Conflict Resolution Between Victims and Offenders in Austria and in the Federal Republic of Germany (From Crime in Europe, P 151-171, 1991, Frances Heidensohn and Martin Farrell, eds. -- See NCJ-133051)

• NCJ Number: 133061
• Author(s): C Pelikan
• Date Published: 1991
• Length: 21 pages
• Sale Source: Routledge
• Publication Type: Program Description (Demonstrative)
• Language: English
• Country: United Kingdom

Annotation

This chapter describes the history and operations of juvenile justice conflict resolution schemes in Austria and West Germany.

Abstract

In an effort to expand alternatives to institutionalization for juveniles, Austria established a pilot project in May 1987 named "Out of Court Conflict Resolution in Juvenile Justice Matters." The project operated under the principle that delinquent acts are social conflicts between parties that can be constructively resolved through mediated resolutions under the guidance of trained mediators. Agreements derived from mediation may include reparation or restitution by the party that has injured the other party. Completion of the agreement precludes any additional intervention. The prosecutor determines which cases will be diverted to informal conflict resolution. This holds the potential for abuse and possible net-widening. Conflict resolution programs for juveniles in West Germany are organized by independent welfare organizations, municipalities, and the judiciary; there are also combinations of State, municipal, and private/independent agencies involved in conflict resolution. Three types of programs are described. Various instruments are used to achieve reparation such as repair of property damage, community service work, and financial restitution.