Qualifications and trainings for mediators in Germany 1.General overview 2.Legal framework 3.Training courses by the VOM service office

General overview Restorative justice in Germany is mainly VOM according to the current practice The criminal law regulates only the referral conditions and the impact of VOM in the sentencing and diversion process. The organization of VOM in Germany is very fragmented

Legal framework - overview TOA (VOM) in its legal sense means „ an effort to achieve reconciliation with the victim“ (§ 46a StGB) and does not necessarily require mediation. Therefore: There are no legal provisions for the mediative process itself. The necessary qualifications of mediators are not regulated by law. Also the kind and quality of institutions that can offer VOM is not legally regulated. The constitution (Art. 28 II GG) leaves the organisation of social wellfare for children and juveniles including the „juvenile court aid“ in the hands of the communities. Therefore the communities are entit- led to organize and fund VOM according to their own views and priorities. The organization of VOM/RJ for adult offenders is in the hands of the 16 federal states of Germany (Art. 30 GG). The central state partly finances the „Service Office for VOM“ and the „Federal VOM-Statistics“.

Some milestones in training and evaluation Since 1992 the service office organizes training courses for mediators In 1993 the „Federal VOM Statistics“ was introduced as a standardised evaluation instrument on a voluntary basis Since 1994 the service office publishes „VOM Standards“ –Participation of victims and offenders has to be voluntary –Victim and offender have to be informed about VOM in a trustworthy and comprehensive way. They must not become pressed or manipulated to accept VOM –The evidence against the offender has to be cleared –The victim should be a natural person –Communication in the mediation process should be confidential –Justice and magistrates should leave the way and kind of settlement in the hands of victims and offenders In 2005 the service office has introduced an auditing procedure with a „stamp of quality“ for institutions that fulfil the VOM standards completely.

RJ in practice – some data There are about 250 institutions that offer VOM According to the last assesments of the Service Office we have about to VOM cases each year. The mediators are mainly social workers with an university degree that have passed the training courses of the service office. Some institutions also work with trained volunteers. Since 1992 about 1200 mediators have passed the qualification course of the Service Office. From time to time additional trainings and workshops for experienced mediators are offered by the Service Office.

TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS Scope One year course usually aside practical work as a mediator. It comprises –four 3-day sections (workshops) –one 4-day section (professional days, final section), –four 1-day, self-organised meetings of the working groups (each with max. 18 participants) –The final colloquium is integrated into the 4-day section.

TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS Content: –Section 1: workshop: solving conflicts –Section 2: joint seminar: fundamental principles of conflict counselling –Section 3: workshop: process of communication within mediation; personality and role of the mediator –Section 4: workshop: special methods / difficult case constellations –Section 5: workshop: deepening, evaluation and final colloquium –Four self-organized meetings of the working groups They take place between sections 2 and 4. Their main purpose is to discuss cases from the practical work of the participants. The cases and discussions have to be documented.

TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS Final paper: –documentation of two cases the participant has worked on –corresponding minutes of consultation by the working group leaders, Final colloquium –discussion of the most important topics resulting from the final papers, –feedback on the one-year co-operation by the leaders of the respective working groups.

TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS Prerequisites of the certificate –attendance of the sections –participation in the working group meetings –completition of a final paper –participation in the final colloquium –consent of the leaders of the respective working group –full payment of the course fees Qualification of working group leaders –qualified educationalists, social workers or similar degrees –certificate as a mediator in penal matters –several years of practice and experience in VOM –experience in the leadership of working groups