Comparative Perspectives on Victim/Offender Mediation With Adult Offenders in Austria and Germany: Preliminary Results From an Empirical Research Project

Michael Kilchling, Max-Planck-Institute

ABSTRACT
Restorative justice has become a major issue in criminal justice policy throughout different regions of the world. Even though based upon a range of differing theoretical approaches, mediation practice show similar basic characteristics. Starting up with a number of model projects dealing with juvenile offenders at first. victim/offender mediation (VOM) is practiced in Austria and Germany since more than 10 years now. Meanwhile it has also been implemented for settling offenses committed by adults. Thus it is established as a regular-part of the Criminal Justice System. A joint research project conducted by the Max-Planck-Institute Freiburg/Germany and the University of Graz/Austria is evaluating VOM dealing with adult offenders, The first section of the paper gives a comparative introduction to the legal provisions regulating mediation. The second section outlines the research design. Unlike program evaluations typically conducted to investigate the practical work of VOM schemes, our research is analyzing the significance of VOM from the system's point of view. Based on a control group design, we will analyze VOM cases (experimental group) versus a selection of similar cases resolved through traditional procedures (control group), Analyses will focus on (i.) a record of the frequency of mediation, (ii.) qualitative profiles of typical VOM cases by personal and case-related variables, and (iii.) evaluation of the consequences of VOM versus regular intervention on the micro level, i.e., in the personal perspective of victims and offenders involved, as well as on the macro level, i.e., with regard to the Criminal ,Justice System (how VOM affects sentencing). The final section, presents a selection of preliminary research findings from the first wave of cases observed.

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Updated 05/20/2006