M EDIATION WITH OUR OWN COLLEAGUES ? Cooperation between courts, prosecutors and mediators Borbala Fellegi, PhD. Foresee Research Group, Hungary Mediation.

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Presentation transcript:

M EDIATION WITH OUR OWN COLLEAGUES ? Cooperation between courts, prosecutors and mediators Borbala Fellegi, PhD. Foresee Research Group, Hungary Mediation Conference, Warsaw 4 December 2009

SOME FACTS & FIGURES Legislative framework for VOM since 2007 National VOM service provided by the Probation Service’s trained mediators Scope: traffic, violent and property crimes up to 5 yrs of imprisonment; adults – juveniles Referral agencies: prosecutors (80%) and judges (20%) Approx cases/year; (1,5% of all criminal cases) juvenile cases: 12% Agreement rate: 80%; 91% of the agreements are fulfilled; Satisfaction: above 90% Financial reparation: more than 1 million EUR (2007) All rights reserved. Foresee Research Group 2010.

What did prosecutors and judges think of VOM and RJ before its implementation? Research from 2007 Language of the CJS Language of the restorative approach Common language ? All rights reserved. Foresee Research Group 2010.

(Some) main findings of the research Importance of the micro level (attitudes, personalities) Officials rather than law-makers Punishment is not equal with facing consequences The ‘ideal sanctioning system’ is compatible with RJ principles Giving power back to the parties can be acceptable The importance of clients’ personal feedback to the legal practitioners All rights reserved. Foresee Research Group 2010.

Communication on the systemic level SWOT STRENGTHS Multisectoral operation Nation-wide Legitimacy Adult, juveniles Not only diversion Basic principles “Learning by seeing” OPPORTUNITIES Joint trainings Learning by seeing Change in attitudes Good results Inefficiency of the traditional CJS Multi-agency cooperation International exchange WEAKNESSES No preparation Diverse interests, attitudes, personalities in the judiciary Lack of knowledge and understanding Offender and material focus Top-down mistrust over-regulation, high discretion and exclusion in referrals, competency-clash THREATS No preparation before future reforms Weaknesses don’t change Routinized practice Lack of info-sharing and awareness raising Power-games, jealousy, fear or losing competency Penal populism All rights reserved. Foresee Research Group 2010.

Communication between the judiciary and the mediators – individual level All rights reserved. Foresee Research Group 2010.

What do we expect from a client in mediation? security self-esteem responsibility-taking; honesty articulation of own needs trust taking care of others recognising, listening and understanding the other side cooperation, partnership giving and requesting feedback ability to self-criticism giving another chance communication skills belief in the win-win outcome openness and trust towards an impartial mediator reflection to the principles supporting others in making amends Do we represent these principles in our daily work with each other? All rights reserved. Foresee Research Group 2010.

THANK YOU FOR YOUR ATTENTION! Borbala Fellegi Executive director Foresee Research Group All rights reserved. Foresee Research Group 2010.