderful experience to work with the Irish mediators and to explore with them how they can incorporate restorative justice into their work.

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Restorative Justice Conference to Focus on Restoring Faith in Government Through Civil Discourse

Recently Sheldon Lubar, a highly respected and successful Milwaukee businessman, called upon our political leaders to return to civility. Finding that political labels are not particularly helpful, he describes his personal politics as follows:

My politics are for what is right, what makes common sense, what is decent, what will create prosperity and a good life — I am for civility. So what is civility? Webster defines civil, civility, civilization as follows:

A community of citizens. A rational and fair government.

Being polite and courteous is civil. . . . Civility is the positive and sincere consideration of others.

I believe that the founders of our great country sought to create a nation of “civility.” They sought to create a nation that elected leaders who could recognize both sides of all issues and through honest and informed debate could and would resolve differences fairly and then move ahead.

In this heavily financed election season, many are concerned with the lack of civil discourse and respectful debate in our political discussions. People disagree as to the causes of the problem and as to what is needed as solutions. On June 8th, the Marquette Law School Restorative Justice Initiative’s annual conference will present speakers who will focus on our theme for this year, “Restoring Faith in Government: Encouraging Civil Public Discourse.”

Every year we select a relevant issue to examine through a restorative justice lens by asking three critical questions: 1.) Who and what is being harmed by certain conduct? 2.) What is the nature (and the breadth and depth) of the harm? 3.) What needs to be done to work at repairing the harm? This year we chose to focus on civility in political life.

Our conference will examine whether Americans are losing faith in our ability to discuss, much less solve, our political problems. Two state senators and two former lieutenant governors will look at whether people are too discouraged to run for office or even to participate in the political process. Three nationally recognized public policy mediators will present ways to facilitate difficult but respectful discussions with people of diverse views. Speakers will talk about negative advertising and the negative blogging occurring in our print media that often looks like “recreational hostility.” Our keynote speaker, John Avlon, a senior columnist for Newsweek, will share his views on ways to heal polarization in America. We will end the conference with optimism by having a panel of enthusiastic Marquette students who have great hope for our governmental processes in the future. I believe it will be a very good day. I hope you will join us.

 

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Victim/Offender Mediation in Turkey

After a delegation of members of the Turkish Parliament visited Marquette Law School last month, I had the privilege of traveling to Istanbul to moderate a victim/offender mediation conference for two hundred fifty Turkish prosecutors and judges. There were fourteen of us restorative justice “experts” from ten different countries who were there for three days to talk to the ballroom full of lawyers, who wanted to learn how to best implement Turkey’s already enacted victim/offender mediation process during criminal prosecutions.  It was a fabulous experience.

The United Nations’ Development Programs for Judicial Reform organized and oversaw the planning of the conference. Because the panel members came from many countries (Albania, Austria, Belgium, Brazil, Canada, Italy, Scotland, Spain, Turkey, and the United States), we had simultaneous translations of the conference into several languages. The Turkish audience was lively and eager to participate in the dialogue. Over the first two days we spent much of our time taking questions from the floor and answering them from the perspectives of different cultures, judicial systems and philosophies. The Turkish prosecutors and judges, like prosecutors and judges around the world, are working to improve the delivery of justice despite their significant caseloads. They hope that by using restorative processes that they can provide a more just system while reducing the number of cases that must go to trial.

I have a number of observations about the conference.

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