The Mediators within the Institute for Penal Reform Took Notice of Practices of Ukrainian Restorative Justice
On August 15-17, 2007 the mediators within the Institute for Penal Reform paid a study visit to the Ukrainian Center for Common Ground, Kiev, Ukraine.
Ukrainian Center for Common Ground in partnership with other 8 community restorative justice centers, under its aegis, implements the practices of restorative justice in Ukraine. The main purpose is to expand the practices of restorative justice in each district. Therefore, Ukrainian Center for Common Ground drew up the statute and the activity strategy of a model center that would carry up activities in the field of restorative justice for the local public administration which were interested in creating such kind of centers. The Center carries out activities of mediation in criminal cases, school and family conflicts, among neighbors and community circles.
A special attention should be paid to family conflicts by organizing family conferences in partnership with the Fund for Children from vulnerable families, Ukraine. Family conferences are carried out in cases of:
- Divorce of parents,
- Failure to perform the paternal duties;
- Violence against children;
- Alcohol and drug abuse of parents.
During the conferences there should be present the offender, the victim, the persons interested in settling the conflict from large family, the person or persons caring for child and mentioned by him, as well as specialists from different social services that would help to settle the conflict. The strong point of these conferences is that the specialists present actions that may interfere, but the family draws up the plan to settle the conflict and the way to fulfill it. The family conferences make its members to be responsible. Of 50 family conferences only in 5 cases the family didn't fulfill the plan within the conference; as a result the children were taken under the state care.
During the study visit the mediation process of the Republic of Moldova and Ukraine was analyzed. There were also identified both the differences and the similarities, especially as regards the mechanism of assessing and monitoring the process of mediation. The difficulties encountered in the process of mediation and their possible solutions were discussed as well.
The experience of Ukrainian center for Common Ground proved the need, usefulness and the advantages of restorative justice practices for community in settling different types of conflicts. Nothing remains to us but to adapt to the realities of the Republic of Moldova and to implement it taking into account the socio-cultural context.
The activity was carried out within the project "Strengthening the Reform of the Criminal Justice System in the Republic of Moldova", implemented with the financial support of the Interchurch Organization for Development Cooperation and the project "Promoting Alternatives to Detention in the Republic of Moldova" financed by Soros Foundation Moldova.
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