Frequently Asked Questions - Juvenile Justice Mediation Program
FAQs
1. What is the Juvenile Justice Mediation Program?
2. What are the advantages of offender-victim mediation?
3. How does mediation help the offender?
4. How does mediation help the victim?
5. How does the mediation process work?
6. How can I be referred to offender-victim mediation?
7. What do the mediators do?
8. Do I have to go to mediation? " Do I have to go to mediation?
9. Do the parents of an offender have to go to the mediation?
10. What do the parents do at the mediation?
11. Will the offender's lawyer be at the mediation?
12. How much does the mediation cost
13. How much does the mediation cost
14. How many sessions will it take to come to an agreement?
15. Where do the mediation sessions take place?
16. What if I do not feel safe meeting with the other person in mediation?
17. Is the mediation confidential?
18. What if a participant wants to share information about the mediation with a third party?
1. What is the Juvenile Justice Mediation Program?
The Juvenile Justice Mediation Program allows the person(s) who committed a crime and victim(s) of the crime and the to meet face to face in a safe environment. This type of mediation is called "offender-victim mediation."
In offender-victim mediation, two trained mediators help the victims and offenders talk about the crime. The parties talk about the harm the crime caused. Then the mediators help the victims and offenders make a plan that helps the victim and the community. They work together to make things as right as possible.
The program follows the principles of restorative justice. When we respond to crime in a restorative way, we consider everyone affected by the crime. This includes the victim, the community, and the offender.
The San Mateo Superior Court administers the Juvenile Justice Mediation Program. We work closely with the Peninsula Conflict Resolution Center (PCRC). PCRC provides trained volunteer mediators who help guide the mediation process. Mediation services are free.
2. What are the advantages of offender-victim mediation?
Offender-victim mediation:
- helps victims heal.
- repairs the damage caused by the crime.
- improves public safety.
- helps the offender grow and learn.
- reduces the chances that the offender will commit another crime.
- lowers costs for the Juvenile Justice System.
Offender-victim mediation follows the principles of restorative justice. This means allowing the victim, community, and the offender to be involved in the justice process by:
- participating in a process that identifies the harm the crime caused,
- agreeing on what needs to happen to make things as right as possible, and
- holding the offender personally accountable for repairing the harm caused by the crime.
3. How does mediation help the offender?
Mediation allows the youth offender to take responsibility for his/her actions by:
- facing the victim(s), and
- working together to create a restitution agreement that is acceptable to both of them.
Restitution allows the offender to be personally accountable.
4. How does mediation help the victim?
The victim gets a chance to ask questions that only the offender can answer (like how and why they did it). Mediation is also an opportunity to express their frustrations and concerns. The victim works with the offender to decide on the restitution needed to cover their losses and to make things as right as possible.
5. How does the mediation process work?
Mediation allows the victim of a crime and the person who committed the crime to meet face to face. Two mediators will help them talk about how the crime affected their lives.
The victim gets a chance to ask questions that only the offender may be able to answer, like how and why they did it. Mediation also allows the victim to express their frustrations and concerns. The victim and the offender work together to decide on the restitution needed to cover the victim's losses and to make things as right as possible.
Mediation allows the youth offender to take responsibility for their actions by:
- facing the victim, and
- working with the victim to create a restitution agreement that is acceptable to both of them.
Restitution allows the offender to take personal accountability.
The mediators encourage good communication between the victim and the offender. They do not give advice or make decisions. They help the victim and the offender to explore and negotiate their own solutions. If the parties can agree on a solution, the mediator can put the agreement in writing.
6. How can I be referred to offender-victim mediation?
Referrals can be made before or after the youth enters the formal justice system. If a first-time offender is referred right away, this may prevent the offender from entering the formal justice system.
Referrals to the program come from many sources. The agencies that typically refer youth offenders include:
- Court
- Probation
- District Attorney
- Defense attorneys
- Victims and victim advocates
- Affected community members
- Schools
- Law enforcement
- Youth Services Bureau
If you've been referred to the Juvenile Justice Mediation Program, or if you are interested in using our services, contact the program at 650-261-5077.
7. What do the mediators do?
The mediators encourage good communication between the victim and the offender. They help people explore and negotiate their own solutions. The mediators are neutral. This means they do not favor one side over another. If the parties can agree on a solution, the mediator can put the agreement in writing.
8. Do I have to go to mediation?
Offenders must contact the program when they are referred so they can learn more about the process. The mediation will happen when all parties agree.
Victims do not have to go to mediation. Their participation is completely voluntary. But we encourage them to learn about the program before making their decision.
9. Do the parents of an offender have to go to the mediation?
We welcome parents and encourage them to go to the mediation. But parents do not have to go to mediation. They also do not take part in the discussions between the parties.
10. What do the parents do at mediation?
Participants can ask for a break during mediation to talk to their parents. Parents can give their children emotional support and advice. Sometimes, the youth offender may need their parents' support or cooperation if the mediation agreement impacts the parents in some way. For example, a youth offender may agree to do personal or community service and they might need their parents' help for transportation.
11. Will the offender's lawyer be at the mediation?
The offender can ask their lawyer to go to mediation. But the lawyer cannot take part in the talks. Offenders may talk to their lawyers privately at any time during the mediation.
12. How much does it cost?
Juvenile justice mediation is free.
13. How long does the mediation last?
The sessions are usually 1 to 3 hours. It depends on how long the victim and offender are willing to spend on resolving the matter.
14. How many sessions will it take to come to an agreement?
It usually takes one session to come to an agreement. If you need more time, you and the mediators will decide when and where the next mediation will be.
15. Where do the mediation sessions take place?
The sessions take place in a neutral location, like a:
- conference room,
- library,
- community center, or
- mediation office.
16. What if I do not feel safe meeting with the other person in mediation?
If anyone involved in mediation is afraid, the mediation can take place in the conference room of a local police department. If necessary, the parties can be in separate rooms until they are less afraid.
17. Is mediation confidential?
Yes. With some exceptions, everything said in mediation is confidential. But if a mediator learns of child abuse or threats of physical harm to others, the mediator will report this to the mediation program manager. The program manager can report this information to other agencies or individuals.
18. What if a participant wants to share information about the mediation with a third party?
If all parties agree in writing, they can share information with a third party, like a parent, relative, lawyer, or the probation officer.