Restorative Practices2009

Margaret McGarrigle

087 7752554margaret.mcgarrigle@gmail.com

Restorative Justice is……

• …..a process to involve, to the extent possible, those who have a stake in a specific offence and to collectively identify and address harms, needs and obligations, in order to heal and put things as right as possible

Howard Zehr, 2003

• Short-term discipline• To stop inappropriate behaviour while explaining

what is appropriate

• Long-term discipline• To help young people take responsibility for their

own behaviour• To teach self-discipline – when people’s lives and

behaviour are too regulated by others, they feel no need to control themselves.

Our Task …

Think of Self Think of Others

Minimise harmRecognise the extent of the harm caused

Become the Victim They become accountable

Blame Others Accept Responsibility

Excluded from process

Marginalised

Included in process

Integrated

Punitive Restorative

Human beings are happier, more productive and more likely to make positive changes in their behavior when those in positions of authority do things with them, rather than to them or for them.

Fundamental Unifying Hypothesis

of Restorative Practices

Social Discipline Window

How can How can you practice you practice consistently consistently

in this in this domain?domain?

HIGH

LOW HIGH

FIRMFIRM

FAIRFAIR

SOCIAL DISCIPLINE WINDOW( Mc Cold) RELATIONSHIP STYLES

Power StrugglesPower StrugglesConfrontationConfrontationAuthoritarianAuthoritarianWin-LoseWin-LoseRetributionRetributionStigmatisingStigmatising

ConsistentConsistentResponsiveResponsiveFlexibleFlexibleAccountableAccountableResponsibleResponsibleCooperationCooperationNegotiationNegotiation

UncaringUncaringTiredTiredLazyLazyBurnt OutBurnt OutGiven UpGiven Up

ChaoticChaoticInconsistentInconsistentExcusingExcusingGiving InGiving InBlurred Blurred BoundariesBoundariesRescuingRescuing

Central Idea of Fair Process

Kim & Mauborgne, Harvard Business Review, July-August 1997

Individuals are most likely to trust and cooperate freely with systems — whether they themselves win or lose by those systems — when fair process is observed.

FAIR PROCESS

• Expectations- everyone knows what is expected.

• Engagement - involve individuals in decisions/ listen to views.

• Explanation - clarify how decisions are reached.

The free expression of emotion inherent in

restorative practices not only restores, but also proactively builds new relationships and

social capital.

Social capital

Social capital is defined as the connections among individuals

and the trust, mutual understanding, shared values

and behaviors that bind us together and make cooperative

action possible.

Putnam, 2001; Cohen & Prusak, 2001

A continuum of responses

Informal

Language/Tone/Non-verbal

Affective Questions/Open/Curious

Formal

Restorative ‘chat’ / Circle Time

Small impromptu conference

Circle or classroom conference

Formal School Group Conference

To Offender

• What happened?

• What were you thinking at the time?

• What have you thought about since?

• Who has been affected?

• In what way?

• What do you think you need to do to make things right?

To harmed; • What did you think when you realised

what happened?• What impact has this had on you and

others?• What has been the hardest thing for

you?• What do you think needs to happen to

make things right?

School Group Conference

• Offenders tell what they did• Everyone talks about what impact this

has had on them• The group reaches a shared

understanding of the harm that has been done

• The group negotiates an agreement about how to repair the damage and minimise further harm.

• High degree of satisfaction after restorative interventions

• Significant decrease – in number of detentions– In visits to Principals Office– In suspensions in some schools

• Improved staff –student relationships (reported from staff and students)

• Impact on behaviour management – both individual and class.

• Positive response from parents• More calm, less stressed communication

Donegal/Galway reports;

Culture Change

• Culture – result of messages that are received about what is really valued.

• Behaviour is aligned to these messages in order to fit in.

• Changing culture = a systematic and planned change to these messages whose sources are behaviour, symbols and systems.

Margaret Thorsborne

Peta Blood

Young People on Restorative Practice ….

• It’s civilised ….you don’t have to shout….you can listen to each other.

• Everyone was able to understand what has happened and I was able to make up for what I did.

• Its Fair – staff have to do it if they are in the wrong.• I got a chance to say what I wanted to say and

people had to listen • xxxxx was able to forgive me and we have a really

good relationship now.

“Relationships are at the core”!!!

• Relationships are guided by mutual respect and understanding

• Where we have relationships within an environment, whether living environment or working environment, this creates a community.

• Damage mutually impacts on relationships / community.

We each are governed by our relationships with others .

Building a Restorative Community- Core Elements

• Explicit Framework • Fair Process• Working “With”• Awareness of where the young person is at –

“compass of shame”• Awareness of where self is at!• Use of Restorative language • Respect, Responsibility, Reparation, Restore.

Hazards in the lives of youth at risk;

• Destructive relationships - distrust the world

• Climates of futility - labels, negativity

• Learned irresponsibility - training for obedience rather than independence

• Loss of purpose - no sense of value to others

The reclaiming environment involves;

• Relating to the reluctant

• Brain Friendly Learning

• Discipline for Responsibility

• The courage to care.

Features of a reclaiming environment;

• BELONGING in a supportive environment rather than lost in bureaucracy

• Realizing MASTERY rather than enduring inflexible systems for the convenience of the adults

• INDEPENDENCE - Young people determining their own future in the context of a society needing to control harmful behavior.

• GENEROSITY -Young people as care-givers, not just helpless recipients overly dependent of the care of adults.