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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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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Turkish Delegation Comes to Marquette Law School

Sixteen dignitaries from Turkey, including members of the Turkish Parliament, representatives from the Ministry of Justice, and professors, spent March 1 at Marquette Law School (MULS) to learn about Wisconsin’s experiences with restorative justice and mediation. The law school’s Restorative Justice Initiative organized a meeting with them and Wisconsin Supreme Court Chief Justice Shirley Abrahamson, Wisconsin Supreme Court Justice Ann Walsh Bradley, retired Wisconsin Court of Appeals and Barron County Circuit Court Judge Edward Brunner, Milwaukee County Chief Judge Jeffrey Kremers, Milwaukee County Circuit Court Judge Mary Triggiano, United States Attorney for the Eastern District of Wisconsin James Santelle, and Milwaukee County District Attorney John Chisholm, along with other prosecutors and Wisconsin restorative justice professionals. Professor and restorative justice scholar Mark Umbreit, from the University of Minnesota Center on Restorative Justice and Peacemaking, as well as MULS Professors Andrea Schneider and Michael O’Hear, also attended the meeting. The Turkish delegation is working with the United Nations’ Development Program on judicial reforms and traveled to the United States for a week-long visit to learn about the use of mediation and restorative justice in our American court system. The group had meetings in Washington D.C. and New York and then came to Marquette University for one day. The Turkish Parliament has already incorporated Victim-Offender Dialogues into the Turkish criminal code and is working on drafting mediation legislation and part of the civil justice system. I will be traveling to Istanbul later this week to be part of a workshop on restorative justice for judges and prosecutors in Turkey.

All forty of us professionals, along with a group of my law students, met for our discussions in the MULS Conference Center. Our visitors were incredibly impressed with our wonderful new law school building and programs. Dean Joseph Kearney gave everyone a warm welcome thanking our visitors for “bringing the world to Marquette Law School.”

All of us learned a great deal from each other during the questions and answers (including those of us from Wisconsin hearing what others are doing in our own state.)

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