$0.00 – $6.00
David Baharvar under the supervision of Robert C. Bordone
Six- or eight-party mediated restorative justice circle among juvenile offender, offender's parent, victim, community member, facilitators supporting each side, and one or two mediators, regarding a juvenile shoplifting incident
SCENARIO:
This case is a "community restorative circle" scenario, which is a structure somewhere in between a typical two-party mediation and a complex multi-party mediation. The restorative justice model is an alternative to the usual adjudicative process for dealing with small crimes where the offender has admitted their guilt. The victim of the crime and the offender are brought face to face, but there are also community members present, plus facilitators who act as support for the parties, plus mediators ("Keepers"). All parties must sign off on any agreement. In total, the case can involve eight people or six (take away the two "facilitator" roles).
This is a juvenile delinquency, first-time offender case. A teenager was caught for low-monetary-value shoplifting and admits his guilt. Both he and the store owner have chosen to try a restorative circle to come up with a process of resolving the matter, while the juvenile court process is put on hold. The roles are based on the real-world model of Concord Restorative Circle, a volunteer, non-profit organization in Concord, Massachusetts.
MAJOR LESSONS:
- How mediators should adapt their approach when faced with a community-based mediation setting, and how mediators can apply some of the same principles here as in two-party mediation contexts. If mediation is the focus of the teaching, then it is best to have two already-trained mediators play the role of the mediators here.
- Along these lines, the case may be used to introduce mediators who have only two-party or court-annexed mediation experience to a multi-party mediation context, but one that is still relatively simple and revolves around only two parties.
- For the people who play facilitators (a role somewhere in-between advocate, counselor, and reality-checker for their particular party), the case illustrates how using the Harvard Negotiation Project's "7-elements" model of negotiation plays out in a multi-party context.
- For everyone involved, the case illustrates principles of restorative justice in practice.
Participant Materials Include:
- Police Report
- General Instructions
Confidential Instructions for:
- Shaheen Laheejan, grocery store owner
- Chris Jensen, 16-year-old offender
- Robin Jensen, Chris's parent
- Sam Jones, community member
- Two "Keepers" (co-mediators)
- "Facilitator" for Shaheen Laheejan (optional role for 8-party version)
- "Facilitator" for Chris Jensen (optional role for 8-party version)
Teacher's Package includes:
- All of the above
- Teaching notes
Juvenile Justice Restorative Circle Attributes
Time required: | 1-2 hours |
---|---|
Number of participants: | 6 |
Teams involved: | No |
Agent present: | Non-lawyer |
Neutral third party present: | Mediator |
Scoreable: | No |
Teaching notes available: | Yes |