YOUTH JUSTICE
A central principle of restorative justice is
rebuilding lives and relationships rather than just punishing and
rejecting offenders. Janet Schmidt, trainer and co-ordinator of a
conflict resolution programme in Canada, writes of the task of mediation
between offenders and victims. It is a careful and time-consuming
process. What do we learn for practice?
The Healing Journey
towards Forgiveness
Forgiveness is defined by many as one piece of a longer healing journey. It
represents that time when an event no longer has control over the lives of
both victims and offenders. Nonetheless, forgiveness is rarely, if ever, a
one-time event and may take years to complete. Both victims and offenders
cycle through and revisit forgiveness in various ways at different times of
their lives. Indeed, the experience of forgiveness is itself a journey which
is dynamic and always changing. Although the larger healing journey is
unique to each individual, several general stages can be identified for both
victims and offenders. But the journey of forgiveness need not be a linear
process. People not only move through the process repeatedly, they often
move back and forth between the stages. Sometimes two or more stages can
happen almost simultaneously.
THE VICTIMS' JOURNEY
Denial
The first stage in the healing journey for victims is often denial.
Certainly, the level of violation will influence how this denial is
expressed. Victims may say, "This is not really happening," or
"I must have done something to cause this." Mediators don't often
see participants at this stage as cases are usually brought to their
attention only after victims have begun acknowledging their experience.
Where victims are still in this stage, the effectiveness of a third party
intervention is limited. Victims will minimise an apology and will be unable
to articulate their need for a complete release from the experience. Even
more disconcerting is the impact on offenders, who may conclude that the
offence is unimportant, therefore increasing the likelihood that it will be
repeated. The following four stages are based on Lewis B. Smedes' book, Forgive
and Forget.
Hurting
The victim may next experience the stage called hurting. The victim has
acknowledged a violation has occurred, feels emotional pain, and is
primarily interested in finding release from pain. This is a significant
motivating factor for participation in a mediation. For instance, a victim
may readily agree to a meeting, hoping it will take the pain away. If the
offender apologises, the victim may quickly grant forgiveness, hoping this
will stop the pain. Even at this stage victims are often unable to
articulate what they will need from offenders in order to continue their
healing journey.
Anger
The victim's next stage is anger, directed at the offender and the
offence. The harm inflicted upon a victim is acknowledged in this anger.
Here victims are less likely to participate in meetings as they are angry
about the injustice and may feel the offender should be punished "to
the full extent of the law". If the victim does agree to participate,
their motivation can include a need for revenge. It is not unusual at this
point for the victim to vilify the offender, defining them only by the
action that caused the pain. If the victim granted forgiveness before
reaching this stage, it may well be retracted now. Final agreements at this
stage are frequently unsatisfying for all parties involved.
Mediators who see victims at this stage must work with these additional
dynamics, being patient and gentle with the victim. Often it is helpful for
victims if the intervention is not a one-time event. A second session,
scheduled after a given period, can allow victims to consider the new
information received during the mediation, thus freeing them to move on.
Mediators must also learn to recognise the difference between anger at the
offence, and the type of anger expressed in the anger stage. The latter
anger is unfocused, delighting in the suffering of the offender. Anger at
the offence expresses itself in different ways and is often a necessary
ingredient to motivate positive action, protect against further
victimisation, call for accountability and even protect others. Anger at the
offence should he encouraged by third party interveners throughout the
healing journey.
Understanding
Once through the anger stage, the victim can move towards understanding.
It is here that victims can experience healing, in that the violation no
longer controls them. Here, too, victims often ask for three things.
- First, they want to know why the event happened. They
ask the offender questions to understand, not only the event, but also
the circumstances that made it possible.
- Second, they want some form of compensation, perhaps a
sincere apology, counselling or financial remuneration.
- Third, victims often want assurance that the event will
not be repeated, which is important for their peace of mind. The
understanding stage is an ideal time for victims to enter into a third
party process.
Victims are often able to articulate what they need in a
constructive manner and are better able to hold the offender accountable. It
is at this stage that victims may grant an offender's request for
forgiveness.
Reconciliation
At the understanding stage there is also potential for the victim to
move on to reconciliation. Reconciliation occurs when the relationship
between the victim and the offender experiences transformation, evidenced by
new understandings and greater intimacy. Healing, however, does not depend
on whether the parties choose to reestablish a relationship. If they are
able to pursue reconciliation, there will be a further healing effect for
both of them. But reconciliation is not always possible or necessary and in
some situations is unwise. Victims need patience and support throughout this
process. In the earlier stages, mediators can anticipate questions victims
will have later on, and can gently encourage offenders to answer the
questions many victims have during the understanding stage. Mediators also
need to be comfortable with the victim's anger and see it as an essential
part of the healing process.
THE OFFENDERS' JOURNEY
Following a conflict or violation, offenders also need to
find some way of putting the incident in the past. While victims seek
healing from the "offence", offenders often wish to change old
patterns of behaviour. For many, their offence continues to control them,
whether through guilt, self-hatred, emotional turmoil or a predisposition to
re-offend. Only as they move through a healing process can the event lose
this power.
Denial
Like victims, offenders first experience denial. At this point they make
excuses for their behaviour and acknowledge very little, if any, of their
wrongdoing. When the offender is in denial, a face-to-face encounter is
rarely safe for the victim. Only when the offender begins to take
responsibility should a meeting be arranged. Unfortunately, this may take
years or it may never happen.
Remorse
The offenders' second stage is remorse. Offenders have some feeling of
wrongdoing but qualify their actions with excuses, including "Yes, but
..." comments. They may be able to acknowledge their deeds and even
apologise for them, yet focus on the circumstances that "led" them
to behave in this way. They have difficulty taking responsibility and often
look for a "quick fix" which will allow them to "forget"
the incident. Many offenders enter into mediation at the remorse stage. A
mediator has a number of responsibilities when an offender is at this stage.
Victims will interpret offenders' behaviour justifications as attempts to
avoid taking responsibility. If victims accept a quickly given apology
without sharing their pain, offenders will not complete their healing
journey and are more likely to re-offend. For the sake of both, mediators
must encourage victims to speak about the emotional, spiritual and physical
impact of their experience, and assist offenders in hearing the victims'
stories.
Repentance
The third stage is repentance. It is here that offenders confront the
consequences of their behaviour and take full responsibility for their
offence without making excuses. Offenders experience significant personal
pain, realising the pain they have inflicted on the victim. Offenders not
only offer restitution to victims, they also seek help to change their
behaviour. True repentance is displayed when offenders take steps to ensure
this happens. Mediators should encourage offenders to enter this stage. It
is unlikely that offenders entering mediation at the previous remorse stage
will experience the profound, life-altering experience which the repentance
stage can bring. Offenders can, however be brought to the threshold of
repentance and encouraged to explore it. It is very difficult to journey
through repentance and mediators must feel comfortable entering the realm of
strong emotions.
Forgiveness
During the fourth stage the offender authentically asks for forgiveness
and is able to apologise with no strings attached. Offenders recognise their
wrongdoing and wish to express this regret to the victim.
CONCLUSION
Understanding victims' and offenders' journeys of healing
is crucial for mediators. In many situations, however, the journeys are
somewhat blurred as participants play the roles of both victims and
offenders. This is particularly true in cases involving longstanding
relationships. The challenge is to be as helpful as possible for all
participants in their own healing process and not inadvertently bring more
hurt. Regrettably some mediators give the impression that mediation is the
end of the healing process. Experienced mediators know that other
experiences may reactivate the hurt and the victim may need to recycle
through some of the healing stages. In cases of significant victimisation it
is important for the mediator to contact the victim to see how they are
doing and assure them that mediation does not necessarily mark the end of
the healing journey. Also, if mediators make it too easy for offenders to
move from remorse to forgiveness, they deprive offenders of the true healing
and forgiveness they need and often long for. Forgiveness is not a one time
event, and may even take years, especially following deeply wounding or
repeated offences. Forgiveness is something offenders request and their
victims grant. Mediators must understand that this is only possible after
victims and offenders have taken a healing journey so that the difficult
events no longer control their lives and both victim and offender are
enriched by their new understandings.
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