Restorative principles and practices

Restorative principles have much to offer us in changing the way we think about and resolve or transform conflict.  They offer us an alternative to the regenerative cycles of blame, revenge, punishment, retaliation and relationship damage associated with the way we tend to deal with crime and conflict.  Restorative justice sees crime or offence primarily in terms of an absence or breakdown in the relationship between victim and offender. 

Key principles focus on the harm caused by the offence, building or restoring the relationship and repairing the damage done rather than punishing the offender for breaking the rules/ laws.  The Restorative approach shifts the primary focus towards the needs of the victim rather those of the state and also includes those of the offender.  Restorative principles re-engage community in responding to crime and in building relationships rather than leaving it to authorities to impose justice.

The assumptions and principles evident in our current justice systems underpin much of our understanding about how to deal with conflict and, while valuable to a point, they do not help people resolve and transform their own conflicts and often result in deeply damaged relationships with at least one, if not all parties, dissatisfied with the outcome.  We can do much better.

Current justice practices assume that there is such a thing as "the truth"; and that the adversarial presentation and challenging of evidence will enable the judge to discern this truth and establish blame or guilt.   Further, it is usually followed by an infliction of pain or punishment on those deemed to be looser or offender.  These assumptions include the idea that those who do wrong should be punished and that the threat of punishment is required to ensure that potential wrongdoers comply with society's rules. Such assumptions may be the best we can offer within a Justice system tasked with sorting out conflicts among those unwilling or unable to sort them themselves but they are inhibiting and a barrier for those who wish to successfully resolve contentious issues in a more constructive manner.

These assumptions permeate our way of thinking about how to deal with conflict.  The search for "truth" predominates and, like our legal system, is usually conducted by the adversarial manner.  Of course, in our everyday conflicts, the truth usually means "our" truth, which is usually different from others "truth".  "We are right and they are wrong - one of us must be wrong and I know that it is not me". But there are no unbiased judges in our everyday conflicts.  "Truth" assumes some omniscient perspective, which is undoubtedly beyond our less than god-like humanity.  We need to remember this if we are to learn how to creatively resolve and transform our conflicts.  The best we can hope for is to represent our perceptions, values and interpretations - our window on reality, which if we admit as much, allows us respect those of others.  (This is not meant to be a criticism of the necessary work of judges - merely to point out the limitations of the mindset and the need to go beyond it in our quest for better ways of dealing with conflict).

Such win/loose and punishment/ victor takes all mindsets lurk in the background of our consciousness, and are regularly enacted in our homes and institutions.  They form the cultural backdrop and guide to our expectations of outcome.  Is it any wonder that we shy away from dealing with conflict?  These mindsets are deeply ingrained in our culture and reinforced on a daily basis every time our judges or those in positions of authority and power hand down their judgements.  We need to surface and change them if a more responsible and less damaging way of dealing with offence and conflict is to be found.

Restorative principles and practices focus on reparation and relationship not the attribution of blame and punishment.  Offence is defined as a violation of a person or group rather than of the rules/ laws.  This makes it more personal and draws one into relationship, triggering a different kind of response and way of thinking to the defensive one required to prevent or minimise retribution.  In focusing on the future of the relationship it offers the offender the possibility of reparation rather than the prospect of suffering meaningless punishment for a past that cannot be changed. 

Restorative principles emphasise dialogue and relationship building rather than defence; restitution and respect for the victim rather than the pale satisfaction of revenge or infliction of "just deserts".  It offers the miscreant the opportunity to redeem their dignity and self-esteem by taking responsibility for their offences and their impact and engaging in its repair.  Such an approach builds community through successive iteration and addresses the more difficult challenge of facing societal inequities through such dialogue rather than marginalizing them in the court system.

Restorative practices give an opportunity for all those affected by an offence to meet, listen to each other's stories and explore ways forward that might repair some of the harm caused by the incident.   These interventions, including mediation, family or victim-offender conferencing and healing circles, differ according to setting and purpose but share certain essential steps. I.e. Everyone affected by an offence, behaviour, a conflict situation or a problem affecting them, has the opportunity to talk about what has happened, explain how they have been affected by it, describe how they are currently feeling about the situation and what they want to do to repair the harm caused.

In summary, advocates of restorative practice believe in the capacity of human beings to resolve their own problems and disputes if they are given the opportunity to listen to each other in a safe, non-judgemental environment.   Restorative practitioners and advocates believe in the importance of accountability and responsibility; in the possibility of conflict transformation in which pain, fear and hatred can abate and leave room for forgiveness, understanding and compassion; and in which guilt or denial give way to remorse and a desire to make good the harm caused.

Applying restorative values and principles in a criminal justice, educational and other contexts is not an  easy task.  Where blame and punishment are the traditional responses to conflict and wrongdoing, the culture of the institution itself needs to change not just people's behaviour. A core shift in the way we think about offence and our responses to it is needed to bring about this change.  This has been described as a paradigm shift and it is in its early stages.  It will take time and commitment for it to become as potent an advance in dealing with conflict as our adversarial justice system was in its time. 

Besides a change in our understanding and attitudes, successful Restorative interventions require certain skills on the part of the facilitators or mediators and, will be helped considerably if these same skills are being developed in all members of the community likely to be involved in dealing with offence and conflict.