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Life Arts    H2'ed 8/18/10

Our Justice System Requires Us To Punish Wrongdoers. What if There Were a Better Way?

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Mikhail Lyubansky
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Skeptical? I was too. And I wasn't about to be be convinced by testimonials and personal anecdotes. I wanted hard data, and I knew how to find it. What I found was one empirical study after another that demonstrated the effectiveness of restorative systems. Indeed, a review of research on restorative justice across multiple continents showed that restorative systems reduce recidivism in both violent and property crime in comparison to traditional justice systems and provide a variety of benefits to the "victims", including improved mental health and greater satisfaction with the justice process (Sherman & Strang, 2007).

Such a profound process should be difficult to facilitate, intimidating to even contemplate. It isn't. Part of the reason is that Barter has whittled the RC process to the bare essentials, which are few and relatively easy to learn, if not master. Another part is that Barter encourages a minimalist approach. "When I facilitate a circle," he says, "I intensely desire everyone's well-being and that's why I try to do nothing to help them." The statement seems paradoxical, but Barter is making an important point: The power of RC rests in the process, and it is the structure of the process that creates change, not the facilitator, whose job is merely to create and hold the space for the process to unfold.

Barter says the facilitators he enjoys observing most are those under the age of 10. Why not? In Dominic Barter's world, schoolchildren spontaneously break out into a restorative circle during recess. It seems downright inconceivable at first, but after a few days with Barter, the message sinks in: Facilitating a circle is child's play. Anyone can do it.

Given the level of conflict and injustice in our world, I wish everyone would.

Footnotes:

1. In regard to the "No Justice. No Peace" banner, in the context of restorative justice, the two concepts are not just interdependent, they are indistinguishable from each other. That is, justice is a way of resolving conflict compassionately by addressing everyone's needs, while peace is a way of living with conflict by engaging it effectively and compassionately.

2. Describing the actual process is beyond the scope of this particular piece, but interested readers should visit the restorative circles website.

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Mikhail Lyubansky, Ph.D., is a teaching associate professor in the Department of Psychology at the University of Illinois, Urbana-Champaign, where he teaches Psychology of Race and Ethnicity and courses on restorative justice.

Since 2009, Mikhail has been studying and working with conflict, particularly via Restorative Circles (a restorative practice developed in Brazil by Dominic Barter and associates) and other restorative responses to conflict. Together with Elaine Shpungin, he now supports schools, organizations, and workplaces in developing restorative strategies for engaging conflict, building conflict facilitation skills and evaluating the outcomes associated with restorative responses via Conflict 180.

In addition to conflict and restorative (more...)
 

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