Restorative Justice Fact Sheet
How can restorative mediation assist you with religious sexual misconduct? What is restorative mediation?
Restorative mediation is based on the philosophy and practice of restorative justice. In restorative justice practice the victim survivor, offender, and community come together in a conference to acknowledge the injustice and harm, to make things right (as much as possible), to discuss the offender’s future intentions, and to heal and achieve safety for all concerned.What are the benefits of restorative mediation? How is restorative justice different from the more conventional concepts of justice?
In the American judicial system (and in many others as well), often the victim survivor becomes re-victimized in the long process of separate civil and criminal court proceedings. In the courts, the aim is less to achieve restitution for the victim than to seek retribution for the offender. In contrast, restorative mediation acknowledges the injustice or wrong that has occurred with the victim survivor as well as those with authority or those responsible with the religious community. It takes a holistic approach; it addresses healing, accountability, multi-discipline aspects, civil, criminal, and church law together in a single process. It addresses also the impact of religious sexual misconduct on the laity in the church community and in the broader secular community.
In a restorative mediation, a predefined concept of justice is not imposed on the victims but rather the victims define justice for themselves. For example, often victims want the offender or offender’s religious community to be accountable and remorseful. They want them to know firsthand the impact the abuse has had on their life. Some victims want to know the present location of the offender and whether appropriate treatment is undertaken in order to gain an assurance that others will be not be harmed. Other victims want to be compensated for their treatment or other assistance for healing -- including monetary compensation. (Both monetary and non-monetary outcomes can be handled in the same mediation session.) All of these things and more are a part of restorative justice.
Restorative mediation is a private, voluntary, informal and party-controlled process in a safe and secure environment where legal advocates or other supporting representatives can be present. Unlike the traditional court system, it is fast, cost-efficient, and provides the opportunity for emotional healing and personal peace for those involved.
When is restorative mediation appropriate and for what kind of cases?
- For current and past cases of clergy or religious sexual abuse where the victim survivor seeks a restorative solution that goes beyond the court process.
- For cases where the statute of limitations have expired.
- For cases involving psychological or spiritual abuse called “grooming” which can result in a sexual act.
- For cases where a lawsuit has been filed and resolved but further healing is needed.
- For cases where legal liability or evidence is in question.
- For cases where the surviving victim does not want to file a lawsuit.
- For child sexual abuse and adult sexual boundary violations.
What are the steps for restorative mediation?
Typically the victim survivor of religious sexual misconduct initiates the request for this process. The Restorative Justice Council acts as a national centralized intake point for case, and restorative mediators on the Council can mediate the cases or refer to the appropriate trained restorative mediators in the geographical area. (The Restorative Justice Council also trains experienced mediators in restorative mediation.)If an investigation has not been done, nor accountability of the offender or the offender's religious community been established, then we recommend that the victim survivor begin the process with an independent victim’s advocate or a religious institution victim’s assistance individual.
Once accountability has been established, the victim survivor and their victim’s advocate/assistant begin the confidential pre-mediation interview process with the designated mediator or co-mediators. The mediator then determines if the case is appropriate for this process and interviews all parties before any face-to-face mediation takes place.
If a face-to-face mediation is scheduled, then a neutral location is selected. Prior to the session, all parties sign an Agreement to Mediate in which they acknowledge their participation is voluntarily, that a solution cannot be imposed on any party, that the matters discussed in the mediation will be confidential (unless requested otherwise), and that neither the mediator nor the session notes and records can be called to court if there is a proceeding.