Does this sound familiar? Is mediation the best
process for this situation or is something else more
appropriate?
What can neutrals in the world of conflict resolution
learn from the field of restorative practices? What motivates some mediators to incorporate additional ADR
tools that exist along the restorative practices continuum? The discussion that follows provides an overview
of restorative practices and its relevance to the dispute
resolution community, highlighting different restorative
strategies and tools that support mediators, facilitators,
and others in the dispute resolution field.
THE PHILOSOPHY OF
RESTORATIVE PRACTICES
Over the last few years, restorative justice and
restorative practices have gained increased attention
in a variety of contexts. This is particularly evident in
the educational field as schools seek to change disciplinary policies. There has been “growing international
interest in restorative justice theory” as data highlights
the shortcomings of the criminal justice system (Mark
Umbreit). In the United States this expansion seeks
to address gaps in the criminal justice system which
often lacks effective rehabilitation tools and provides victims
with a limited voice in the justice
process.
Restorative justice is a phi-
losophy evolving from tribal
cultures which uses inclusive
collaborative processes to
address instances of harm and
hold people accountable. In his
landmark book The Little Book
of Restorative Justice, Howard
Zehr defines restorative jus-
tice as, “a process to involve, to
the extent possible, those who
have a stake in a specific offence
and to collectively identify and
address harms, needs and obli-
gations, in order to heal and put
things as right as possible.”
Unlike in many criminal justice systems today,
restorative justice focuses on engaging and treat-
ing all parties respectfully; the process itself places
an expectation not only on the offender to repair
the harm done but also on the stakeholders of the
community to provide support to the offender to
follow through, if needed. Today restorative jus-
tice in communities includes different models such
as victim-offender mediation, family group con-
ferencing, family group decision-making, circles,
restorative dialogues and conferences, and formal
conferences.
The term restorative practices defines a philosophy, a way of being, with principles, values and tools
that are rooted in restorative justice, but extends
outside the field of criminal justice. Restorative practices emphasize proactive community-building as a
core premise, as a means of preventing conflict and
wrongdoing. The values of restorative practices are
consistent with the research of Mary E. Clark, the
late twentieth century biologist and researcher, who
determined that humans have three fundamental
psychic needs: to bond with others (acceptance in the
group), have autonomy of action (freedom of action),
and a need for meaning (Mary
E. Clark, Aggressivity and Violence: An Alternative Theory of
Human Nature, 1988).
CONTINUUM OF
RESTORATIVE TOOLS
The tools that support the
philosophy of restorative practices fall on a continuum that
shifts from informal, those that
can be used with a minimum of
planning and may involve fewer
people, to more formal tools,
ones that require more planning
and effort and may involve more
people. There are a number of
different versions of the continuum of restorative tools, some
that include mediation.
The Restorative Neutral
About the Authors
BARBARA
SUGARMAN
GROCHAL
is Director of the
School Conflict
Resolution Education Programs at the
Center for Dispute
Resolution, University of Maryland
Francis King Carey
School of Law.
She also serves as
an instructor and
consultant with the
International Institute of Restorative
Practice.
TOBY TREEM
GUERIN
a clinical law
instructor and managing director of the
Center for Dispute
Resolution at the
University of Maryland Francis King
Carey School of
Law. She co-teaches
the mediation clinic
and actively mediates in a variety of
court, workplace,
and community
settings.
by
Barbara Sugarman
Grochal &
Toby Treem Guerin
A REAL STORY:
You are a mediator. One day you receive a call from the leader of an organization about the
need for mediation between a supervisor and her employees. The organization leader shares
that over a series of months the communication between the supervisor and the unit has
deteriorated to the point where some people are no longer talking to each other. The tension
is so bad that others outside the unit have made comments to the leader. You are asked to
mediate the situation.
