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Exploring Victim-Offender Mediation and Restorative Justice in Sweden

This analysis delves into the complexities of victim-offender mediation within the context of restorative justice in Sweden. It discusses the evolution and implementation of mediation programs, influenced by international practices and local needs, particularly focusing on youth offenders. The study highlights statistical outcomes, professional satisfaction, and critiques of current practices, emphasizing the importance of dialogue in conflict resolution. Despite challenges, mediation is identified as a promising approach to reduce recidivism, encouraging accountability and personal responsibility among offenders.

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Exploring Victim-Offender Mediation and Restorative Justice in Sweden

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  1. Catherine AnneLaBrenz VictimOffenderMediationin Sweden

  2. WhatisRestorativeJustice? • Difficultto define… • “Conflictsoutto be used, notonlyleft in erosion. And theyoughtto be used, and becomeuseful, forthoseoriginallyinvolved in theconflict” (Christie, 1977). • Accordingtotheprofessionalsinterviewed, a restorativeprocessinvolves open dialogue and anopportunityforthoseinvolved in a conflicttounderstandit and processit.

  3. Why RJ? ChileanContext

  4. Sweden: Anexample of equality? • Traditionally, veryequal and peacefulsociety. • BUT… • Protests in 2013. • Immigrationincrease • Growth in inequalitybetween 1985 and 2000s wasthehighestamongall OECD countries, increasingby 1/3 (OECD 2011).

  5. Youth in conflictwiththelawin Sweden • As of 2002, therewere 30 homesfor “specialsupervision” • Commonto be placed in social services • Examples of IFF, MTFC, family-orientedinterventions. • Mediationisofferedtoalloffendersbetween 12 and 21 whoconfessto a crime. • Legally, onlythoseover 15 can be tried in a court of law.

  6. Case study: VictimOffenderMediation • Victim-OffenderMediationprograms at 6 municipalitieswereanalyzed. • Semi-structured interviews wereconductedwith 8 professionalmediators at the 6 differentmunicipalities • Onefocusgroupwasconductedwithallmediators at a medium-sizedmunicipality • Additionally, interviews wererealizedwtih 4 experts in restorativejustice in Sweden.

  7. WhyVictim-OffenderMediation? • Pilotmediationprojectsstarting in the 1990s. • Influencefromothercountries and Christie • MediationAct of 2002 • Shift in responsibility in 2008: decentralization.

  8. VictimOffenderMediation in Sweden: WhattheStatisticsSay

  9. Doesitwork? • Severalstudieshavebeenconductedoutside of Sweden(Marklund, S., Umbreit et al) • Overall, recidivsmratesdecrease, especiallyfor more violent/seriouscrimes. • Lesseffectivewithshoplifting and propertycrimes • Satisfactionrateshigh in allstudiesconducted. • BUT…

  10. Challenges: • In total, therewere 1219 completedmediation cases in 2011. • Debates amongprofessionalsregardingthe role of the mediator and theprotocolformeetings. • Of thosethatofferservices, only 24% had more than 20 cases per year. • 49% of municipalitieshadbetween 0 and 5 cases • Whoisresponsible? • Needfor central authoritytoregulate and standardize

  11. Critiques? • Whiletheprofessionalsinterviewed at mediationserviceswere VERY satisfiedwiththeprocess, itisconsidered a “band-aid” to a largerproblem. • Are thevictim’sneedsreallymet? • Critique of studiesconductedregardingsatisfaction and recidivism.

  12. Pros and Cons Pro-Mediation Anti-Mediation Offender-focused Victim loses voice Externalfactorscouldexplain positive resultsfound in research Lack of central bodyoverseeingtheprocess • Studiesconductedhaveshown a decrease in recidivsmamongoffenderswhohavepartken in mediation. • Encouragesbothpartiestoregain control and retakeresponsibilityfortheiractions.

  13. FutureDirections: A ChileanRestorativeAuthority? • Whilethere are critiques of thecurrentsystem, overalltheempiricalevidence as well as theprofessionalsinterviewedconsidermediationto be positive. • As oneprofessionalputit, “itis a band-aidfix”. Itisn´t a cure forjuveniledelinquency, but has beenshownto reduce recidivismrates, especiallyforcrimesagainstpeople. • Philosophy of takingresponsibility, empoweringpeople.

  14. What do youthink? Comments? Questions? Resources http://www.oecd.org/sweden/49564868.pdf

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