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 The concept of Victim–Offender Mediation (VOMP) is fairly simple. A face–to–face meeting occurs between a victim and offender, mediated by a trained community volunteer. The offender meets with the person he/she has wronged to discuss the effects of what happened, and what can be done to restore and make amends to the victim and community. This mediator serves as a neutral third party who has no stake in the conflict and no power over either participant. A mediator also represents the community—not the criminal justice system.
In the former Deschutes County justice system, corrections resources were targeted toward the offender, with the victim often under–represented, or at best passively participating in the system. The outcome of this process was to determine the most appropriate retributive response. Retributive justice focuses on public vengeance, deterrence, and punishment through an adversarial court process, and by its very nature, insulates the offender from the human consequences of his/her acts. That retributive system often promoted competition between advocates of rehabilitation and punishment, with citizens involved in the “system” experiencing increased frustration.
VOMP views crime as a conflict between people, not a conflict between an offender and the state. In this sense, an offender faces the consequences of his/her actions in a face–to–face meeting with the victim, and it can be seen as rehabilitative and preventive. Vomp stresses accountability to the individual(s) harmed, not just accountability to the system. In some cases, Vomp may also be seen as an alternative to our system of jails and prisons, which may cause more destructive than some other forms of sanctions, and is certainly more expensive. In other cases, Vomp can be used in conjunction with a jail or prison sentence.
It should be understood that no one is advocating closing jails or prison. It is clear that chronic, serious, and violent offenders must be incapacitated. However, it is our responsibility to ensure we are using detention beds in the most effective manner possible.
Following receipt of a referral, the Restoration Team Community Justice Officer (CJO) determines whether or not the offender is “admitting” or taking responsibility for his or her actions. If so, the CJO contacts the victim to determine if there is a willingness to mediate. If the victim agrees and based on their scheduling needs, a mediation date and time is established. If the victim is unwilling to mediate, the case is typically facilitated through an intake process and formal accountability agreement.
Mediation often provides the following benefits:
- Victims have the opportunity to ask questions about the offense and why it happened. Answers to these questions can help dispel fear and promote healing.
- Victims have the opportunity to express their feelings about the impact of the crime.
- Victims have the opportunity to work out a written agreement to address their losses.
- Mediation has been shown to provide more durable agreements than other programs.
- Victims often experience a sense of closure regarding the crime.
- Victims often experience a feeling of empowerment through participation in the mediation process.
- Offenders experience the full human impact of their actions when meeting with their victim; this process promotes development of pro-social behavior and reduces likelihood of recidivism.
- Offenders are held directly accountable to individuals they have harmed through a face-to-face meeting which addresses victim’s needs and rights.
- Offenders have a voice in deciding how they can repair the harm they have done to the victim and community. This increases the likelihood of successful completion of the contract.
- Offenders are afforded an opportunity to develop empathy for the human consequences of crime.
- Offenders perform restorative community work service which promotes a bond with the community.
In Deschutes County, VOMP handles adult and juvenile cases, primarily property crimes. Following a referral, eligibility is determined by the willingness of a victim to participate, and the willingness of an offender to assume responsibility for his/her actions.
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