| Description |
The demand for justice which society places on our judicial system has stretched its meager resources to the breaking point. The jails are full to the point of overflowing, the courts of the justice system are swamped by the enormous caseload, and the understaffed branches of law enforcement are struggling to hold back the wave of crime that seems to engulf certain areas of our nation. However, while the clamor for more jails and sterner punishments rings all around us, an alternative method of dispute resolution known as mediation is being embraced by the justice system. Mediation follows the tenets of restorative justice in that it attempts to involve the victim and offender in a search for mutual healing and solutions. In 1994 the Utah Victim Offender Mediation Program started to use mediation as a method for dispute resolution in its juvenile court system. Pioneered by individuals such as Richard Oldroyd, Bill Dinehart, Leonard Hawes and Diane Hamilton, the mediation program quickly took root and began to grow. By May 25th 1994, a total of 45 cases had been referred to the program. Of those 45 referrals, 26 cases had reached a mutually acceptable agreement. The mediation program has grown extensively since that day. In 1999 a total of 269 cases were referred for mediation resulting in 153 in mediated settlements. Statistics taken from a survey filled out by victims and offenders upon reaching a settlement reflected optimistic attitudes and satisfaction with the program. A second survey was recently distributed to mediation participants 6-12 months after the mediation agreement was signed. While the information from this survey was generally positive and supportive of the original survey's findings, it also revealed a significant drop in the victim's level of satisfaction with the mediation program. Data analysis indicated that this loss of enthusiasm was due primarily to the fact that many offenders had not complied with the terms of the mediated agreement. Accordingly, it is recommended that the mediation program work closely with victims and offenders until the offender completes the mediated agreement. |
