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Restorative
Justice is an innovative approach to offending
behaviour, which places relationships and healing
the damage done to relationships at the heart of a
crime reduction policy. It is an approach that has
the support of the Home Office, and Youth
Offending Teams are being encouraged to consider
restorative approaches when dealing with young
offenders. Research is suggesting that young
people who have met face to face with the people
who have been affected by their criminal behaviour,
together with trained mediators, have tended to
re-offend less. Victims of criminal behaviour have
also attested to the value of the process and many
have been able to move on and put the trauma
behind them.
This
short article will describe our involvement in
initiatives designed to take the values and
principles of Restorative Justice into schools.
The
experience in Great Britain
In
some instances the starting point for the
school focus had been a concern that certain
schools were becoming involved in victim-offender
mediation and conferencing (mediation involving a
wider group of people affected by the offending
behaviour) without appreciating the need for an
environment conducive to restoration,
rehabilitation and re-integration. The process of
mediation and conferencing creates opportunities
for active listening, recognition of the others'
situation, empowerment and, often, apology and
forgiveness. For real healing to take place,
however, there is an implicit suggestion that the
wider community has a role to play in supporting
both victims and offenders to move on after the
mediation. There has been anecdotal evidence to
suggest that sometimes the safe and healing
atmosphere of a conference or mediation has been
undermined by unthinking responses from students
and teachers. An important consideration then, is
what skills the community might need to be able to
support this process of reparation.
Another
line of enquiry was inspired by a key idea in
Restorative thinking - the importance of repairing
harm. Restorative Justice stresses the importance
of relationships over and above rules. It seeks at
all times to restore relationships between people
in a community when these have been damaged by
inappropriate behaviour. The question arose as to
whether it is always possible to assume that
damage has been done to relationship. What if
there was no relationship in the first place?
It
became clear that a truly Restorative
Approach, putting relationship at the centre of
the community, needed to be working at both a
preventative and a reparative level. Things
started to slot into place! For several years
Belinda had been working in schools developing
Peer Mediation projects, working with young people
and a few key staff. However she had come to the
conclusion that such projects can only flourish if
the whole school takes ownership of the philosophy
of mediation and builds the practice and
principles into their everyday interactions at
every level.
A
major influence on this work has been Kingston
Friends Workshop Group, which had devised a
wonderful analogy for considering conflict and
conflict management. They suggest that the
behaviours we see or hear in a group in conflict
(perhaps a classroom or staff room on a bad day!)
are merely the tip of this iceberg. Beneath the
surface we can be fairly certain that what needs
addressing are issues of low self-esteem, poor
communication skills and lack of co-operation. A
comfortable, harmonious classroom or staff room,
on the other hand, would be full of people with
high self-esteem, who communicated easily and
effectively and who enjoyed working together. Not
an Iceberg but a Tropical Island! Belinda had
therefore began encouraging schools to develop
Circle Time as a starting point from which to
develop an environment conducive to problem
solving and mediation, using the ' Iceberg to
Tropical Island' model as a basis for planning the
programme. Her starting point had increasingly
been the adults in the school community, who need
to be modelling the ethos and skills of creative
conflict management and restorative practices.
Without regular staff Circle Time student Circle
Time is difficult to sustain. Staff training has
revealed many staffroom icebergs and a willingness
to work towards that tropical island.
From
this basis the staff themselves can develop
the model which will work best for their own
school. Restorative Justice is about dialogue,
about involving everyone in the process of finding
ways forward, about mutual respect. Circle Time
provides the forum and indeed the structure, for
developing other kinds of circles -
problem-solving circles, mediation circles,
conference circles, school councils and so on.
None
of this is new. Richard Cohen in his book
'Students resolving Conflict' advocates
establishing a positive ethos first and foremost,
then developing one-to-one problem solving skills
and only then considering interventions like
mediation. Belinda's contribution has been to link
all this together with the ideas and practice of
Restorative Justice and call it a Whole School
Restorative Approach.
Of
course there is also the radical aspect of
Restorative philosophy which asks us to look
afresh at rule breaking and punishment. In his
stimulating and challenging book 'Restoring
Respect for Justice' Martin Wright writes:
'Restorative
Justice in the area of criminal justice is
based on the idea that the response to crime
should be to put right the harm, as far as
possible and not, as hitherto, to inflict harm on
the offender'.
In
the school context this might mean responding
to inappropriate behaviour by considering who has
been affected and ensuring that any response takes
into account the relationship between those
involved. Those people familiar with mediation
will recognise the importance of dealing not only
with the behaviours that have caused conflicts but
also addressing the underlying difficult emotions.
Failure to do this leaves resentment and the
conflict is likely to erupt again, maybe in a
different form. This principle can apply in
schools even when the conflict is between adult
and student or adult and adult. Furthermore, as
Martin Wright says:
'The
example set by those who punish is an
anti-social one, it tells people that you can use
superior force to stop other people doing what you
don't want them to do.'
A
Restorative Approach then, endorses practices
like negotiating groundrules with all those
affected by the rules- a common practice in
schools using Circle Time. It encourages mediation
as a way of dealing with conflicts. It promotes
dialogue and negotiation, mutual respect and
empowerment. It provides a template for developing
a truly democratic school, encouraging active
Citizenship skills in staff and students alike. It
suggests processes by which harm can be repaired,
not soft options to punishment, but processes
which make people far more accountable for their
actions than punishment. Punishment without the
opportunity to hear from the people affected by an
inappropriate action can breed alienation and
hostility. The 'wrongdoer' may feel unheard, the
people affected remain resentful or possibly
complacent and the tensions on all sided remain,
to bubble up at a later date. A face to face
meeting, mediated by a neutral facilitator, might
be tough, but experience suggests that there is
more chance of all sides feeling greatly relieved
by the chance to air their feelings, to explore
ways forward and sometimes to offer or accept
apologies.
These
are radical ideas. They are inspiring ideas.
They touch people's hearts as well as their minds.
Schools are excited by them. They want to engage
in the experiment of seeing what will happen if
enough time and support is given over to making
them work. Belinda is about to embark on some
projects in the Thames Valley, for example, which
could take at least two years to be
self-sustaining.
The
Northern Ireland experience
"Understanding
of conflict and non-violent ways of responding
to it' is an objective of Education Mutual
Understanding (EMU, a cross curricular theme in
the curriculum in Northern Ireland. Peer Mediation
was first introduced into primary schools in 1993
as an EMU initiative of the then Quaker Peace
Education Project, an action research project at
the Centre for the Study of Conflict.
During
the next five years peer mediation programmes
were undertaken in a number of primary and
secondary schools in different parts of Northern
Ireland. State school, Catholic schools, and
Integrated schools were all represented in these
programmes. The outcomes of these programmes
illustrated a paradox. On the one hand, children
were well able to internalise, adapt and apply
peer mediation skills both in terms of providing
formal mediations, and using them informally at
home, and with friends. But on the other, hand,
Jerry Tyrrell's research team found that very few
schools were able to sustain the programmes,
because the environment was not necessarily
sufficiently child-centred. Matching Belinda's
experience, they found that schools needed to
reflect the same values throughout its community
This
was brought home to Jerry, when after a
demonstration of peer mediation by a group of
pupils, at a school which had been training
children for some time, a teacher said,
"That's all very well, but what about blame
and punishment." The values of peer
mediation, which included empathy, inclusion,
volunteering, being future focussed, and above all
involving the parties in the conflict in the
solution, are not necessarily those of the
educational system.
In
this sense the Northern Irish experience is
similar to the rest of the UK, and as previously
argued, schools have to create environments which
are conducive to these values, if programmes such
as conferencing or mediation are to flourish and
grow.
The
politics and reality of Northern Ireland have
a way of creating baggage around even the freshest
ideas. Justice is a contentious issue, and
restorative justice has been dragged into the
policing debate, because the restorative justice
programmes in Republican/Nationalist areas tend to
be community based, whilst those in the
Loyalist/Unionist areas are police based.
So
restorative justice has quite a high if
confused profile, and perhaps a public
misconception of what it is and what it can
achieve. Nevertheless the children and the adults
alike make the link between the skills children
use to address conflicts in the playground and
those needed in the Northern Ireland peace
process. Empathy underpins peer mediation and
politicians have gone on record acknowledging that
empathy is a key skill in negotiation.
Conclusion
Those
of us engaged in promoting programmes in schools
based on restorative principles could point to
anecdotal evidence that they have transformed the
teaching and learning environments in individual
schools. The reality is that for schools to take
on such programmes in a sustainable way changes
are needed in the environment of the whole school.
Teaching is an undervalued, under appreciated,
stressed profession, where the arbitrary measure
of academic achievement is considered more
important than life skills. The challenge for us
is to harness the creativity, passion, vision and
vocation that drew teachers into the profession
and encourage them to reflect on their own
practice.
We are feeling our way. We are all taking
risks. We are learning together. Watch this space!
Belinda Hopkins, Director, Transforming
Conflict; Centre for Restorative Justice in
Education
Belinda@transformingconflict.org
Jerry
Tyrrell, Director, EMU Promoting Schools Project
emu@ulst.ac.uk
References
Cohen, Richard (1995) Students resolving Conflict
Glenview: GoodYear Books
Wright,
Martin (1999) Restoring Respect for Justice
Winchester: Waterside Press
Kingston
Friends Workshop Group (1996) Ways and Means Today
Tyrrell,
Jerry (2001) Peer Mediation - a process for
primary schools (ed. Marian Liebmann) London,
Souvenir Press.
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