Victim-Offender Mediation 187290 additional programs in development (Umbreit & Bradshaw, 1997). Mediation
programs for victims and offenders offer the victim an opportunity to play a role
in determining the offender's punishment, explain to the offender the impact the
crime had upon them, and give the victim closure after being violated. The program
gives offenders an opportunity to voice their personal problems and explain their
crime, avoid a possible harsher punishment such as imprisonment, and allows them
to personalize their crime; that is, see first-hand the impact it had upon another
human being. This personalization could ultimately reduce recidivism (K. L.Joseph,
1996; Reske, 1995; Umbreit & Bradshaw, 1997). The goal of mediation programs
is to provide a conflict resolution that is fair for both parties involved and to develop
an acceptable restitution plan (Umbreit, 1993).
Despite a variety in victim—offender mediation programs, most programs aim
to achieve the same goals and have principles based on the concept of restorative
justice (Severson & Bankston, 1995). Restorative justice is an age-old concept
emphasizing that crime should be perceived as an act against individuals within
the community, not only as an act against the state (Umbreit & Bradshaw, 1997),
Most mediation programs are based on the same principles and follow the same
process for mediation. First, either a victim or offender is referred to a mediation
program. Second, each party is seen individually by an unbiased mediator who
informs them about the process and the possible benefits of participating in such
a program. Third, after each party agrees, the mediator schedules a joint meeting
between the two parties. During this phase, both the victim and the offender are
given the opportunity to talk to each other without interruption. Finally, some
programs may have a follow-up phase in which the referral agency approves the
restitution agreement and closes the case; approving the agreement may include
making sure payments or services that were agreed upon are fulfilled (K. L.Joseph,
1996; Umbreit, 1993). The types of offender mediation programs and how they
differ are discussed later in this section.
The following case illustration is a real situation in which victim—offender me-
diation was successfully utilized. This section uses this case to describe the types of
victim—offender mediation programs and how they differ; to discuss the effective-
ness of victim—offender mediation programs; and to address arguments against the
appropriateness of such programs, including examples of how the following case
could have been unsuccessful had circumstances been different.
Geiger was working as an auditor on the 11 A.M.-to-7 KM. shift that summer night
when five men ages 18 to 21 entered the motel and demanded money. Geiger was
punched and kicked, followed quickly by a pistol-whipping that knocked him to the
ground. He jumped to his feet when he thought the crooks had left. Then he heard an
explosion. The bullet tore into his chest, penetrating his right lung, breaking two ribs, and
lodging in his stomach muscles. At the time of the robbery Geiger was a nationally ranked
sprinter. Before the shooting he could do 100 meters in under 1 i seconds; afterward,
he could barely walk the distance. Facing unwanted publicity, motel management fired
him.
At the trials of the black defendants, Geiger, who is white, was accused of racism
and drinking and made to feel guilty. He felt left out and angry at a system that had