Gregory D. Paul

Problematizing the healing metaphor of restorative justice

Beginning with the premise that our linguistic and cognitive systems are fundamentally metaphorical in nature, this study seeks to explore the predominant metaphor of restorative justice (RJ), the metaphor of healing. Metaphor choice is important, particularly in conflict situations, as they encourage and discourage particular behaviors, attitudes, and perceptions. The conceptualization of RJ as a healing process (where participants heal the wounds caused by offending behaviors) is pervasive and integrated into the academic literature. Perhaps either due to its banality or its seeming beneficiality, we assert that the healing metaphor has not received sufficiently critical reflection. We examined primary metaphor use among RJ facilitators using 319 single-spaced pages of interview data gathered from 20 RJ facilitators. Our results suggest that the healing metaphor is potentially problematic for victims, offenders, and facilitators. We suggest an alternative, garden metaphor, for consideration as an alternative.

But Does It Work?: The Influence of Presumed Goal Attainment Effectiveness on Willingness to Use Legalistic and Restorative Responses to Offensive Behavior

Although victim-offender conferences (VOCs) ostensibly enable victims to pursue justice goals not achieved through conventional trials, not all victims wish to participate in them. The purpose of this study was to examine how victims’ presumptions regarding the effectiveness of VOCs and trials in accomplishing justice goals influence their willingness to participate in a VOC and their preference for a case to be managed solely by the courts. Study results indicated that participants believed VOCs and trials to be effective at accomplishing different goals and that such influenced how they wanted cases to be managed. This influence was moderated by desires for particular justice goals. These findings have implications for restorative justice researchers and practitioners interested in victims’ motivations to participate in a VOC.

Justice perceptions and practices of restorative justice facilitators and the public

Restorative justice proponents argue that a restorative approach to criminal justice is fundamentally different from the traditional approach to justice enacted by the court system. Third-party facilitators, who represent this alternative approach, are typically responsible for educating people about what restorative justice is, establishing the legitimacy of the restorative justice process, and persuading people to participate in this justice process. Perceptions of legitimacy and decisions to participate, in turn, are likely grounded in prescriptive justice beliefs as well as their perceptions of features of the traditional justice system. The purpose of the study was to compare prescriptive justice beliefs and traditional justice system perceptions held by facilitators and members of the general public. Additionally, the study examined how facilitators’ perceptions of their practices were connected to prescriptive justice beliefs and perceptions of restorative justice. Analysis of survey data revealed useful information about the groups’ perceptions of justice, the justice systems, and facilitators’ enactment of restorative justice.

Moral Foundations of Forgiving in the Workplace

Offensive behavior can create problems in the workplace. How victims cope with such behavior creates a range of individual, relational, and organizational consequences. Coping practices such as avoidance and forgiveness are products of individual characteristics and organizational values and norms. The purpose of this study was to explore the association between coping practices and conflict-related values, norms, and practices across four organizations. The results point to a need to examine how emotion management, coping practices, and organizational values and expectations are interrelated.

Paradoxes of Restorative Justice in the Workplace

Proponents of restorative justice argue that restorative practices are more effective than legalistic practices at addressing detrimental personal and relational outcomes of hurtful behavior. Following this thinking, researchers have argued that restorative justice offers the promise of constructive outcomes in the workplace as well. Yet, when adapted into workplace policies and norms, the potential exists for the use of restorative practices paradoxically to reinforce legalistic organizing structures and practices. Based on interviews with employees at an organization that codified and promoted restorative practices, this study identifies several paradoxes that can occur when engaging in restorative practices within a traditional, bureaucratic organizational structure. The article concludes with a discussion of the implications of these paradoxes for the understanding and practice of restorative justice in the workplace.

A mixed-methods analysis of mediator socialization through training

Purpose This study aims to better understand the socialization process individuals undergo when training to become a conflict mediator. Design/methodology/approach This paper presents an analysis of Michigan’s state-wide training guidelines, training documents and eight semi-structured narrative interviews from participants of two 40-hour mediation trainings. Findings Results are presented with regard to pre-training and post-training beliefs about mediation alongside data gathered regarding mediator tactics, beliefs and potential for transformation. In sum, newly trained mediators often undergo a phase of “unlearning” before returning to a settlement-focused facilitative model of mediation. Practical implications The paper presents implications for facilitative mediator training, training materials and role-play activities. Originality/value Third-party interventions can impact conflicts both positively and negatively. Currently, many states and municipal districts have engaged individuals through mediation training to act as a positive force for conflict resolution. Thus far, very little is understood about the development of individuals through mediation training.