INKOVEMA Podcast „Well through time“
#194 – Mediation in criminal cases – Victim-offender mediation and its special features in sexual offences
Contributions from the dynamics of conflict. Part 2
In conversation with Hilke Kenkel-Schwartz
Hilke Kenkel-Schwartz: Educator (B.A.) and mediator (BM), Managing Director Konfliktschlichtung e.V. OldenburgExpert for mediation in criminal cases, systemic family therapist, social management (MA) i. A.
Well through time.
The podcast about mediation, conflict coaching and organisational consulting.
Chapter
0:13 – Welcome to the podcast Gut durch die Zeit
1:45 – Introduction to victim-offender mediation
3:15 – Historical development of mediation
7:15 – Differences to general mediation
14:51 – Effects on the victim's perspective
23:32 – The role of mediators in the process
35:36 – Challenges in victim-offender mediation
39:57 – The importance of impartiality
45:50 – Special requirements for sexual offences
52:22 – Current developments and challenges
59:28 – Conclusion and outlook for the future
Summary
In this episode we invite Hilke Kenkel-Schwartzwhich Managing Director of the Conflict Mediation Association in Oldenburg, to talk about the Victim-offender mediation (VOM) to speak. We will shed light on the challenges and special features of this form of mediation in criminal law, which encompasses both legal and social dimensions. Hilke brings her extensive experience and explains how VOM works in Germany and which historical developments have led to its current understanding.
VOM is recognised as an instrument within the Restorative Justice which aims to place both the offenders and the victims at the centre of the process. Hilke explains that it is crucial to recognise and take into account the specific needs of those affected, especially when it comes to serious offences such as sexual offences. Together, we discuss the need for a sensitive and nuanced approach that recognises the human potential of both victims and offenders, rather than defining them solely by their actions.
A central topic of discussion is the impartiality of mediators in VOM. Hilke describes how the understanding and handling of this role must be adapted, especially in cases of sexualised violence. It becomes clear that an exclusive relationship between the mediator and the victim can help to build trust and enable open communication without giving the person concerned the feeling that their safety could be jeopardised.
We also discuss the structural challenges that hinder VOM in the justice system, including uncertainties in case referrals by public prosecutors. Hilke emphasises that despite the legal framework that has existed since the 1980s, there is still a discrepancy between the potential of VOM and its actual application. The reasons for this are manifold and range from internal bureaucratic processes to a lack of knowledge about the method in the justice system.
Another important topic is the feedback from those involved after the VOM and how healthy encounters and dialogues between offenders and victims can actually lead to the restoration of trust and an improved quality of life for those affected. Hilke shares testimonies of people who have found it healing to share their stories and their hurts in the context of VOM and have experienced some form of healing as a result.
We conclude the episode with an outlook on future developments in the field of mediation in criminal law and the hope that education and sensitisation in the judiciary can provide new impetus for VOM. Hilke encourages anyone who wants to learn more about mediation to take a look at this area, as the principles of restorative justice offer important lessons for all mediators. It remains to be said that VOM is a valuable tool for promoting a just and rehabilitative approach to conflicts.
Information on victim-offender mediation, § 46 a StGB
Victim-offender mediation (VOM) is an out-of-court conflict resolution procedure in criminal law that aims to bring the offender and the victim of a crime together in a protected setting to talk about the consequences of the offence and find a joint solution. The aim of VOM is to resolve the conflict arising from the offence in a way that takes into account both the needs of the victim and the responsibility of the offender. In Germany, VOM is legally enshrined in Section 46a of the German Criminal Code (StGB) and can (= does not have to) lead to mitigation of the sentence. This is a sentencing regulation.
1. history and development of VOM in Germany
The origins of victim-offender mediation can be traced back to the late 1970s, when there was an increasing rethink of criminal law in Germany and internationally. Inspired by Restorative justice approacheswhich had their origins primarily in North America, the Reparation for the victim and social reintegration of the offender increasingly in the spotlight.
1986 started the first official VOM model project in Braunschweig and Bremen. The success of this project led to the recognition and implementation of VOM in the German legal system.
With the amendment of the German Criminal Code in the 1990s, VOM was enshrined in law through Section 46a and has been a recognised form of criminal sanctioning/sentencing and conflict resolution ever since. This was followed by the widespread implementation of VOM centres in Germany, which have been continuously expanded since then. VOM is carried out by specially trained mediators who act neutrally and independently.
2. fundamental principles and legal bases
The VOM is based on the principles of reparation and responsibility, as opposed to traditional punishment. The approach is based on the Basic principles of the Restorative Justice–Modelsthat the Healing of the victim, reparation of the damage and acceptance of responsibility by the perpetrator in the foreground. The legal basis for this can be found in Sections 46a and 155a of the Code of Criminal Procedure (StPO) and Section 10 of the Juvenile Courts Act (JGG), which offer the possibility of a reduced sentence if the offender shows that they are taking responsibility by making amends or making serious attempts to do so.
Another fundamental element is voluntariness: both the victim and the offender must be willing to participate in the VOM process. During the process, both parties have the opportunity to present their perspectives and find a solution together. This agreement can include financial compensation, apologies or other symbolic gestures.
The mediators in a VOM are neutral and support communication by creating a space for open and safe dialogue. Their task is to treat both parties as equals and help them find a constructive agreement. This in no way precludes the establishment of a special protective function to prevent re-traumatisation of the victims in certain constellations.
3. the victim-offender mediation process (outline)
The victim-offender mediation process usually consists of several phases:
- Contact and preparationAs a rule, the initiative for a VOM procedure is taken by the public prosecutor's office, the court or the VOM centre itself. Both parties are informed about the procedure and the mediators ensure that both parties participate voluntarily and are prepared.
- Initial interviewsBoth parties hold individual meetings with the mediators before the actual VOM, in which expectations and wishes are discussed. The framework is clarified here and the mediator prepares the parties for the meeting.
- TOA meeting (mediation meeting)During the actual meeting, the offender and victim come together in a safe space. The victim has the opportunity to share their perspective and the offender is encouraged to take responsibility for their actions. The mediators support the dialogue and help to formulate agreements.
- Conclusion and agreementIdeally, at the end of the meeting there is a concrete agreement that is accepted by both sides. Compliance with the agreements is subsequently monitored if necessary.
- Evaluation and final reportAfter the VOM, the mediators draw up a report which is sent to the public prosecutor's office and the court. If the agreement is honoured, this can be seen as a mitigating circumstance.
4 Current situation and challenges
Victim-offender mediation has proven its worth in Germany as an alternative conflict resolution model and is used in a wide variety of cases, from minor offences to more serious crimes. VOM centres are now established in all federal states and offer special programmes for juveniles and adults. VOM plays a particularly important role in juvenile criminal law, as it gives young people the opportunity to learn from their misbehaviour and take responsibility.
One current challenge is the funding of VOM centres, as they often depend on state and municipal funding. Although VOM is enshrined in law, not all VOM centres receive the necessary funding to provide sufficient capacity for their work.
Another problem is the willingness to participate, especially on the part of the offenders. Many offenders reject VOM because they shy away from confronting their victim and admitting their guilt. Victims are also sometimes sceptical about VOM, especially if the crime has caused serious emotional or physical damage. Better information and sensitisation could help to increase acceptance of VOM.
On the whole, however, it must also be stated that the original visions and „objectives“ have by no means been confirmed, so that the VOM has tended to ebb away.
5 Importance and future prospects of victim-offender mediation
Victim-offender mediation is an important alternative in German criminal law and shows that constructive conflict resolution is possible. Studies have shown that VOM participants on both the victim and perpetrator side are more often satisfied with the outcome of the proceedings than in regular criminal proceedings, as the proceedings offer space for personal dialogue and reparation.
In the future, VOM could be further expanded, particularly with regard to digital formats and greater integration into the justice system. Greater social awareness and the expansion of counselling and support services for victims could also help to further establish VOM in Germany and increase its effectiveness. However, there is currently little prospect of realisation, which cannot be attributed solely to VOM, but must also be attributed to the social context.
complete transcript
[0:00]From therefore is it perhaps also to Compare with other Mediation areas, that one thereof goes out, that the People, the here on it participate, that the the Potential have, to reflect and also the Interest in have,
[0:13]
Welcome to the podcast Well through time
[0:12]one good Solution to find. And the is on both Pages equally from us Prerequisite. Cordially welcome to the Podcast Good through the Time. The Podcast round at Mediation, Conflict coaching and Organisational consulting. A Podcast from Inko Fehmann. I am Sascha Weige and welcome you to one new Consequence. And today goes it direct at Mediation. And although in the Mould, that we us a special Field of work view. A Field of work, with the Mediators special The challenges are confronted with, wants I the times so designate. And this Contribution resp. These Consequence provides one Specialist article from the Conflict dynamics before, like we the now since some Time already handle.
[0:55]It goes at the Victim-offender mediation, like it in Germany named becomes, one Sentencing rule in the Penal Code. And in Austria means it, believe me, extrajudicial Offence settlement. And the means, it is a more special Context. And at about it professional demanding and also with Experience speak to can, needs it one Expert on this Area. And the have I today here invited. Cordially welcome, Ilke Kenke-Schwarz. Hello. Hello, I happy me, today with you to Guest to be. Helke, before we the Topic to control, the has so his Pitfalls and his Special features, buttons we us there whole slowly ran. Who are you and like are you with the Topic connected?
[1:39]My Name is Hilke Kenkel-Schwarz. I am Managing Director of the Association Conflict resolution.
[1:45]
Introduction to victim-offender mediation
[1:45]Seat is in Oldenburg. This Association gives it since 1987. Can I perhaps later still what in addition say. Was one the first Associations, the the Victim-offender mediation in Germany carried out have. So real Pioneering work is here performed been. I am however first since 2016 here in the Association active. I am started in the Practice, so I am set been as Mediators in Criminal cases and have, before I the Management here adopted have, Cases in the Victim-offender mediation processed here. And mine Previous history, I come also from the Mediation scene, says I times. I have 2005 one Education made to the Mediator and was since active in the Range Family mediation, before I then in this Specialised area changed am. Yes, the was so to speak one Question, the me always immediately comes with the Subject area. It gave one long Time People, the have the Victim-offender mediation practical got to know, so to speak from the Justice out and then came so to and to the Topic Mediation on and then gives it the others, the so to speak Mediation learnt have and itself so that employ and then in this Field of work come are.
[2:56]And there interested me always whole especially, like comes that? Because it Yes but a very special Field of work is. Yes, I am also in the Education active. So I form also Mediators in Criminal cases from. And there has exactly in the last Education me someone also one similar Question
[3:15]
Historical development of mediation
[3:13]placed, like these both Mediation areas are related. And I understand yours Question also like this, that them on it is aimed at. And there had to I first times superior, what I there answer.
[3:23]Because from mine own professional Career so to speak, I had, until I here started am, I was in the Mediation scene and was also networked with Colleagues, the in Business mediation worked have, Mediation in the Work context or Family mediation, but I have still never from Mediation in Criminal cases until there belongs. So seem also two different historical Developments to be and the Question to one common Origin find I very interesting. I am none Historian and also none Sociologist, but I take times to, because these Movement, the Yes from the Restorative Justice comes, Movement so to speak originated is, these Mediation and Criminal cases, has perhaps but one common Origin, namely Centre of the last Century, as so Reform movements in Gear come are. Where now exactly the Roots lie, white I not, but the Difference is believe me, that these Mediation and Criminal cases itself so mainly from the Reform pedagogy perhaps constituted has, through Influence from the Anglo-Saxon Room. Perhaps can I in addition tell, this Association is also established been from one Working group from Students the Pedagogy, the itself the Penal system looked at have and in their Leisure time in the here nearby Correctional centre driven are and with the Inmates a Leisure programme on the Legs placed have. The sounds now perhaps banal, but behind it stuck Yes also the Thought, what causes Penal system? How is the designed?
[4:50]Behind it stands also these Question to Sanctions of the State. To what extent are the helpful? And thereby is also this Association originally times established been and the find I one whole interesting Line, that the from this Corner comes. And while Mediation in other Areas Yes rather itself lead back leave on the Harvard concept, from one other Direction. But the Method is even the same. Yes, the find I one interesting Train and there can we perhaps now for the Moment also only speculate, but actually this changed Handling, these Reform movement has Yes quite also in the Mediation with the Term Conflict to do, that one says, we want the Conflict different interpret, different rate, him rather as Opportunity see, because as Brand, on the someone Guilt be must. And in one much more stringent Shape is the natural in the Victim-offender mediation also the Case. One Reform regulation, the in Germany then also first End the 70s, Centre the 80s recorded was. Perhaps watch we us the more accurate a little to, so that we also understand, Why Mediation there different carried out become must. Perhaps so much Spoiler be allowed on Beginning. It has one Special feature and the is also the Core your Contribution, that one then but on End of the Contribution clear sees, yes, Mediation, but one must it different make, as one it perhaps General in one Basic training mediates gets.
[6:08]Yes, it gives Differences, say we times like this. The lies on the Specificity this field, namely the Handling with Offences. Since is one other Constellation in advance already given from the Participants. However gives it also many, many Parallels. And when you allude to on the Contribution, so these Employment with Sexual offences in the Victim-offender mediation, Since shows itself the again especially, that Modifications simple necessary are, at these special Offence severity also in the Victim-offender mediation with Success carry out to can. Would the hot, that the so to speak again more specialised Mediation required, when it at Sexual offences goes?
[6:52]And that the so to speak on the itself really then clarify leaves, that one one Mediation in Criminal cases different design must as Mediation in other Fields of work. Yes, I think already. It gives various Parameters, the one believe I again
[7:15]
Differences to general mediation
[7:09]set must, the itself also Proven have with us here in the Practice and the specific are. And it exist, believe me, special Requirements on Pages the Affected parties in Reference on this Procedure. And there is it, believe me, not good or it has itself simple also shown in our Practice here, that when one the Standard procedure the Mediation and Criminal cases here applies, that the not absolutely good works. It works somehow, but I believe, it can better function, when one on the Requirements, The challenges and Needs the injured party here in special Wise is received. Otherwise perhaps again the Bridge to the Mediation in other Fields.
[7:49]So in principle are the Differences in the Procedure even not. The only elementary Difference is, that separate Preliminary talks led become. The is so one Process engineering, the itself perhaps differentiates from Mediation in other Fields. However knows one the Yes also to the Example with Mediation in the Work context or in company contexts, that there also under Circumstances separate Preliminary discussions led become. So so fundamental are the Differences then also not. The Method works similar, would I say. Go we times so to speak as age Lawyer, would I say, dogmatic ran. Look we us times to, what the with the Criminal law to do has and what the TOA there for one Role plays. In the Starting point is Criminal law public Law and regulates so to speak the Legal relationship from the Citizens to the State. And the Penalty claim has stop not the Victim, but the State has one Claim, when Penal norms injured were. And he leads in favour a Procedure through.
[8:50]I formulate now times aware profiled. He used in favour also the Victim as Witness if necessary, so that the State the Infringement of rights his Penal norms, the he set has, also enforce can. Since has the Victim traditional or originally little so that to do, also from the Thoughts out, that the Injured not the Judge play should, but there belongs to the judicial Neutrality in addition. Now gave it but one Reform movement and what has there now a Victim-offender mediation for one Reason? Which Problem shall he solve?
[9:27]Yes, there speaks the Lawyer, the listen I also from you out. I am none Lawyer, I come from the Range Pedagogy. In the Criminal law meet we us yes. Yes, exactly. Since meet I the Lawyers and there meet I also the Justice, with the we Yes also whole narrow work together. I mine, when one the Development again tracked, since the 80s years has itself stop these Movement the Restorative Justice from the Anglo-Saxon Room stop here also in Germany constituted, says I times, or formed. The was also a longer Path and that the ultimately in one Law resulted in or in various Laws Yes also quasi in the Judicial system Implemented was, this new Thought, that not only against the State so Violations of standards carried out been is, but also against Individuals and Personalities, Persons also individual Injuries carried away have. And that one these endeavour, the also in the Frame one Procedure taken into account, find I sensational. Had I then also, when I then involved would be, also supported, because the a good Thought is. Is natural also again so a Paradigm shift, when one in the Consequence then says, Yes the State speaks Sanctions from, but considered now not the Victims' perspective and the was long like this. The was in the 80s years also so and what this Movement also again one Thrust given has, was, that so a Paradigm shift there also found has.
[10:55]The was for the first time, that the Perpetrator there in the Focus taken been is, that one very much criminological also asked has, Why has the Perpetrator the done? Since came also these Ideas of resocialisation in the Foreground, the then also realised been are and a other Perpetrator. More important Influencing factor was even also the Origin from Victim supporting Facilities. The Victim support landscape has itself so first trained and differentiated. The are Formation phases, where the White Ring itself formed has and other. Foundation Victim assistance and also other Procedure like psychosocial Process support, the now a Standard is. All these Things have there the Root and have natural also this Thoughts, that the Victim in so one Criminal proceedings actually maximum as Witness statements can, but from the personal Injuries one resident, one State, where the State itself committed, the also to protect, the is then first in the Focus advised and even also honoured and estimated been and with integrated been. And from it is the was created. First in the Juvenile criminal law, Beginning the 90s and later also in the Adult criminal law. So this Three-step, we can Yes also not in the Depth go. With Theories of offence, believe me, 593 gives it of which. But these Basics, that one not simple only penalise wants in the Senses from Retribution, the is a smaller Aspect only, but one has then already also watched and the was one long Time one Focussing on the Perpetrator. What have we there as Society wrong made or what must there better run, so that the resocialised becomes?
[12:24]And with this Focussing, and the has itself then first shown, and the find I really one important Shift, the then also takes place, is it Victim, are the Victim the Offences, the is even not only the State, the with his last Penal norm there somehow stupid standing around, but even it are human Victim in the Criminal offences lagging behind, that the then first in the Focus moved are. And with the Victim-offender mediation so one direct Confrontation also provokes becomes, with the one what reach wants. And the becomes for the Mediation then and for the Kind and Wise one important Role play. These Intentions are, believe me, really important, at to understand, what we there make, when we there mediate. And now have we so to speak the Victim in the Centre point. What about can it for, and I wants me equal apologise, when I these Terms take, because them from the Criminal law originate, Perpetrator and Victim. When we now in mediative Circles of thought go, are these Terms already again very questionable and problematic also. What can the Victim thereof have, one Victim-offender mediation dialogue to carry out? You speak on these Problem the Terms on Perpetrator and Victim. In the Legal text means it Yes like this, there becomes the so named Victim-offender mediation. It gives also Discussions or endeavours or Suggestions, the to change. I am itself in the Education active, there Avoid we also Terms like Perpetrator-victim. We speak there from Victims of the offence and Person responsible for the offence to the Example, at even these Stigmatisation there not equal with to transport.
[13:54]And there can one itself perhaps introduce, when one itself Victim one Criminal offence is, this Term Victim, the suggests already Passivity, little Possibility of action, little Effectiveness of action also. And therefore, Words make also Reality, therefore practise we here also one other Language use. I would now never someone here receive, the to the Preliminary discussion comes, the damaged there one Language act is. Yes, You are Yes the Victim one Criminal offence. The are exactly, the are really the Criminal law terms. And when one even in mediative Conversations goes, fit them somehow not more. Fit them not. And Mediation, the must one perhaps also understand, Victim-offender mediation is the legal Term. The Method in addition, the is Mediation in Criminal cases.
[14:36]From therefore are we then also free, other Terms to Select and the Subject different here to address. You have in demand, what for one damaged or Victims of the offence Sense the make
[14:51]
Effects on the victim's perspective
[14:47]could, itself so one Procedure to undergo or itself on it to participate. And the is even the Basic idea from Restorative Justice, that one the Deed, the there one happens is, cope can, that one the integrate can. Because it can under Circumstances massive After-effects have and the is very individual different. The can also supposedly one light Traftat be, for my sake one physical Aggression at night to one A visit to the pub, but the can individual very extreme Consequences have. And one must also consider, that in the Criminal proceedings become Yes not the Interests of the victim absolutely taken into account, But there is the State, the Stakeholder and the Conductor so to speak, what there on Sanctions pronounced becomes.
[15:34]Perhaps can I in addition say, the is so a more typical First contact, the we have, when we Affected parties write to, whether the these Option perhaps for itself in Claim take want. When we then with those in Contact us are and a Conversation lead can, the have often Reservations this Method opposite. When one then more asks, what is because her Interest in and the say then, yes, I would like, that the one Penalty receives, what a total legitimate Interest in is, the would I also say, when me something Bad pass would through one other Person. And when one then times asks, Yes Why is it also one typical Mediation issue, the in other Areas also, the Family mediation also placed becomes, when one then asks.
[16:13]Yes Why is it Important for them, that the penalised becomes, then listen I on the Answer, Yes I would like, that the white, what the me taken with has. And the is then again a Interest, the not absolutely with Court of law and in the Legal proceedings realised becomes or achieved becomes, but the can the with us make, because in the direct Exchange, but also in the indirect Exchange can the so the Person responsible for the offence again very impressive again describe, what there prepared been is. And the is the Person responsible for the offence often not clear or often must them itself so that not deal with and the happens with us. The is a Interest in to the Example, what we here realise can, apart from thereof natural something like that like Reparation, restorative justice means Yes also restorative Justice. And the is even also a Element, what we here reach can, that the both or sometimes sit also several Participants here exactly set can, what need me, so that these Deed maximum again good made is. Yes, there becomes so to speak, find I also, these Confrontation unavoidable, because we even but also experience, that when one Criminal offence happens is and also one Penalty so to speak takes place is, a Judgement takes place is, that still long not even the other Things adjusted were or not.
[17:34]So these Idea of justice, that them in favour also itself responsible feel must, the Community life again in Order to bring. It reaches not from, the Violation of standards to punish. And you say Yes also, the Community life with Restorative Justice aims also from on the Community, so that not only individual between one Core group of people Damage, Violations of standards happens are, but that so that also the Community damaged is. And the is also a important Element the Restorative Justice. The Victim-offender mediation is so to speak one Method in the large Field the Restorative Justice measures. Since can one now say, refers to the Community not absolutely with in, what also so a Claim the Restorative Justice actually is. But in individual Cases can we the but make.
[18:20]We have stop the Freedom through this Setting as extrajudicial Conflict resolution are we Relative free and can the to the Interests and Needs the respective Participants here organise and design. And there is it sometimes also necessary or good, when People from the Community or from one more social Environment on this Process participate. Be it Supporter on Pages the Victims of the offence, to the Example Parents in the Youth area have we that, Parents or also Friends to the Example, the also somehow from so one Deed affected become be can. Straight in the Youth sector, when Peer groups there through so one Conflict blown up become or even following not more one good Community form can. I wants so to speak on yours Role there as Mediator and I have now also so understood, you are not from the Justice out appointed, then this Procedure to begin, but will as External with brought in. So could one the say. Yours have one narrow Connection, but her are now not judicial maintained been.
[19:25]I white even not, like one the calls. Maintained listens itself also good to. We rest us always with it, because we a freer Carrier are. The is also again interesting, the the Team is, the Specialist centres, the the at all in Germany makes, the commissioned is. But we are so to speak already more official Partner here the Justice, the us right the Order give. So the send us the Order, please lead You in this Case one Victim-offender mediation to. The are not the only Client, but we have also Self-reporting so to speak.
[19:55]Persons, the itself from Personal initiative, because them from this Procedure know, what Unfortunately not so popular is or in the General knowledge is, but the us Call and say, I would like as Victims of the offence here so a Procedure have, because I the for me as good ansinne and I would like the with pleasure make. So also these Client side have we. Ah yes, the would be so to speak again the Antipole to the, in the I steer towards wanted. And the make I so to speak in good legal Tradition from the Legal text from. Means with us always so a View ins Law promotes the Finding the right. And there read I at the 46a Victim-offender mediation, has the Perpetrator in the Endeavour, one Equalisation with the Injured to reach, so-called Victim-offender mediation, be Endeavour, one Equalisation to reach.
[20:36]His Deed whole or to the predominant Part again good made or their Reparation seriously strived for. So the reaches also from then. Or in one second Case, so can the Court of law the Penalty mitigate. Or when none higher Penalty as Prison sentence until to one Year or Fine until to 360 Daily rates forfeited is, from Penalty refrain from doing so. So Mitigation of punishment and the Core is, it is for the Perpetrator there from the Law because of. So it goes at the Perpetrator. He may, he gets one Possibility of redress, at his Penalty to mitigate or even also whole thereof apart from becomes. He needs but the Victim in addition. And the find I from Mediation view simple one Context, the not whole so simple is. Since come not two People and say, we want one Mediation, but there says one, the also still the Perpetrator is, I need the Possibility of the Reparation, the would I with pleasure. But please, dear Victim, make with.
[21:33]What means the for yourselves, when her consulted becomes and the itself Yes so to speak from the Self-image here for the Victim responsible feel? May I the so say or is the to largely? Yes, the can you quiet so say, because so a Reproach, the us as Theualer, also often made becomes, is, that we offender-orientated work. So this Reproach comes also from Victim supporting Organisations, the there also always to us one Distance preserved have. In the meantime has itself the also in one good Direction, constructive Direction changed. But the was Yes so a Reservation us opposite. And according to Law works the Yes for the first time, aha, the gets so one Mitigation of punishment or under Circumstances can the Procedure set become, when he the makes. Yes, when one me in the Situation ask would, would I the also make. Then have I none Prison sentence to fear or one milder Penalty. Yes, clear make I that. Topic Voluntariness, would immediately the Mediators scream. And one can also say, there becomes a Attractor created, that one the makes and although a extrinsic so to speak. And the becomes also from Victims of the offence Page often criticised or as Reservation taken. Yes, the makes the Yes only, because he then one Mitigation of punishment gets. And the is one Prerequisite, the also Certainly especially is in Mediation and Criminal cases, because we with this Prerequisite work must.
[22:52]The is Yours Context. Exactly, our Context. And we must natural watch, also in the Senses one Victim-orientation, I use the Word Victim now simple again, that none Re-traumatisation there entry or that a Damage on End of the Processes originated is. In the Senses from, that we there two Parties or also several together, so affected Person responsible for the offence, and on End goes the Victims of the offence out and says, I have from one real Remorse on Pages of the Person responsible for the offence nothing noted and the has me strengthened in mine Conjecture, the makes the only, because the Weapon mitigation here reach can. And the is, believe me, one Requirement on us Mediators.
[23:32]
The role of mediators in the process
[23:33]The in the Apron in this Preliminary talks to check. These Question wars I also often placed, yes, like wants one the because check? I am Yes nobody, the in the People looks in. We can the not scan and also not on one Lie detector connect or other Stuff. But in the communicative Process and in this Preliminary talks is the a more important Point, always with the Slide the also to check. How would be that, when I now a common Conversation between hard affected and hard responsible do? Is the credible, what the says? Can the the so get across? Or can he his Motivation me opposite so authentic represent, that I say, yes, the would like the with pleasure again good make, the would like one Sorry pronounce, the has really Insight in the, what he there made has. Because Yes Mediators frequently the Posture in the Foreground back and say, the Posture must vote and we must first thereof go out, so that mediatorial Self-image all People good are, in the Reason good and also in the Mediation the as great Opportunity find, the also times with the other with one Misunderstanding to clarify. And here see I already also a Understanding of roles. And perhaps am I there something, perhaps a little to wide, there mine Question on you. I check for the Victim, before it with this Person in one Room and a Conversation goes, Critical wants the or the Perpetrator, want the actually the Matter again good do?
[24:59]So I must already now Signs find. And I understand me as a Protective shield, Shield, favourably, but but determining for the Victim, that there not one Re-traumatisation takes place, achieved with Offences, at the it today still Go becomes, Sexual offences, so really highly personalised, intimate injurious Offences. Is the a Understanding of roles, the you with Themes like Impartiality, Neutrality, so as Mediators there in Difficulties brings or is the simple Context appropriate? It is one good Question, so these mediative Attitude, from the speak, the would I also us natural large in the Circle the Mediators also to speak. And we work in the Education very much with Training participants on this Posture or try, the to transport. This Point, that we so to speak one Inspection body are.
[25:48]Yes, there would I say, mine Responsibility is it, that here a good Process take place can, where the Interests both Pages realised become can. And I check the also more, the listens itself perhaps technical to, but I check the from one Posture out, that this Process sensible designed become can and I on End a good Result for both Participants have.
[26:11]The is so a little Retreat on so one mechanical, methodological Level, but the has also much with Image of man to do. You have earlier addressed, yes, gives it something like that, goes one thereof from, that it something Evil gives in the People, so a Core, the itself there perhaps in this Deed Yes expressed has and like this. The are interesting Questions, but more mediative Posture is for us in this Labour in Mediation and Criminal cases also, that here someone one Deed perpetrated has and we See these Deed first times as single Event. Behind it See we now not, the is a worse Human. The would be in principle perhaps none humanistic Attitude. The would be also a little wide, exactly. Exactly, and in this Labour also not sensible and it would to none good Result lead. From therefore is it perhaps also to Compare with other Mediation areas, that one thereof goes out, that the People, the here on it participate, that the the Potential have, to reflect and also the Interest in have, one good Solution to find. And the is on both Pages equally from us Prerequisite. And therefore is it for me a exciting Mediation field also, not only from criminal law Considerations out, what I with pleasure earlier made have, also as Lawyer, that we on it Recognise in the Context TOA, each has also be selfish Interest.
[27:29]And the is in Order. So the can even both Satisfied be, without that the Persons itself as social Pair again so to speak as Social partner a Piece on each other received are. The can itself so to speak also misunderstand and nevertheless has each be Interest in also reach can, because there have I so to speak, would I say, rather one realistic View on it or would like I aware take, that I not from so one overshooting Internal trend with Mediants assume, that the always for the Community now these Conversations lead and the clean up want, but it gives also whole sober selfish Motifs, one Mediation carry out and the is completely in Order. Selfish Motifs are on both Pages and the are total no matter.
[28:13]Yes, Compensation for damages on Pages the Affected parties. Also to the Example, what we frequently listen, is simple also this Event and everything, what so that related in the Consequence on police Procedure, on judicial Procedure, but also that, what the with one in his social Environment, in his Family or other narrow Relationships made has, simple finalise to can. The is a whole large Motif here also often. And from Pages the Person responsible for the offence gives it also Motifs, namely the finalise to can. Also the Feeling, so a deeply human Need perhaps to have, I wants the again good make. I believe, the is also a human Need in principle, that when one something at the other damaged has or when one Damage added has, Injuries added has, this urge, the somehow again good make to want. And the set we here um. And Courtroom can the not practised become or can the not realised become. The receives one Penalty, but he has Yes in the Senses with the Subject nothing again good made. And the is also a honourable and legal Motif, selfish Motif the Person responsible for the offence here.
[29:20]Watch we us the practical Labour on and also now in the specific Cases the Sexual offences, the at least mine Knowledge to much stronger and more intensive also Family offences are, there so to speak equal more suitable even also framed are with the Term Family offences and the whole Drama and Tragedy there also clear becomes. Which Special features are there in the Practice for the Mediators especially to note, because simple these Types of offence especially hurtful are? I says times whole, whole simple first for the Beginning. Perhaps still to the History. Basically are Yes all Delicacies for a TOA suitable. With a pair Exceptions, so organised Crime would less suitable be and it must one natural Person so to speak as Victim of the offence to the Disposition stand. The are so coarse Exclusion criteria. And the Penalty amount, so it may not more as a Year threaten, otherwise fall them out.
[30:16]Sexual offences would therefore also under possible potential Cases, the for a Theory suitable are, fall, but are in the The past so not in Order given been with us. Historic seen was the always so unspoken something like that, yes, Sexual offences suitable itself not. From certain Reasons presumably and although reserved, that one in this Cases stop especially one Revictimisation the Affected parties fears has. Much from Feeling of shame or because one stop suspected has, itself with so one Deed again in the Kind to deal with. From Reasons of shame is the even not wanted from the Affected parties. From therefore are little Cases this Kind in the Victim-offender mediation reached. Whereby I also say must, and therefore is it not for free, that this Debate with this Topic originated is, now in this Time also, because in last Time the increased we here also before Location observed have, that we also such Cases or Enquiries get have, also much from Self-detectors also, the said have, yes, I would like with pleasure with the Person responsible for the offence speak, I would like me so that to deal with. So there is here before Location municipal here also one Accumulation established been from us. We have these Cases made, the are also so to speak Successful carried out been, but we have important Feedback get from the Participants, like one the better make could.
[31:38]Which Settings also more optimal be could in so one Procedure. And the has me together By the way with one Enquiry before one and a half years from Mrs Dr. Kavemann, the has one large Study in the Order the Federal Republic of Germany made. Germany made in the Context with sexual Abuse with Children and has looked, what for Support systems the State there actually to the Disposition stands and in Process support and like this. And the had me namely before one and a half years called and wanted times listen, what because the Victim-offender mediation there to offer has. And honest said, on End, the was a exciting Conversation for me.
[32:14]On End had to I actually determine, yes, we have there nothing Specific to offer. And then have we on End this Conversation still said, yes, perhaps would be it meaningful, there a Concept to develop. And then have I said, yes, the is one good Idea, I will me times therefore care. And then came even from other areas, from other Work areas even also still so Influences or Impulses and on End is then really for us here also so a Concept from it have arrived. The have I her By the way last week given, as I them met have and the was a whole more beautiful Just a moment. The Study, the become we with link, when the Public is, that we there on each Case the Output have. And means the one long Time, because the Stakeholders of the Procedure the for not sensible considered have, Judge, Prosecutor, Defence or like this, that the simple not realisation came? Man must Yes also say, that this Victim-offender procedure, the was since the 90s years in the Law implemented, but there must one itself times introduce, that the first with other Offences started is and these specific Offences, the really also serious, other Offences can also serious Sweden make, but these again in special Kind and Wise, believe me.
[33:23]That the also natural is, that such Cases then not absolutely the first are, the one as Prosecutor, as Public prosecutor for one TOA suitable has. The is now also even not evil meant, but it is also justified in the Senses from Victim protection. Man wants the Victim not to expect, itself in this intensive Kind and Wise again with the Deed to deal with, because one suspected, that… Judges rather Damage on and that one rather the Tendency so seen has from Affected parties, the fast to finalise and if possible little about it to talk. And the has itself changed, perhaps also thereby, that Victim-offender mediation perhaps but through much Public relations and in the Frame of the Law studies gives it now also one Reform, that Students also therein so to speak taught become or from this Procedure know, that there but more detailed Knowledge are, like the expires and even also, what the for Advantages has. That one Debate with this Deed for the Affected parties straight one sensible or one good Kind the Coping is. Hey, you, the this Podcast listens, forget not, him to Rate and one Feedback to give. Many Thanks to and now goes’s continue.
[34:36]So I can me remember to mine Time, the was in the noughties, with the Public prosecutor's office gave it stop so a Victim phone. Since could one stop Call as Victim one Offence, the now with Court of law is and there went it but so at Enquiries, when the Procedure is or like wide the is. So it was rather so a administrative Accompany, as that it now with one certain Purpose from Reparation or also Dealing with the offence, so many, with those broken into becomes in the Flat, the can simple not in the Flat remain, the draw then from. And the has in the Criminal proceedings even none Relation, their Problem then in the Follow-up. But it has whole decisive Effect, when Conversations realisation come, that the Flat again so to speak as Territory and as Privacy again perceived become can. Exactly, a classic Example, what you also name, what we here also a Offence is, what we here also often in the TOA edit.
[35:36]
Challenges in victim-offender mediation
[35:31]And the are Yes very sustainable Solutions, the in this Procedure also found become can. And although in the senses, that the Victims of the offence again a normal Life lead can and also the in Claim take can.
[35:44]Unconcerned, what actually normal for us is, namely the own House as safe Sphere experience to can, but also public Room. So when someone in the public Room to the Example aggressive tackled, Bodily injury there perpetrated been is, the trusts itself then also not more out with At night or in certain Areas or like this. And the to restore maximum through one Encounter between Person responsible for the offence and Victims of the offence, the can achieved become with us. Yes, is paradox, but actually works that. Yes, one encounters the Miscreants and thinks, yes, the is Yes bad, now meet I the again in the Victim-offender mediation. But the contrary Effect is there, namely from the to listen, OK, I see, what I prepared have, I regret the and I would like it again good make. The is very salutary and can the future Life so to speak again better manufacture, that one his Freedoms there also unconcerned utilise can and simple a normal Life lead can. Go we in the Procedure. I notice straight, we are a little come off from Sexual offences in the TOA. We approach us from several Directions to. So a more important Point, the I in the Contribution Read have, was the Topic Impartiality. Second Order have you it called. What so harbours itself for Mediators behind it?
[36:57]Yes, this Term second Order, the is me came to mind. I was whole happy about it, because the natural the so in Words to express and to describe is always difficult. But then is me the came to mind, that one the good so name can. Because of Impartiality. We are impartial, also in the Mediation in Criminal cases. The are Principles, the also with us natural prevail. And then was it interesting to experienced from Feedback from Cases, so Mediation in Criminal proceedings with Sexual offences, the we from Affected parties as Feedback get have, that the said have, yes, I could the somehow whole bad have, that them with the Person responsible for the offence just as talked have like with me. And the is from several channels, is the so to speak on us, on me brought up been. I have it By the way also in one Film.
[37:46]All yours Faces can I only recommend. Perhaps can you the Link also again to this Film set. Since says the Actress, the also there one Affected parties plays, one Affected parties from one Sexual offence, the says then to their Mediators on End, Yes and I quote now times, I found the to the Puke, that them the Perpetrator just as Protected have like me. And the was also again so a Impulse, where I thought, aha, the is a more important Point or a more important Factor for those, the itself in this Procedure here as Affected parties give. Then have I me in the narrow Exchange with White water and other Counselling centres, so Victim supporting Counselling centres with sexualised Violence analysed and one right good Exchange with those had. And the me then again explains has, what I then perhaps the Foot school surmised have, that through a Sexual offence even this Trust in Relationship offers, the we every day accept, when I at the Baker what buy or when I anyone Greetings, then is the a Relationship offer, what I assume, completely trustworthy. And the through so one Sexual offence, Sexual offence Solid shaken with this Affected parties. And that the itself in so one Counselling setting, what we then offer.
[38:57]Where we Yes say, we do you nothing Evil of course, we support you even. Even in this Counselling setting is it difficult for the Affected parties, the so unbiased and trusting to accept, when the see, that I with the Perpetrator, with their Perpetrator, with their perpetrators also exactly so a trustful Ratio have. The caused one sceptical and Distrust and again so a Retreat, the can I not make or there can I me not open. And therefore so the Conclusion from it, that in this Procedure with Sexual offences the Affected parties one absolute exclusive Labour trust relationship to the Mediator, to the Mediators have must. And therefore the Idea, the to second to make also, that someone itself with the Person responsible for the offence busy, the Conversations leads and that the in the Team, in this Co-mediation team, there again so one Impartiality produced become would.
[39:57]
The importance of impartiality
[39:54]And the found I one good Idea and the have we also practised and realised. And actually have we unsolicited Feedback got. Yes, the found I good, the was for me good, I could me open. I had to not always check, is the Relationship offer, what I here cautious handle must. No, I could me in this Process go, open be and everything so to speak here put in, what I wanted. And had none Fear, that there the Danger is, that I there disappointed will. So her builds so to speak the personnel Complexity on. It gives always two People.
[40:27]One the Mediators may so to speak also with the Person responsible for the offence trusting turned towards speak. And the other Mediator so to speak is for the Victims of the offence, the Victim, exclusive. And on yours Commonality are her impartial, but the Person, the itself the Deed affected Person closer, the is also exclusive for them active, at this Protection offer to clarify. Yes, and also at possible to make, that these Working relationship at all good function can. Yes, it is not possible, and the is now only one verifying Question, that these Persons in the Mediator role itself change, but one must the pull through. One Person is for the Victim the Applied.
[41:17]Yes, would I so say, the is also a Result of the Exchange here with the Counselling centre here before Location. One good Working relationship or trusting Working relationship, there is also the Factor Continuity. And one specific Person is stop also important. When one the now always change would, then works that. Exactly, goes not. The can I good understand. And the means then but even also, that it one functional, so that learnable Behaviour is, that the Impartiality as Team preserved becomes, but as Mediator-Person am I… Not impartial, but am I this Person attributed. I find the one important Point for the Understanding from Mediators. It listens itself paradox to. It listens itself paradox to. I find the total plausible. Yes, but I believe, one can the in the Procedure, in the Methodology, in mine Function as Process owner, am I in the Location, the to separate. Or serve also these Principles the Mediation. The is the Professionalism. I find it therefore important, from two Aspects. Once, I have already Mediations carried out, where it also in Co-mediations, in other contexts, so Business organisation mediation, where clear was, the Mediator is more for the one Page trustworthy, Keyword Employee representatives and the other Mediator is for the other Page trustworthy, Employer representation and both together yield a good Team of mediators and the could one also not exchange.
[42:45]Man can but of course, in the Case is the something different connoted, with the Irritations better play. The is then there special, where clear was, I must not the Parties something to expect, what them not tolerate can. Namely, I am impartial, I am for you all equal there. The works in the Trap not. And so that nevertheless Mediation possible is, may so to speak, and the is for me the Conclusion, Mediators also one-sided work.
[43:12]You must then stop only to second work. Yes, exactly. How said, I found it stop Important again, that I here these Impartiality again, the is Yes one Differentiation so to speak and that the but also the Background has, that from this Counselling centre me again really impressive tells been is, like the from the Perspective the Victims of the offence is, what with their Trust in Relationship offers happens is. And that itself the natural also on this Counselling setting always also has an effect and always also under this Reservation only the take place can. And therefore found I it so exciting, this Obstacle on Pages the injured party or this Reservation thereby to accommodate and on these Requirement from our Page to react. And that, find me, is with Mediation Yes also in the Principle. We watch, what the Participants need. And the is that, what the Affected parties in Sexual offences obvious need. And the can we serve. This Setting can we manufacture. Yes, that sometimes more Distance, more Functionality necessary is, so that one itself on it let in can. Because straight with the Offences, straight when it Family and Close relationships was, in those then sexual Criminal offences takes place are, there is Yes straight the familiar Situation as Dangerous situation in the Connection marked.
[44:36]So when we then as Mediators the Biscuits put down and one Coffee make and it especially cosy make, the is then one Shape from Resuscitation the Dangerous situation and the wants one natural not again make. In the TOA or in the Criminal law would be such Paradoxes especially clearly, where we us then on it let in must professional. And the find I simple there for the Professionalisation from Mediators especially important. I would also say, that with Victim-offender mediation with Sexual offences one specific Specialisation perhaps also necessary is or in the Senses one Expansion of expertise to the Example Curriculum the Education is it also like this, that we about Traumatology and traumatherapeutic Interventions gives it also one Input. And we are in this Field also versed therein or place always ours Antennas also on, at to remember, happens here straight one Re-traumatisation, what happens with the Clients, Victims of the offence, advised the here in so one Dissociation or other traumatic Symptomatology, the perhaps recognisable is, must we generally anyway trained be. And I believe, with Sexual offences or Victim-offender mediation with Sexual offences.
[45:50]
Special requirements for sexual offences
[45:45]Must we there still a whole other Level the Attention have. Because there can itself first times whole fast dissociative Malfunctions also show or Symptoms show in so one Conversation. And there still times so one special Sensitivity with itself itself to create and also one adequate Handling method with it. What must I because make, when I something like that realise? And the Symptomatology is sometimes like this, that it whole normal appears, like itself someone behaviour.
[46:12]Man rated the itself as competitive Behaviour, but it is it even not. So there again sensitive to be and also Methods on the Hand to have. What can I in this Situation to the Protection of the Affected parties now do? Must I the interrupt? Can I one Methodology apply, at these dissociative Symptoms to switch off, at the again ins Here and Now to bring? So there believe me, is also again one special Experience necessary or one special Training or Expansion of expertise. In view of the advanced Time in, two Themes still so to speak the Contribution reserved leave, the itself really worthwhile to read and not only in one Speciality, but also one good Overview about the Topic TOA and Mediation gives. Me would be but still important, with you as Practitioner possibly a Prejudice or one Tendency to discuss, the I rather so from the Justice and from the Criminal procedure here have, that the TOA by no means more so one Success story is, what the Quantity concerns, what the Initial euphoria concerns. And also the so to speak something is, where I think, the is although a whole special Field, but for Mediation and for Mediators a whole more important Area, like so one small Laboratory situation.
[47:22]The TOA is ins Law come, with much Expenditure, with much Dispute and Discussion and then but also with Euphoria recorded. Federal states have their Projects, because Criminal proceedings, State matter is also carried out. But so in the last years is the rather has levelled off.
[47:39]How have you the experienced, the Development in TOA in the last years? Yes, I am natural none Pioneer. I have this Association adopted from mine Predecessor and the has me always from the History the Origin of the Association and also nationwide was the networked and has the Development or the Origin this Realisation, this restorative justice experienced. So I know the only from Stories. Also when one it so sober say must, Unfortunately, the is none Success story until here. But these Euphoria the Early years, where one Yes also consider must, the is from Projects was created. Here in the Association was it like this, that the simple started are. Since gave it even none Law. My Predecessor tells then always, them is from Door to Door gone in the Public prosecutor's office in the Building and has in demand, have her not one Case for us, the us only Experimentation give? We try the to regulate. The must one itself also introduce, without Legal basis.
[48:32]From therefore is this Step, that the by law Implemented was. Since would have one Yes think can, wow, the is the Step and now goes es…
[48:40]And what itself also in Case numbers represents. And the are Unfortunately on one, must one say, low Level although constant, but it exists now also not the View, that the erratic increases in the next years. And one must actually simple say, that these Method much Potential has, that these Possibility of much Potential has in the Senses also the Victims of the offence good is, but that the in the Practice not so realised becomes or say we times, that it possibly much more Cases gives, the we here good edit could, but many Factors hinder that, would I say. The are structural Factors. How works so a Judicial system? When to the Example a Prosecutor, Public prosecutor us one Case give wants, then is the frequently with negative Effects afflicted. Simple from the Procedure, the in so one Bureaucracy reigns, namely that so a Case then as not terminated, not finalised applies and on the personal Labour service list as unfinished applies. And in the Employee appraisal the negative Effects have can. And then is the also individual dependent, that perhaps little Knowledge about these Method, about these Possibility of simple available is, what itself hopefully Change becomes in the Law studies. What I hope, what already times one good Measure is. The Hope wants I now not approach.
[50:04]The Law studies is with Hopes loaded. Yes, exactly. It gives many Positioning grapes, on those one turn could. And whole simple also Decrees, so so a Top-down principle, that one simple on Federal level, but also on Country level, because TOA becomes in the Countries different organised, also what the Sponsorship concerns, what the Financing concerns, that one also from top to the Example Decrees enacted, so what one Case referral in the TOA facilitate would and at least none Disadvantages would have for the concerned Public prosecutors. But there gives it many Possibilities, the to make. But in total is it actually like this, that about many Decades now none right Further development found has, but the must one Unfortunately, the can I from mine short Decade here since 2016 say, that it rather also Regressions gives or Trends.
[50:56]The again in the negative Direction go. To the Example, where one considered, that the Landscape the Specialist centres decreases, that free Carrier from this Field of work excluded become, from financial Reasons, caused one large Damage. The are free Carrier also, the one large Expertise won have in all the years, since them the make. The Potentials have new Concepts, like here to the Example mine Debate with Sexual offences in the TOA, the such Labour perform can, what in one.
[51:26]Judicial system and the attached Organisations not absolutely possible is. And the is not now against the Employees of the Judicial service said. I teach itself Persons from this Range in Training programmes and the are great People and the are full motivated. But there experience I stop also, that the in Structures work, the not absolutely favourable are, at Success in one Victim-offender mediation to reach. So one could on many Jobs the still optimise. Since am I also in the process. I am itself in the Federal Working Group Victim-offender mediation in the Board of Directors. I am there Chairman. So yes, the Effectiveness is low, says I times. The Parallelisms to the Mediation development and also Assessment are so obvious. So the Report to the Mediation Act has also literally,
[52:22]
Current developments and challenges
[52:19]like you it named have, constant low Case numbers named. Since can we, believe me, because the Victim-offender mediation a Piece older is.
[52:27]Really so a little already look and watch, what is there run and the Assumption is close, when nothing happens, would also under Mediation the so run. Therefore find I the one whole important Perspective and Room, where we Mediators there quite what learn can and look can, what the lies. There at the TOA is Yes the Interest in straight for the Person responsible Person especially high. So it threatens these Penalty, the Procedure shows the and he can it so that mitigate. So there is one Hurdle so low laid and the Motif, the Interest situation so clearly, that one actually surmise could, there must it but go off. But, and the find I is there already clearly, Mediation, Conversations lead, immediate Communicate, the is already also for many one simple Imposition. The must one first overcome and there would I not so fast about the Bridge go, the are structural, systemic Difficulties, the the not to the Success story leave, but perhaps also to state, the is not for everyone's Matter one The challenge in such Conversations to grow. Then may we us still what other superior. Then may we us still what other superior as Mediators, the Tasty to make. Yes, I wants there now not contradict, but I mine, it is one Challenge.
[53:43]Yes, I white. Desired. The gets you also continue. No, I believe, the is already one Challenge, on so one Process to participate. The is by the way, when I again short decreased, on TOA, internal Topics, the is also always so one Criticism on us, on this Work, on this Kind the Mediation, that the Yes a light is, on so one Process to participate. The makes one Yes by the way, the is like so Cosy romance here, we talk times with each other, then is everything Done. Yes, the costs the Person responsible for the offence Yes not a lot, the can he Yes so with left make. And the is not like this, the is a more demanding Process, where the also challenged become, itself with their Deed to deal with. And the is not so easy. I had times one Call, the was a Adult before one Equalisation discussion and the has me actually called and has said, yes, Mrs Kenkelschatz, tomorrow is the Equalisation discussion.
[54:32]The stresses me like this. I have right Fear to come. So there sees man, that the not so with Links here to make is, but that the here genuine what perform must and itself the place must and the also right with Labour and The challenges connected is. And I believe, there may we the already still concretise also. And the applies also for the Mediation as such. Without the so that to heroise. The, the the made have, are now true Heroes, but nope, the is one Imposition in the truest Senses of the word. And it is… Rather understandable, when the People it not do, as when them it do. I find the always again surprising, that the People make. Since are we perhaps also on the Interface, where you say, it gives not only structural Factors, the one change would have to be, at the TOA more to establish or in one higher Mass Cases also to Generate or someone as Person responsible for the offence this Offer to give. The see I also as Task with us Mediators, the so to speak so to empower, that the the for itself as good Possibility of see. The see I for us as Challenge, the make we also, but what for us limiting is, that we at all such Cases get and that we Contact us to the Participants produce can. And the is simple a Moment or one Interface, the we not influence can or where we not so much Potency have.
[55:53]The so influence to can, that us first whole many Cases skilful become, the we edit can. The is stop a Point, where we also always superior, what can we still make, at simple these Cases, these Assignment, the Quantity the Cases, the us assigned become, the to increase. I go regularly to the Public prosecutor's office.
[56:12]And speak with each Individuals, because it also under Circumstances individual Reservations gives. I mine, you are Lawyer, the is one whole other Posture and a whole other Understanding also in the Work, the one there performs. And there is TOA, Mediation, under Circumstances sometimes also whole wide away from the usual, from Philosophies of punishment, from Sanction theories, from Task of the State. And these Bridge to make or to build, is stop difficult and is long Work. Yes, so I am not so a Fan from the Concept the Attitude. Lawyers, so straight also Criminal lawyers, make itself many Thoughts and have there centuries-old Traditions, what them so that reach want, what it in favour needs. So there can man, believe me, much learn.
[56:59]These whole Things become already also in the Everyday life ground. Since goes it at Case numbers and the must somehow processed become. Nevertheless is it one Delay. It is so a Diversions, the one makes, when one a TOA discussion leads. And the is only in the first Moment one Delay. When one the now integrated and usually then also carries out, then come Yes the Cases also again back and then are the Case numbers also again suitable. The speaks already for one systemic Reason, that the now not in Mass carried out becomes. Man must but even also sober see, so the Projects were good promoted, It has one Start-up given and it is not the got around, what one thought from the Number, from the Effect here. And there may we already again look back to us as Professionals. What has it so that on yourself? In the TOA is it really like one Parallel in the Special to the Mediation. So I know now only the Case numbers from Austria, the have I through Coincidence yesterday in one Article read, them are since 1985 introduced, 300.000 Cases practical generated, 70% could good finalised become, have one Mitigation of punishment experienced and the Relapse rate is also lower as otherwise. So like in the Mediation, when it once succeeds, good Figures, good Effect, but..., These Initial hurdle is simple high and there lies the Hare in the Pepper. And the become we now not dissolve can.
[58:20]The key have we still not, but we have also at the moment not the Time. We must namely also to the next Dates. Sascha, I experience Yes also so one Approach from this Mediations and Criminal cases in mediation fields, the classic Fields of mediation or the, the from one other Direction come. Perhaps gives the also still times Potential or Synergy effects, there together still times what on the Path to bring. Mediation Act, the is also always still one Question, whether the about Mediation in Criminal offences also so to speak Applicable is. Since gives it different Opinions, Interpretations, the is final also still not decided. But these Approach in the Total field the Family, the Mediation in total, could also still times so a Empowerment be, with the one also this Field the Mediation perhaps more advance can. So the is mine Hope and the have I also with this Conversation, because I wars also from other Fields Enquiries in Mediation training, Family mediation or also general Mediation training, the also one View in Mediation and Criminal offences throw want. And yes, perhaps is the also a Path, there again more Energy to Generate and yes, still one Improvement to reach.
[59:28]
Conclusion and outlook for the future
[59:29]Yes, and the is also one mine Theses in addition and also therefore this Conversation also utilise. So when Mediators about Mediation ponder want and like the in the Practice running, the can with Mediators, the in Criminal cases work, really what learn. So those must one listen. Also when I today much spoken have, the was great, you to listen and yours Experience to listen and the also now in this Contribution in the Conflict dynamics really manifested were. The found I was really a more important Contribution in the Booklet. Many Thanks to. Yes, I Thank you you for the positive Feedback. The pleased me. I stand also with Heart and Mind behind this, what I there written have. And I have me pleased about yours Invitation here, what to tell about Perpetrator, Victim, Equalisation, Mediation and Criminal cases. Some Things have we not named. It gives still much more about it to tell. I can only all request, perhaps when them Interest in have, itself on various Pages, Magazines or also Filming itself so that to employ. It is so exciting and really a good Instrument, what Conflict resolution cultures also advances or promotes. and is one great Work, also when one itself with negative Things busy, the in the Life pass can. But these Kind so that to deal with and the to cope and to edit is for me one good Matter and one total enriching Work. Therefore talk I with pleasure about it and happy me, with you been to be. I hope, you to the last Times.
[1:00:51]Hilke, many Thanks to. Good Time for you. Until soon. Until soon. Bye bye. My Conversation with Hilke.
[1:01:00]Kenkel-Schwartz to the Topic Victim-offender mediation with Sexual offences and so that several Topics, the for Mediators and Mediation generally Important are. The Context Criminal law, special Starting point, we have the Historic a little also unravelled, like itself the developed has, that so also the injured party one Offence, so the Victim, the Victims of the offence, there one Role play can at their Self-will and so that but also, Keyword restorative justice, at the Community will. And that in this Development field itself Mediations, Criminal cases then also unfolded has.
[1:01:41]Historic seen state promoted was, many Clubs itself in addition developed have and specialised have, the then now in the last Decades but but rather in one withering Situation itself recovered have, also close had to. So that we there from justice policy, judicial-historical Reasons now not from the Success story speak can. But straight the is it, what for Mediation and for Mediators interesting is and one should itself with this History employ, at Mediation to understand, even in not criminal law Contexts, but in this social Context. And the is with Hilke Kenkel-Black good and detailed successful, a instructive Conversation. And just as instructive is also Yours Contribution in the Conflict dynamics, the we with link become and the also for one certain Period then Public stands and retrievable is. As far as from mine Page here in one but very long Episode to the Topic Conflict management, Mediation, Organisational consulting in the Podcast in addition good through the Time.
[1:02:52]When you the please has and the Podcast you generally appeals, then leave also a Feedback and one small Valuation in yours Podcast Catcher on Google Business under Inko Company and recommend this Podcast with pleasure continue. For the Moment thank you I me, that even you here again with thereby was and say goodbye me for the best Wishes. Until to the next Times. Comes good through the Time. I am Sascha Weigel, yours Host from InfoFEMA, the Institute for Conflict and Negotiation management in Leipzig and Partner for Projects.
[1:03:18]Music and conclusion.
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