Home Secretary Yvette Taylor recently expressed horror (1) when hearing that community resolution was applied in 10,160 incidents of
"serious violence" - about 12 times the figure for five years ago.
She described the figures as ‘very serious’ and that this it is ‘letting people
off.’ She added "That's bad for justice, bad for victims and goes against
all the evidence."
Community Resolution is a well established victim-led
resolution technique, in many cases including a mediation-style ‘restorative’
dialogue. Yvette Taylor’s comments are
understandable but fill me with dismay as they focus on the potentially
negative aspects of a mediation-style resolution process which generally has
well-evidenced success.
Association
of Chief Police Officer's representative Assistant Chief Constable Garry Shewan
speaks positively about how community resolution “will be victim-led and above
all reflect their views and wishes." Closure for many victims is an
important part of justice. Just like mediation, people who may be responsible
for bad behavior also get the chance to move on.
ACC Shewan
continues "Going through a restorative justice meeting has also been
proven to have more impact on an offender than a prison sentence or a court
punishment alone, as they see the consequences of their actions and so want to
make changes in their future behaviour."
Mediation in
the workplace is also uniquely win/win. It challenges conventional views of
justice and often generates strong negative reactions. On other hand those who
try mediation very soon see its benefits.
There is
good learning here for organisations that are thinking of using a workplace mediator or setting up an in-house mediation service.
1. Do not push people into mediation –
it must be their choice
2. Mount a campaign to promote the many
benefits of mediation alongside the risks.
3. Do not use mediation in cases where
it would send out the wrong message and where a more formal, disciplinary
approach might be more suitable.
4. Make sure you are really thorough in
measuring the cost of conflict
and the subsequent cost
benefits of mediation when used appropriately.
5. Be persistent and resilient as
mediation is always put under much more scrutiny than other more legalistic,
formal approaches.
So what
have you done in your organisation to overcome negative views of mediation?
John
Crawley
