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About the Author:
This research report on Opportunities in the ADR Field in Georgia was compiled by Jennifer Matte. Ms. Matte is Vermont Law School graduate. During law school, she completed an externship with the Consortium for Negotiation and Conflict Resolution. Her work with The Center for Legal Solutions, Inc. has primarily focused on the emergence of specializations within the ADR community.
Questions and comments regarding this research may be directed to jmatte@vermontlaw.edu. |
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See State and Local Requirements for:
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Opportunities in Victim-Offender Mediation
VOM allows interested crime victims to meet with their offenders in the presence of trained mediators
Interested victims are usually those of property crimes and minor assaults
Growing interest in this practice arises from its capability to facilitate a real and understandable sense of justice for those most directly affected by crime:
victims, victimized communities, and offenders
Uses the concept of restorative justice
Intended to balance the system to serve victims and hold offenders more directly accountable to those they have harmed without over reliance on incarceration
Guidelines for victim-sensitive victim-offender mediation address victim safety,
screening cases, victim and offender choices, mediator obligations and responsibilities, victim and offender support, and the use of victim-sensitive language
Distinction from general mediation
Parties are not disputants: generally one party has clearly committed a criminal offense and has admitted doing so; the other party has clearly been victimized
No expectation of compromise
Instead of being settlement driven, it is dialogue driven with an emphasis on victim empowerment, offender accountability, and restoration of losses
Dialogue addresses emotional and informational needs of victims
Who administers the program?
Who is the director and what is their title?
There are a number of VOM programs in GA
DeKalb Juvenile Court Mediation Program
Contact: Mediation Coordinator Sonya Worthem
(404) 294-2756
Type(s) of referrals: Misdemeanors and felonies
Other types of mediation performed: Community/neighbor, Group conferencing
Program cases involve: Sexual assault
Juvenile Court of Cobb County Mediation Program
Contact: Mediation Coordinator Pam McClure
(770) 528-2275
Type(s) of referrals: Misdemeanors and felonies
Other types of mediation performed: Peer, Parent/teen, Deprivation
See a complete list of Georgia programs
Who performs the mediation?
How is this determined?
Cases are primarily referred to VOM as a diversion from prosecution as long as the mediation agreement is successfully completed
Other cases can be referred after a formal admission of guilt has been accepted by the court, with mediation being a condition of probation
Referrals come from officials involved in the juvenile justice system
(judges, probation officers, victim advocates, prosecutors, defense attorneys, and police)
What are the requirements for training in order to mediate these disputes?
How much experience is suggested or required?
Information obtained from the Victim Offender Mediation Association:
Training is intended to introduce mediators to the principles of restorative justice
Victim-Offender programs frequently train community volunteers to serve as mediators.
Average training required is 31 hours (although some programs require a more lengthy trainingthe highest being at 89 hours)
Role play averages 11 hours
Observation of 4 cases as a form of apprenticeship with an experienced V/O mediator
According to a national survey:
When asked if victim-offender mediators should be required to become certified by completing a legislatively mandated number of hours for VOM training, the vast majority of respondents to the survey (61 percent) indicated no. For the 39 percent who felt that certification of mediators should be required, the average number of hours they suggested for such training was 35. On the other hand, when asked if advanced training should be required in applying the VOM process in cases of severe violence, all (100 percent)indicated that such advanced training is necessary.
Most mediators for VOMs do not receive additional training beyond victim offender mediation.
Surveys find that respondents feel that additional training is necessary in severe and violent cases (1996 Center for Restorative Justice National Survey)
Co-mediation is commonly used: there are even instances where a former offender completes mediation training to mentor within the VOM program
What is the pay rate for a mediator of this type? How is payment structured?
VOM programs are primarily funded by state or local government
An average of 37 volunteers are associated with the program
What is the typical volume of cases mediated?
Most sessions result in a signed restitution agreement (more than 95%)
Nationally, close to 300 programs exist
Recognized and endorsed by the ABA in 1994
Additional Information on State Requirements:
Additional Information on Local Requirements:
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