The NEUSTART Concept of Victim-Offender Mediation

Victim-offender mediation means using mediation in the field of criminal law. Mediation is focused on developing conflict solutions by involving all concerned parties – under the professional guidance of an impartial third person.

Compared to mediation in other fields where the conditions are the same for all involved parties and where the parties decide freely to take part in mediation, the initial situation in the case of victim-offender mediation is somewhat different. The basic requirement for victim-offender mediation is that an offence has been committed which has been reported to the police: therefore, the “interested parties” do not choose this means for conciliation themselves but it is the investigating public prosecutor’s office or the court which entrusts NEUSTART with the mediation. This approach is the only possibility, especially for the accused person, to avoid legal proceedings with a threatening conviction – and all related consequences.

Mediation in criminal law has been used increasingly for many years all over Europe since victim-offender mediation often creates a win-win-situation for all involved parties:

costly proceedings such as criminal or civil proceedings can be avoided or at least simplified by comprehensively settling the cause of the conflict. Mediation has to take place directly between the involved parties and it has to be guided by an experienced mediator
the victim’s role does not remain restricted to being a witness in the criminal proceedings. Thus, victims can deal with all concerns and consequences of the offence for them within the scope of victim-offender mediation, which is no less relevant, and express them towards the accused person. Moreover, victim-offender mediation normally results in an adequate form of restitution – whether personal or material.
by openly admitting their misbehaviour and by actively striving to find out about the circumstances and consequences of their behaviour, accused persons can often avoid being convicted as well as the related private, professional and social consequences. Moreover, victim-offender mediation gives them the chance to explicitly admit their fault and to directly apologise to the victim in a face-to-face meeting

For NEUSTART mediators, it is indispensable to undergo adequate training as well as to acquire the competence and the skills which are necessary in order to do professional work in their difficult capacity as neutral third persons. These central competences are supplemented by sound practical knowledge and extensive expertise with regard to social and legal factual issues which are enormously relevant in connection with victim-offender mediation. Victims as well as the accused persons benefit from this expert knowledge since only well-informed victims and accused persons can decide on solutions which take their situation, their needs, wishes and objectives into account.

The potential of cases which are suitable for being solved by means of probation service in Baden-Württemberg is much higher than the number of cases dealt with so far. Up to now, about 1,000 adult accused persons subject to general criminal law were involved in victim-offender mediation every year. This is a very low number in international comparison.

NEUSTART intends to clearly increase the number of cases of victim-offender mediation – by providing the parties ordering with specific information but also by offering services across the federal state which are of a constantly high quality.

Also with regard to this, the intensive cooperation with the Austrian non-profit organisation NEUSTART provides valuable ideas concerning a successful further development of the methods chosen up to now, particularly as NEUSTART Österreich disposes of many years of experience in the field of out-of-court mediation (ATA) and is therefore predestined to provide its branch in Baden-Württemberg with advice and support within the scope of a dialogue based on partnership when it comes to intensively implementing all project steps. The pertinent and methodological parallels between the work of the Austrian parent organisation and its branch in Baden-Württemberg are clearly evident, the possibilities of supporting each other are tremendous. Moreover, NEUSTART cooperates with the victim-offender mediation service office of the Deutsche Bewährungshilfe [German probation services] (DBH). The courses offered since autumn 2007 are taught in close cooperation.

Objectives and intentions of victim-offender mediation
The aim of victim-offender mediation consists in restoring peace under the law to the greatest extent possible, especially by supporting the material and immaterial interests of the victim. At the same time, bringing the accused person and the victim into face-to-face contact within the scope of the mediation, the social competence of the accused is to be increased and a change in his/her behaviour is to be stimulated and achieved. Victim-offender mediation is also recommended if the offence was committed due to more complex conflicts and if the concerned parties are willing to deal with their conflicts in a reflected manner.

What cases are suitable for victim-offender mediation?
Victim-offender mediation is restricted by different criteria under criminal law such as e.g. the range of sentences, the seriousness of the offence, previous convictions, risk of reoffending etc.
Additional restrictions arise – from NEUSTART’s point of view – in the following situations:

if the behaviour of the accused is based on behavioural patterns which have been internalised for a long period of time and which are often resistant to being changed. In such cases, one can hardly expect to overcome these solidified behavioural patterns by means of victim-offender mediation. Often concerned are violence-dominated relationships where the male partner uses violence as a means of demonstrating his power. In these constellations, the man again and again arrogates the right to enforce his interests, wishes and desired by means of physical violence
in the case of minor offences
in the case of clearly psychosocial problems of the accused person resulting from the offence, which requires support and/or a long-term supervision

Download our Brochure on Victim-Offender Mediation