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Mediation could bridge gap between offender and victim

Offenders could be forced to explain themselves to their victims under proposals to improve mediation in Bermuda.

A three-day conference on the Island which starts tomorrow will hear how many problems could be resolved with better communication and mediation skills.

Some of the world's top mediators are gathering with representatives from local bodies, including the Attorney General's Chambers and Police, to discuss how mediation can be used.

On the agenda is victim and offender mediation, families in conflict, commercial disputes and complaints involving Police.

The Coalition for the Protection of Children (CPC), The Centre for Community and Family Mediation and Canada's Carleton University have organised the think tank which will be based on roundtable discussions and question and answer sessions with some of Bermuda's key legal players.

CPC chairman Sheelagh Cooper said: "This conference is really about bringing people together to develop their mediation skills to address conflicts.

"Mediation is one approach that is increasingly being used in the western world to address long standing problems and we are going to look at how we can develop it here.

"For example, the criminal system does not resolve conflicts that occur between victims and offenders. We can provide an alternative to incarceration.

"Our experience is that most victims want to address the offender and talk to them. Mediation is the way forward.

Presenter Cheryl Picard from Carleton University said the mediation model she uses is "interest based''.

"It is based on what the parties need as opposed to what they want. They have to identify what is important to them and why,'' she added.

"The process usually allows them to `save face' as they reach decisions together. And they have joint ownership of the success.'' Gary Nelson, another visiting presenter, said adjudications were divisive and, therefore, did not fully address the problem.

"After a court case you will still have unanswered questions that in mediation you can have answered,'' he said.

"You may want to know why the person offended and explain to them how that affected you,'' he continued.

"Jail separates an offender from the community and often leaves them feeling isolated so that when they come out, they continue to offend. But mediation deals with some of the social problems and we have seen a reduction in recidivism in cases that were mediated,'' he said.

Citing his most successful case, Mr. Nelson said that five teenagers in Canada, who were guilty of breaking and entering offences, completely turned their lives around when they learned how their actions had impacted the businesses they stole from.