What is Restorative Justice?

The exact definition of restorative justice has been a source of great debate and remains contentious within the restorative justice field. Broadly speaking, two general conceptions of restorative justice have been put forth: a process conception and a values conception.[1]

The process conception sees restorative justice as, “a process that brings together all stakeholders affected by some harm that has been done… These stakeholders meet in a circle to discuss how they have been affected by the harm and come to some agreement as to what should be done to right any wrongs suffered.”[2] Some scholars have maintained that this process can take place in a range of contexts, including schools, workplaces, and other areas of civil society, while others see restorative justice strictly and solely as an alternative process for addressing crime. The most notable of these scholars is Kathleen Daly, who has asserted that restorative justice is a “justice mechanism.”[3]

“Restorative justice is a contemporary justice mechanism to address crime, disputes, and bounded community conflict. The mechanism is a meeting (or several meetings) of affected individuals, facilitated by one or more impartial people. Meetings can take place at all phases of the criminal process – prearrest, diversion from court, presentence, and postsentence – as well as for offending or conflicts not reported to police. Specific practices will vary, depending on context, but are guided by rules and procedures that align with what is appropriate in the context of the crime, dispute or bounded conflict.”

Kathleen Daly, “What Is Restorative Justice? Fresh Answers to a Vexed Question,” Victims & Offenders

In her analysis, Daly seeks to strip away the values and philosophical claims to look only at the process, a process that can be empirically studied and compared to other justice mechanisms.[4]

Proponents of the values conception argue that restorative justice represents a greater paradigm shift than that, a new way of thinking about our response to crime and conflict, with common principles and values as the unifying factor between different restorative justice modalities. Following that line of reasoning, Zehr has offered the following definition of restorative justice:

“Restorative justice is an approach to achieving justice that involves, to the extent possible, those who have stake in a specific offense or harm to collectively identify and address harms, needs, and obligations in order to heal and put things as right as possible.”

Howard Zehr, The Little Book of Restorative Justice [5]

Rather than defining restorative justice as a specific process or procedure, this conception sees restorative justice as better defined by the approach to justice the process takes and the principles and values underlying this approach.

Gerry Johnstone and Daniel Van Ness refer to this as the “reparative conception” of restorative justice. In this view, restorative justice is defined by its assertion that the response to crime or conflict must seek to repair the harms resulting from the incident or bring about healing.[6] It is not solely the process or encounter, but rather this new way of understanding and approaching crime and conflict that is the defining feature of restorative justice.

Others take an even wider approach to the values definition of restorative justice, understanding it as a fundamentally different way of seeing the community as a whole, founded on common beliefs and a vision of a more ideal possible societal future. Johnstone and Van Ness refer to this definition of restorative justice as the “transformative conception.” In the transformative conception, humans are seen as fundamentally relational beings, connected to one another and to our environment.[7] It is the mission of the restorative movement to transform individuals and social structures to be in alignment with this more relational and connected worldview. Kay Pranis similarly identifies underlying beliefs or assumptions about the nature of the universe and its operation that she argues are at the base of restorative justice work. These beliefs include that there is a core human need to be in good relationships, that all humans are connected and interdependent, that wisdom resides in each person, and that justice is healing.[8] Johnstone asserts that, grounded in these beliefs, restorative justice operates as a wider social movement. This social movement seeks not only to transform the community’s response to crime, but also other aspects of contemporary society.[9]

In my view, both the process and the values conceptions of restorative justice are important and mutually reinforcing. Braithwaite and Strang note, “It is best to see restorative justice as involving a commitment to both restorative processes and restorative values.”[10] Restorative justice cannot be understood solely as a process or a “justice mechanism;” the greater social aspirations and distinct value system the movement has birthed plainly indicate the need for a more expansive understanding. Nor can the restorative social movement be adequately understood when separated from the processes by which the values are experienced.

Excerpt from Lindsey Pointer, Justice Performed: The Normative, Transformative, and Proleptic Dimensions of the Restorative Justice Ritual, PhD diss., Victoria University of Wellington, 2019. 

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[1] John Braithwaite and Heather Strang, “Introduction: Restorative Justice and Civil Society,” in Restorative Justice and Civil Society, ed. John Braithwaite and Heather Strang (Cambridge: Cambridge University Press, 2001), 1.

[2] Ibid.

[3] Kathleen Daly, “What Is Restorative Justice? Fresh Answers to a Vexed Question,” Victims & Offenders  (2015): 13.

[4] Ibid., 14-15.

[5] Howard Zehr, The Little Book of Restorative Justice, Revised and Updated (New York: Good Books, 2015), 48.

[6] Gerry Johnstone and Daniel Van Ness, “The Meaning of Restorative Justice,” in Handbook of Restorative Justice, ed. Gerry Johnstone and Daniel Van Ness (Portland: Willan Publishing, 2007), 17.

[7] Ibid.

[8] Kay Pranis, “Restorative Values,” ibid., 65-66.

[9] Gerry Johnstone, “The Agendas of the Restorative Justice Movement,” in Restorative Justice: From Theory to Practice (Sociology of Crime, Law and Deviance, Volume 11), ed. Holly Ventura Miller (Bingley: Emerald Group Publishing Limited, 2008) 59.

[10] Braithwaite and Strang, “Introduction: Restorative Justice and Civil Society,” 2.

If a Picture is Worth a Thousand Words, How Can We Illustrate Restorative Justice?

The challenge of describing restorative justice and how the philosophy and approach differs from the conventional justice system is one that practitioners and scholars have grappled with since the beginning of the movement. The retributive approach to justice is so culturally ingrained that it can be difficult to fully communicate the restorative paradigm and the impact of this different way of understanding and responding to wrongdoing.

Images play a powerful role in communicating complex ideas. As the well-known idiom in the title suggests, the best images are capable of conveying meaning more effectively than a lengthy description.

So how can we use the power of images to help communicate the concept of restorative justice?

A recent article by Brunilda Pali highlights the lack of images of restorative justice available to help communicate its meaning. The most common image used is of a group of people seated in a circle, which does not communicate significant conceptual depth to someone new to restorative justice. She notes that “art can mediate, enhance, and make tangible new and alternative understandings of the notion and practice of justice” and laments the fact that restorative justice scholars have been latecomers to grasping this power of images.[1]

When we consider the complex concept of justice, the most common image encountered is that of Lady Justice. Lady Justice is generally depicted wearing a blindfold and carrying scales and a sword. The blindfold is meant to represent impartiality, the scales signify fairness and the weighing of evidence, and the sword symbolizes the authority to punish.Lady justice standard image

Restorative justice challenges the concept of justice communicated by the Lady Justice image in almost all of its elements. As Pali notes, “from a restorative justice perspective, the sword, the scales, and the blindfold mainly represent the limitations of formal justice, where justice is seen as harsh, rigid, and unable to see the injuries imposed in her name.”[2]

Pali’s article inspired me to think about how I would visually portray the restorative concept of justice. Because of the strong association of the word “justice” with the image of Lady Justice, I felt that an effective restorative justice image would need to be in conversation with the Lady Justice image. How could the Lady Justice image be modified to communicate the ways in which the restorative concept of justice differs from the punitive justice she personifies?

I began to wonder about a Lady of Restorative Justice, who has taken off her blindfold in order to see the complex humanity and individual needs of each person involved in the process. She would have hung up her sword and scales, and taken her place as an equal member of the circle, leaning in, intently and compassionately listening to the stories of the people present and what each person needed to repair the harms and make things right.

I reached out to a local Wellington artist, Phil Dickson, who agreed to illustrate the idea. This is the image he created.

Lady Justice circle image

What concept of justice do you think this image communicates? How would you illustrate restorative justice?

 

[1] Brunilda Pali, “Images of Alternative Justice: The Alternative of Restorative Justice,” Crime, Media, and Popular Culture  (2017): 11.

[2] Ibid., 5.

How Can Circles Benefit Spiritual Communities?

About a month ago, a local church approached our team about how they could implement restorative practices in their community. They are a very diverse church with many English language learners who have recently moved to New Zealand from other countries. Especially because of these language and cultural barriers, it can be difficult for all 50+ members of the church to feel connected. Like any community, there is also sometimes conflict, and they were looking for tools to help them work through the issues that occasionally come up.

As a church committed to following the lived example of Jesus, they were also interested in the work of reconciliation and peacemaking, and wanted to be involved in that sacred work within their community.

They decided to do a four-week series on the theme of becoming a restorative church, and I was asked to come on week three to facilitate a circle experience. The idea was that we would give the community an experience of relationship-building circles, to strengthen their connections to each other and each member’s sense of belonging. Then, when issues come up in the future, there would already be familiarity and comfort with the circle process as a structure for holding those more difficult conversations.

I arrived an hour early to sit down with a group of five volunteer facilitators from the community who had been asked to take on the role because they were perceived as good listeners and natural, gentle leaders. I started by facilitating a circle with them, so that they could know what if feels like, and then we debriefed the experience and talked through the essential elements of facilitating and any questions they had. They had all been asked ahead of time to bring treasured objects to use as their talking pieces.

We also had four volunteer translators from the community, who were given the circle questions and an overview of the circle process ahead of time.

After the standard service, I gave a quick introduction to circles and then helped to divide the congregation into five circle groups, with a translator in each group that needed one. The facilitators then led their circles through the three rounds of questions (which you can see in the circle guide below).

I kept an eye on all five circles and then brought everyone back together at the end to talk about the experience. The community shared beautiful reflections about how it felt like a sacred space was created in the circle, like God was truly present. One newer member of the church said this was the first time he had really felt something in his heart since coming. The groups reflected on laughing and crying together and the beauty of being able to hear each other’s languages and connect with each other with the help of the translators.

Taking the time to connect with each other in a meaningful way is so life giving in a community. For me, circles are a place where the divine feels so tangible. If you are part of a spiritual community, offer to facilitate a circle process. You will be amazed by the outcome!

 

Circle Guide

  • Welcome
  • Purpose of the Connection Circle (to build connection and community, to get to know each other on a deeper level, to practice the circle structure)
  • Establish Group Rules
    • Please listen and speak with respect
    • Respect everyone’s privacy by not sharing what is said in the circle
    • Speak only when you have the talking piece and share time fairly
    • You may pass and we will come back to you
    • Practice patience
  • Introduce Talking Piece
    • Significance of object used
    • How it relates to the question
  • Question Round(s) (you may have time for 1, 2, or 3 rounds of questions)
    • Round 1: Please share your name and a story connected to your name (this could be what your name means, how your name was chosen, what you think of your name, or any other story related to your name).
    • Round 2: What do you feel grateful for this week?
    • Round 3: What experience in your life have you learned the most from? What did you learn?
  • Close the Circle
    • Thank everyone for participating
    • Reflection and tie it all together ending

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Beyond the Carrot and the Stick

What is the best way to promote good, pro-social behavior? Is it rewarding good behavior or punishing bad behavior? The carrot or the stick?

This question has been asked across a wide range of contexts from the criminal justice system to schools to workplaces to international relations. Those in authority in each context have tried one or the other, or most often, a combination of both, in an attempt to persuade the members of their community to behave well.

It strikes me in examining this dynamic that we have been extremely limited in our two options: the carrot or the stick. In order to best inspire good behavior, perhaps we need to think beyond rewards and punishment.

The “stick” or the threat of punishment is often employed as a deterrent for harmful behavior. The thinking goes: if people know that they will be punished for a certain action, the threat of that punishment will deter them from following through. There is an appealing logic to this line of thinking, but it isn’t as effective as we generally think. As Paul Rock notes, the ability to threaten and deliver sanctions has been found minimally effective in shaping people’s law-related behavior.[1] Additionally, re-offence rates following punishment remain stubbornly high, suggesting that the “stick” does little to prevent future negative behavior.

The “carrot” or the reward for good behavior is often used in an attempt to incentivize people to act a certain way. For example, in schools, students may receive stars or treats for good behavior or in workplaces, employees may receive a bonus for good performance. I remember classmates in High School who were paid by their parents for good grades. As Daniel Pink (2001) explains in Drive: The Surprising Truth about What Motivates Us, external rewards are not actually the best way to motivate people. The problem here is that the motivation for the positive behavior is based on external factors rather than internal.

The solution to this problem may be to expand our options; to think beyond the carrot and the stick. Restorative Practices suggest that the best way to encourage good, pro-social behavior is to listen. Ask open-ended question with a tone of curiosity and respect and listen genuinely to the answers. Strive to understand individuals’ needs and to make them feel heard and respected.

All people share a core need to feel they are valued and that they belong. Work to create spaces in your community that foster collaborative communication with an emphasis on equal voice. One great tool for this is the restorative circle process.

It is not deterrence through threat of punishment or incentivizing through promise of reward that holds the greatest influence on our behavior. Rather, it is an experience of our connection to others and a sense of being valued and heard by our community that fuels us to do well.

[1] Paul Rock, “Rules, Boundaries and the Courts: Some Problems in the Neo-Durkheimian Sociology of Deviance,” British journal of sociology 49, no. 4 (1998).

Sustained Restorative Dialogue – Understanding and Preventing Sexual Harm on Campus

Over the past two years, Victoria University of Wellington (VUW) has taken significant steps towards becoming a Restorative University. This has involved the use of restorative processes both in a reactive way, as a response to misconduct or incidents of harm, and a proactive way, in order to build community, enhance belonging and mutual responsibility, and identify shared community norms.

The “Sustained Restorative Dialogue” method was piloted in July 2018 as a proactive restorative process to hold difficult conversation about important community issues. The inaugural dialogue explored the issue of sexual harm and harassment on campus. It was a “sustained” dialogue in that it was run over four sessions with the same participants. It was a “restorative” dialogue in that the conversation moved in sequential sessions through the main steps of a restorative analysis – What is happening? What are the impacts? What is needed to make things right? The aim of the dialogue was to explore the broader climate that gives rise to sexual harm in the campus setting and beyond and to explore possible solutions.

The report below includes background information, the circle outlines for each session, feedback from participants, recruitment processes, and lessons learned. Please feel free to reach out if you have any questions!

 

In September 2018, the group met again to continue the discussion of what is needed to make things right in our university community, based on the depth of understanding gained through the dialogue process. A list of their recommendations were compiled in the document below and submitted to the university for consideration.

Recommendations for VUW from SRD

Be Real, Love, Empathize: Insights for Facilitators from Carl Rogers

While restorative justice is not therapy, it often has therapeutic outcomes for participants. Particularly at the pre-conference stage, the facilitator’s role can feel akin to that of a therapist, helping to guide and support clients on their own journey towards healing, learning and growth.

This week, I have been reading some of Carl Rogers’ work in which he seeks to identify what elements or conditions are necessary in order for the client to experience positive therapeutic movement. Some of Rogers’ assertion deal with the necessary conditions of a therapist in order to facilitative positive change in a client. I find these necessary conditions highly applicable to the role of facilitators throughout the restorative justice process.

Specifically, Rogers identifies three conditions which when they occur in a therapist and are to some degree perceived by the client, will lead to progress and growth for the client. Each of these conditions is similarly an essential condition for restorative justice facilitators.

1. Congruence (“Be Real”)

“The therapist should be, within the confines of that relationship, a congruent, genuine, integrated person. It means that within the relationship he is freely and deeply himself, with his actual experience accurately represented by his awareness of himself. It is the opposite of presenting a façade, either knowingly or unknowingly. It is not necessary (nor is it possible) that the therapist be a paragon who exhibits this degree of integration, of wholeness, in every aspect of his life. It is sufficient that he is accurately himself in this hour of this relationship, that in this basic sense he is what he actually is, in this moment of time.” [1]

A facilitator, like a therapist, must “Be Real.” We all know from experience that there is nothing more off-putting than interacting with someone who you can sense is putting on a show, or is acting in a way that doesn’t align with their inner self. Maybe it is a false-sounding tone of voice or statements and gestures that feel more like a performance, those moments of un-realness can be unsettling and discourage the development of trust. Naturally, as a facilitator, there will be moment where something comes up and you have to keep calm on the outside while inside your wheels are turning to figure out what to do next, but I think there is still a way to manage that necessity while being real. A lot of this comes down to taking time before a pre-conference or conference to center yourself, to focus inward and notice your feeling and thoughts as they come up. Breathe deeply and connect with that inner most version of self where your wisdom and intuition reside. Then go into the process with that most genuine self in full expression rather than trying to act in a way you think you should or have seen others act. Come to the process with your real, true self shinning!

This also points to the importance of an ongoing practice of personal growth and discovery for all people, but especially for those in helping professions. As many wise teachers throughout the ages have explained, the cultivation of inner peace is an essential part of building peace in the world around us. For a beautiful account of the importance of this inner work in the peace builder’s journey, I recommend my friend Kathleen McGoey’s book. 

I appreciate that Rogers notes that it is impossible to be in this state of congruence at all times or in every aspect of our lives. It is a life-long journey to learn how to live more and more in authenticity. However, when you have the honor of facilitating a deeply transformative and healing process for clients, it is so important to take the time to bring yourself to that place. When facilitating conferences, I generally schedule myself at least 45 minutes prior to the beginning of the conference in which I have nothing else to do. This allows me time to arrive early, set up the space, and also take some time in meditation, focusing on my breath and checking in with my thoughts and energy, centering myself for the process ahead.

2. Unconditional Positive Regard (“Love”)

“When the therapist is experiencing a warm, positive and acceptant attitude toward what is in the client, this facilitates change. It involves the therapist’s genuine willingness for the client to be whatever feeling is going on in him at that moment, – fear, confusion, pain, pride, anger, hatred, love, courage, or awe. It means that the therapist cares for the client, in a non-possessive way. It means that he prizes the client in a total rather than a conditional way.  By this I mean that he does not simply accept the client when he is behaving in certain ways, and disapprove of him when he behaves in other ways. It means an outgoing positive feeling without reservation, without evaluations.” [2]

At a restorative justice conference a few years ago, I saw Dr. Cornel West speak and at the center of his speech was this wonderful explanation: “Justice is what love looks like in public.” In order to help people, we must love them. People are more likely to change for the better when they sense that they are loved and accepted no matter what. The behavior may be seen as bad, but the person is still innately good and accepted.

This point relates closely to the dynamic of shame in the restorative justice process. As we know, offenders are often vilified and face what legal scholar John Braithwaite termed “stigmatizing shame.”[3] When an offender is degraded through shame, it poses a threat to his or her identity. The offender is likely to respond by rejecting the rejector (mainstream society) and the rules valued by the rejector (the law). A solution to this isolation is to turn to criminal subcultures, which provide a culture of pride in delinquency, as well as personal connections and resources. In this way, stigmatization of offenders perpetuates criminal behavior and ultimately makes communities less safe.

The only way to stop this destructive cycle of shame, is to learn to love the person who caused harm unconditionally, separating the person from the behavior. Learning to love those who have caused harm I feel is one of the greatest human lessons, and it is certainly not easy. It is a lesson put into practice by many of the most powerful leaders throughout human history including Martin Luther King Jr., Gandhi, and Jesus. It is a difficult practice to learn to meet clients and hear their stories while holding this unconditional positive regard, and to learn how to not try to use your approval or disapproval to shape their behavior, but it is so necessary for effective facilitation. It is also in alignment with a restorative worldview, which sees all people as innately good and unconditionally worthy of love.

3. Empathetic Understanding (“Empathize”)

“When the therapist is sensing the feelings and personal meanings which the client is experiencing in each moment, when he can perceive these from ‘inside,’ as they seem to the client, and when he can successfully communicate something of that understanding to his client, then this third condition is fulfilled.” [4]

The final condition that Rogers emphasizes is empathy. This also relates to the dynamics of shame within the restorative justice process. Another of my favorite thinkers, Dr. Brené Brown, has said, “Shame cannot survive being spoken. It cannot survive empathy.” When we are able to genuinely feel and express empathy to victim, offender, and communities of care, it helps to transform that shame into healing and a motivation to work towards making things right.

In my experience, the more you facilitate and the more you have the opportunity to practice putting yourself in the shoes of each participant in a restorative justice process and really feeling what they feel, the easier this becomes. It is something that must be practiced, and a skill that I hope that schools will emphasize to a greater degree in the future, because I see it as one of the most essential skills to being human.

There are, of course, other important skills, understandings, and abilities that contribute to good restorative justice facilitation. However, the three conditions outlined by Rogers seem like a powerful starting point. If we can learn to be real, to love, and to empathize with the people we work with, we are at a powerful starting point for facilitating positive transformation.

 

[1] Carl Rogers, “The Necessary and Sufficient Conditions of Therapeutic Personality Change,” Journal of Consulting and Clinical Psychology 60, no. 6 (1992): 828.

[2] On Becoming a Person: A Therapist’s View of Psychotherapy (London: Constable & Company Ltd. , 1961), 62.

[3] John Braithwaite, Crime, Shame and Reintegration (Cambridge: Cambridge University Press, 1989).

[4] Rogers, 62.

How can the circle manage power differences between participants?

Type of process: Circle

Conference Participants:

  • 2 Students – Shane and Brian
  • Student Advocate – Elizabeth
  • Professor – Paul
  • 2 Facilitators

Referring agent: Student Advocate

Factual Synopsis: A dispute over the grading of an assignment between a professor and two students expanded into an interpersonal conflict and rumors that damaged the students’ reputations within the department with other professors and their peers.

Narrative:

Shane and Brian approached the Student Advocate only after the conflict with their professor, Paul, had already been going on for several months. The conflict began when a group assignment that Shane and Brian had completed, which Paul had previously said was sufficient, was suddenly called into question by other students in the class who were building off Shane and Brian’s work in their own assignment. Paul decided the work was not acceptable and gave Shane and Brian only a day to re-do the assignment. They pulled two all-nighters re-doing the work, but still received a bad grade. In an email to the class, Paul expressed his disappointment with Shane and Brian’s work, which led to division and hard feelings in the class and embarrassment for Shane and Brian. Paul also informally shared what happened with other professors in the department. In another class, a professor told Shane that he wouldn’t get away with what he had done in Paul’s class there. The two students felt that their reputation in the small department was ruined and also felt that the grade was unfair and worried that it would negatively impact their ability to get into the Masters’ program. They prepared a lengthy report, detailing each incident in the ongoing conflict, and brought their complaint to the Student Advocate, who referred them to Restorative Justice.

Paul is a professor who really cares about his students and is passionate about his subject and creating an engaging and relevant learning environment for his students. He is also often disorganized and overwhelmed. When the co-facilitator and I met with Paul during the pre-conference, he regretted that there had been conflict over the assignment and his short fuse in the midst of a stressful class, but he did not seem to see the full impact of what had happened on Shane and Brian and their reputation, or how organization and clarity issues had contributed to the conflict.

Conflicts between students and faculty can be difficult because of the power difference that exists between a professor and a student. Often, the traditional education model only exacerbates this hierarchy. This difference in power can make it difficult for students to feel free to share their true experience and feelings in an incident of harm. In responding restoratively, it is important to be intentional about equalizing that power difference. That is largely accomplished through the circle process itself. Sitting on an equal plane, the use of the talking piece, equal time to speak, and equal respect and attention from all participating parties (modeled by the facilitator) all contribute to the equalizing experience. The ground rules and the facilitator’s confidence also contribute to the circle feeling like a safe space to share honestly. During the restorative circle meeting, the students and the professor had the opportunity to share their experience and hear from one another. They gained a better understanding of the other’s experience and Paul apologized for the stress and personal hardship caused to Shane and Brian.

Among the outcomes agreed upon were that the assignment would be re-graded by an outside professor, that Paul would look the structure of his class and assignments to identify areas of improvement regarding deadlines, clarity and balance of work, and that Paul will raise at the next department faculty meeting that the matter with Shane and Brian has been resolved and there are no hard feelings. He also planned to express to the faculty that there is a need in the department for a system and a culture that encourages prompt face-to-face resolution of conflict.

In the feedback questionnaire following the circle, Shane reported that he was surprised by the opportunity to understand the different perspectives of everyone involved and explained that now there is no longer repressed feelings and built up stress.

Below, you will find a general overview of the circle process the co-facilitator and I designed to respond to this issue. In any conflict, there is only so much you can do to anticipate what circle questions will be needed beforehand. As facilitator, you have to be ready to add another question round, or even suspend the structure of the circle, depending on what is needed to adequately surface impacts and needs and facilitate understanding. In this circle, I added question number three about misunderstandings in the moment because it felt like something the participants needed a chance to name.

Circle Guide

Welcome: Thank you all for being here and for taking the time to have this conversation. Explain the structure of the circle and the focus on impacts and repairs.

Ground Rules:

  • Listen and speak with respect
  • Respect confidentiality
  • Only one person will speak at a time
  • Any additional ground rules? Can we all agree to those ground rules?

Introduce Talking Piece

Round 1: What are your hopes for this meeting?

We are here to talk about a conflict around feedback and grading of an assignment that has also had an ongoing impact on feelings of comfort and ability to work together.

It is a long history, so there will be some different perspective on exactly how everything happened. We can all experience the same thing and have a different story (in the same way that today we will all experience this conversation but will leave with 6 slightly different stories). So today what we are focusing on is how each person has been affected, because impacts are always true to the individual and it is difficult for us to know exactly how another person was affected without hearing it from them. We will also be focusing on finding a way to repair the harm that has occurred and to move forward in a positive way.

Round 2: Speaking from your own personal perspective, how have you been affected? This can include personally, professionally, etc.

Round 3: In what ways have you felt misunderstood by the other person in this conflict?

Round 4: What is the main issue for you moving forward?

We are about to change gears now to talk about what needs to be done to make things right moving forward, but before I ask that, we want to ask a question that gets to the root of why you all work and study together.

Round 5: What is the thing you love most about landscape architecture?

In recognition that shared passion/path, how can we repair the harm from this incident so that you can work together?

Round 6: What needs to happen to put things right?

Talking piece is suspended and co-facilitator will guide this conversation until an agreement is reached. 

Round 7: Chance for a final word.

Close

Learning to Work “With” (The Social Discipline Window)

socialDisc_window

“Human beings are happier, more cooperative and 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.”

– Ted Wachtel

The Social Discipline Window describes four basic approaches to addressing behavior that needs to be changed. Restorative practitioners use this tool to gauge the best response to a specific incident or ongoing issue. The four strategies are represented as different combinations of high or low control and high or low support. The word “control” never seems like quite the right fit to me, so I instead use “expectations of behavior” or “accountability.” The restorative domain combines high expectations of behavior and high support and is characterized by doing things with people, rather than to them or for them. A restorative approach allows us to address the problematic behavior, while also practicing empathy and maintaining a strong relationship.

Take, for example, a student who is repeatedly disruptive in class, speaking over the teacher and making loud comments and jokes.

The Neglectful strategy is to not do anything, to hope that the student will just eventually stop.

The Punitive strategy is punishment, doing something to the person who is misbehaving. The teacher might give the student detention or remove privileges like being able to come on a field trip. The strategy holds the student to a high expectation of behavior, but has very little support. This strategy may result in animosity between the teacher and student, and will not address the core issues or needs contributing to the problematic behavior.

The Permissive strategy is when we do things for someone. We accept their excuses or make excuses for them. The teacher might tell herself that the student is just trying to be liked by the other students because he has been having trouble making friends, or that his unrestrained enthusiasm is a sign that he is enjoying the class. A possible outcome is that other students, seeing that a high expectation of behavior is not upheld, will similarly begin to speak out of turn, and the teacher will slowly lose the respect of the class and the ability to facilitate an effective learning space.

The Restorative strategy is when we work with the person to resolve the issue. The teacher would speak with the disruptive student one-on-one, explain the impacts his disruptive behavior, and respectfully ask the student about his experience and what is going on. This keeps communication open and allows the teacher to find out what needs are contributing to the student’s misbehavior. Is the student having trouble making friends? Are there troubles at home that are impacting the student’s behavior at school? Are there other more productive ways that the student would like to be an outgoing leader in the classroom? Does the student need additional material to challenge him and keep him on task? The teacher and student would work together to understand what are the barriers to meeting the behavior expectations and how can those barriers be addressed.

What strikes me about the restorative strategy for addressing behavior issues is the humility it requires on the part of the teacher, facilitator, parent or other person of authority. Rather than thinking that we know best and approaching the problem with an already formed answer (as is the case in both the punitive and the permissive strategies), the restorative strategy approaches the issue by asking questions, with a humble and compassionate desire to better understand. It is the only strategy that allows us to actually get to the core of the issue.

There are a few strategies you can use to address conflicts and issues in your own life restoratively.

  1. Ask questions! Don’t assume that you know why a person is doing something, what their needs are, or the best strategy for making things right. Remember to make questions open-ended (so they can’t be answered with a simple “yes” or “no”) and to use a tone of respect and non-judgment.
  2. In approaching an issue, follow the framework of the three central restorative questions.
    1. What happened?
    2. Who was affected and how?
    3. What is needed to repair the harms and make things right?
  1. Commit some time to self-reflection and identify which strategy in the Social Discipline Window is your default response. Are you prone to avoiding conflict and doing nothing, to jumping straight to punishment, or to making or accepting excuses for poor behavior? Knowing this about yourself will help you to know which direction you need to push yourself. Do you need to remind yourself to hold high expectations of behavior with the people in your life or do you need to remember to take a step back and show support?

In each of the communities and interactions that make up our lives, the Social Discipline Window offers us a tool for thinking about how to approach issues and conflicts more restoratively.

Peace in the Soil

I recently heard Siddhartha Mukherjee speak on an episode of Ted Radio Hour titled Rethinking Medicine. In his talk, Mukherjee notes that the prevailing medical approach (in the western medicine tradition) to this point has been to “have disease, take pill, kill something.” Mukherjee traces the prevalence of this approach to the antibiotic revolution, which fueled a perception of medical treatment as being primarily about administering pills that would seek out and destroy an illness.

In this “search and destroy” approach, the question being asked is, “What can I take to kill my illness?” This approach has led to advancements, but it is also a very limiting question that does not consider the body as a holistic system. The question Mukherjee says we should be asking is, “What is the environment that is allowing the illness to grow? What is it about the body and the environment as a holistic system that needs to be healed?” He uses the metaphor of soil; healthy soil grows seeds of health, unhealthy soil grows seeds of illness. In the next phase of medicine, we must shift our thinking from killing the illness, to treating the soil so that health, and not illness, thrives.

What Mukherjee is talking about is perceptual shift, a new metaphor. Instead of talking about “killing” something, we should be talking about “growing” something.

There are clear parallels in this proposed perceptual shift in the medical field to the peacemaking field. One must only consider the approach the US has taken to terrorism to see our fixation on finding and destroying the sprouting seeds of violence, while ignoring the soil that is allowing them to take root and flourish. In our violent attempts to uproot the manifestations of terrorism we see, we do nothing to heal the soil, to improve relations, goodwill or understanding, so that seeds of peace will grow. Instead, we often only harm more people, and further fuel the growth of terrorism.

Even beyond the use of the military or other violent attempts to get rid of violent people or ideas, other approaches to peace building also often fall into the perceptual framework of looking for the one “magic pill” that will fix the problem. We look for the new policy or compromise or formal apology that will lead to the cessation of violence. But peace isn’t just the absence of violence (like health isn’t just the absence of illness). Violence cannot just be cut out or destroyed. Peace is about the cultivation of spaces that generate peace. Peace is about the soil.

We can employ a similar metaphor when thinking about crime and the people who commit crimes. How can we change the soil that gives rise to criminal behavior?

There are a few obvious unmet needs that lead people to commit crimes such as food, shelter, safety, health, education and opportunity. In a holistic approach to addressing criminality, we have to find ways as a society to first meet these needs. The first ingredient to peace soil is ensuring a good livelihood for all.

Beyond meeting those basic needs though, there is also something deeper at work in peace soil. When we proactively support the growth of peace, it involves generating experiences of connection and belonging that fuel empathy and kindness.

In my research, one of my central questions is “How does the restorative justice process create a transformational experience for participants?” In the restorative justice field, a lot of research has been done to show that restorative justice works, that it shifts emotions and relationships from enmity towards reconciliation and reduces recidivism. Less work has been done to understand how the process functions to make those positive outcomes possible.

I am drawing on Victor Turner’s theory of ritual in order to understand the transformative capacity of restorative justice. Turner describes a ritual phase called liminality. Liminality is an in-between state, where normal social roles and rules are suspended and participant experience absolute equality. Out of liminality, communitas, or a revelation of our inherent connection, arises. This realization that we are all connected leads to an impulse towards human kindness and greater empathy. These phases and feature of a transformative ritual are all present in a successful restorative justice process. The experience of liminality and communitas are the soil for the growth of peace between participants.

Often, following an experience of restorative justice, participants or facilitators are left with a craving to be in that sort of space again, a space where there is equality, open communication, and a deep feeling of connection. Circles, which are a restorative practices often used to build and strengthen community, can provide an experience of being in that liminal space again. The proactive use of circles can increase feelings of belonging, empathy, quality of communication, and ability to handle conflict in a community.

Returning now to the big question: what are the essential ingredients to peace soil? What is the fertilizer that helps peace seeds grow? I think that experiences of liminality have a large role to play. When we have an opportunity to enter an intentional space together, to put aside our differences and our social roles and rules of interaction, to speak honestly and openly, to share vulnerability and listen with compassion, and to reconnect with our deep state of connection to one another, that experience is the crucial nutrient in the soil that grows peace. Restorative practices create spaces for that experience to unfold.

Koru_artwork

The koru is a spiral shape based on the shape of a new unfurling silver fern. It is a Māori symbol for new life, growth, strength and peace.