How Restorative Mediation Can Assist You with Religious Sexual Misconduct
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 as right as possible, and discuss the offender’s future intentions. There is a confidential preparation for this process with individual parties before this conference occurs. During the preparation process, much healing can occur for the victim.When is Restorative Mediation Appropriate?
Restorative Mediation can be used for current and past cases of clergy or religious sexual abuse where the victim survivor seeks a restorative solution that goes beyond the court's legal process. It can be used for cases where the statute of limitations has expired; where there has been psychological or spiritual abuse called “grooming” that did not result in an overt sexual act; for a case where a lawsuit has been filed and resolved but further healing is needed; for cases where legal liability or sufficiency of 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.Why Would a Victim Survivor of Sexual Misconduct by Clergy Person Be Interested?
Restorative mediation can be attractive to victim survivors because they can gain a sense of true justice. Often survivors of sexual abuse want the offender or offender’s religious community to be accountable and remorseful. They seek assurance that others will be not be harmed and there is appropriate treatment for the abuser. Some surviving victims want to be compensated for their treatment or for other assistance in the healing process. Some want monetary compensation. Monetary and non-monetary outcomes can be handled in the same mediation session.In addition, some victim survivors want to know the present location of the offender, if there are other victims, and if there have been life changes for the offender. Victim survivors want the offender or offender’s religious community to know first hand the impact the abuse has had on their life.
What Are the Steps for Restorative Mediation?
The victim survivor of religious sexual misconduct initiates the request for this process. The Restorative Justice Council on Sexual Misconduct in Faith Communities acts as a national centralized intake point for cases. However, members of the Restorative Justice Council can mediate a case, or refer it to trained restorative mediators in the requester's geographical area. The Restorative Justice Council also trains experienced mediators in restorative mediation.If the investigation has not been done or if accountability of the offender or offender's diocese or religious community has not been established, then it is suggested that the victim survivor begin the process with an independent victim’s advocate or a religious institution's victim assistance representative.
However, the religious institution can be made aware of the victim’s desire to pursue resolution through restorative mediation before commencement of formal reporting or investigation procedures. If the religious organization is interested, it can formulate a plan with the Restorative Justice Council about how the investigation will be handled, and how other steps can be facilitated or mediated.
Once accountability has been established then the victim survivor and their victim’s advocate begins the pre-mediation confidential interview process with the designated mediator or co-mediators. The mediator determines if the case is appropriate for this process and interviews all parties before the face to face mediation.
If the mediation is scheduled, then a neutral place is located. An Agreement to Mediate is signed by all parties to the mediation at the beginning of the face to face mediation session. This acknowledges that each party is voluntarily participating, that a solution cannot be imposed on any party, that matters discussed in the mediation will be kept confidential(unless requested otherwise), that neither the mediator’s records nor the mediator can be called to court if there is a proceeding, and other such terms.
What Are the Benefits of Restorative Mediation?
Restorative mediation acknowledges the injustice or wrong that has happened to the victim survivor. It identifies what persons in the diocese presently have authority to answer to the victim, those who are presently responsible within the religious community, or those within the parish or faith community. The mediation also addresses the impact the sexual misconduct has had on the laity in the congregation and the broader civic community. Every effort is made to avoid re-victimizations of the victim survivor through a judicial system that addresses civil and criminal elements in two separate court systems.Restorative Mediation, in summary, is a process that tries to make things as right as possible for the victim survivor by addressing psychological and spiritual healing, moral accountability, and it recognizes the definitions of sexual misconduct provided by civil, criminal and church law. This form of mediation seeks to assure all affected parties of their future safety and security. It is fast and cost- efficient for the victim/survivor because the mediation fees are usually paid by the diocese or religious community. It provides the opportunity for emotional healing and personal peace for those involved. It is a private, voluntary, informal and party-controlled process where legal representatives or other supporting representatives can be present.
Who Serves on the Restorative Justice Council?
The RJ Council is composed of nine members from various geographical areas who work in multiple disciplines as restorative mediation practitioners, theologians, attorneys, peacemakers, representatives of victim and offender organizations, and academics in higher education who promote and collaborate with this restorative mediation model.How Do I Request Services?
To request services or for further information, you can send email to Linda Harvey, Program Director of the Restorative Justice Council. For other ways to contact the Council, visit our contact page.—> Return to "Another Choice" table of contents