Here are the basic steps and principles of the state’s Victim Offender Mediation/Dialogue Process (for more information, see the Texas Dept. of Criminal Justice Web site at www.tdcj.state.tx.us/victim/victim-vomd.htm):
1. The victim initiates the process.
2. The offender volunteers to participate. The offender must take full responsibility for his crime and be aware that participating in the program will not affect his parole status.
3. The victim and the offender are prepared for the mediation. They begin a dialogue through the mediator, who meets with each, separately, in the six to 24 months leading up to the mediation. The victim and offender each respond in writing to a series of questions, promoting the expression of feelings and identifying issues to be broached during the mediation. Exercises may include grief inventory, fear awareness, 12-step healing work, etc. The mediator conducts an ongoing screening of both participants during this time, in order to clarify their motives, issues, questions and their expectations of the pending mediation.
The offender is asked to analyze the “offense cycle” (the factors that led to his offense) and to describe the distorted thinking patterns that “justified” his behavior at the time. He is also asked to consider what kind of restitution he can offer the victim. This can include ways of validating new attitudes developed by the offender, and developing an “offender relapse prevention plan.” These ideas may be incorporated into the “affirmation agreement” which concludes the mediation.
4. The mediation occurs. This usually takes place in the prison housing the offender, and generally covers three major areas: a review of the facts, an expression of feelings, and a discussion of the “affirmation agreement.” Each party is relates his or her experience, asks questions, and expresses his or her feelings.
At the conclusion of the mediation, the “affirmation agreement” — which outlines what the victim expects from the offender — is drafted and signed by both parties.
5. Follow up. After the mediation, the mediator will evaluate the need for further mediations and provide ongoing support to the participants. VOM/D also tracks the long term effects of the mediation on both the healing process of the victim and the recidivism and immediate behavior of the of the offender.
Principles of Healing for Victims
° Until you are honest with yourself and face the pain of your past, the past continues.
° Until you take responsibility for your own grieving and for your own reconstruction and recovery, the offense continues.
° Until you move beyond the past, beyond your story of victimization, to focus on yourself, your present relationships and your future participation in the life of the community, your healing is incomplete.
Principles of Healing for Offenders
° Until you are honest with yourself and face your past, the past continues.
° Until you admit guilt and take responsibility for your offense, the offense continues.
° Until you become accountable beyond yourself to your victim and your community, there can be no healing.
From VOM/D materials
This article appears in August 24 • 2001.