Encounter. Repair. Transform. These core tenets of restorative justice allow for an approach that leans into harm repair, reconciliation, collaboration and healing. The restorative justice process prioritizes the healing of all parties involved in a conflict rather than focusing on the crime-and-punishment methodology that has defined our society’s idea of justice.
As a model, restorative justice is seeing immense growth and has incredible implications for addressing behaviors. And in the movement to interrupt the school-to-prison pipeline, restorative justice as part of a comprehensive set of restorative practices can contribute to building supportive school climates and cultures that help to keep young people in schools and out of the criminal legal system.
Appropriate facilitation is a key factor that can influence the efficacy of a restorative justice practice. Restorative justice approaches may vary depending on the nature of the harm, the number of affected parties and the age of the participants. Aside from the willingness of participants to engage in the process, competent facilitation is imperative. Integrating understanding of the concepts of inclusivity, power dynamics and cultural sensitivity into the facilitation process is essential in designing a restorative justice process. These concepts are central to facilitators navigating the tenets of restorative justice and eliciting maximum participation and effective results in restorative practices.
Practicing Inclusivity in Facilitation
School discipline should be implemented equitably; however, in practice, harsh school discipline has been racially disproportional and is a driving force of the school-to-prison pipeline. As the SPLC report Only Young Once: Alabama’s Overreliance on School Pushout and For-Profit Youth Incarceration points out, in Alabama, “Black children are more likely to be suspended from school than their white counterparts, even when committing similar offenses.” Disparities in discipline also disproportionately harm students with disabilities and those experiencing poverty. Therefore, inclusivity in restorative justice must be addressed in the process and in consideration of who is served by restorative justice practices.
As an alternative to punitive discipline and reactions to conflict, restorative justice aims to challenge the status quo, and this begins with inclusivity. Restorative justice is a shared responsibility for collective healing, both individually and as a party to an experience. Facilitators need to create an inclusive environment for all parties to ensure the process operates in fairness and is as inviting as possible for everyone. Inclusivity in this sense means creating a safe space for all parties to be heard and respected. A facilitator should engage in pre-work, which might include introducing themselves to each participant separately and before the initiation of restorative justice practices. This allows them to answer questions that participants may have, familiarize themselves with expectations of the process and gain insight into the type of restorative process that may work for the dynamic. Meeting participants in advance also helps with rapport building, which makes the restorative process easier to navigate.
Considering the timing and cadence of the restorative practice is also a part of inclusivity. We are a diverse society with several religions and holidays. If, for example, a party to the restorative process practices Islam or Judaism, you may want to refrain from scheduling sessions near prayer times or during holy days. Additionally, facilitators can use the pre engagement period to determine what other avenues for an inclusive experience can be explored. These might include accessibility considerations. For language access, facilitators should ensure that printed materials are available in the language of the participants and their support persons, or that an interpreter is obtained if necessary. Selecting a venue that respects participants’ needs, backgrounds and identities is also imperative.
Addressing Facilitator Bias in Restorative Justice
After establishing a facilitation style based on the dynamic explored in the pre-work, the facilitator should next consider bias. Facilitators play a crucial role in guiding the restorative justice process, but their own biases can affect the process and outcome and must be considered.
Facilitators are human; therefore, they come to the process with myriad experiences and may hold unconscious biases. This bias can affect how they perceive people who have harmed and people who have been harmed, leading to differential treatment. They may also unconsciously steer the conversation in a way that aligns with their assumptions and favors the perspective of one party over another. Bias can cloud judgment, affect decisions and influence outcomes in a way that is inauthentic to the premise of restorative justice and the wishes of participants.
To address bias, facilitators can engage in critical self-reflection by journaling, scripting their facilitation phrases and questions, and seeking feedback. Naming potential bias in advance can help the facilitator identify it when it comes up and plan a predetermined course of action. Additionally, having a co-facilitator can be helpful, as they can step in when a bias is triggered and steer the conversation back on course. Facilitators should also debrief sessions with other facilitators to ensure they are being fair and to gain tips and skills for better handle triggering situations in the future.
Considering Power Dynamics
While a facilitator’s role is considered neutral, this neutrality may not translate in the minds of the parties subject to the process. Indeed, while participants must voluntarily consent to participation in restorative justice practices, the process may feel mandatory to avoid a harsher alternative. A facilitator may, therefore, be seen as being in a position of power to determine the fate of the person who has harmed, and the desire to impress or convince the facilitator can undermine the intentions of the restorative justice process. A facilitator can mitigate this dynamic by encouraging the participants to take the lead on establishing core rules for engagement and clearly expressing their role in the process.
Furthermore, the facilitator should be mindful of the power dynamic between participants. Within the restorative justice space is a dynamic where one party is perceived as a victim, creating an inherent power imbalance. When one party holds significantly more power than another, it can skew the negotiation or decision-making process, leading to unfair resolutions. Additionally, power differentials may inhibit honest communication and prevent affected individuals from fully participating or feeling heard within the restorative justice process. The facilitator should, therefore, address those concerns and ensure the process is implemented for the benefit of all parties. To encourage participants to engage fully, facilitators can use “talking tools” to indicate who has the floor, use timers to ensure people have equal time to express themselves, and ensure they are transitioning appropriately between participants.
Restorative justice circles offer the opportunity for each party to bring people to support them as a part of the process; however, if one party has more people for support than the other, then the process can feel overwhelming and one-sided. The facilitator should ensure that an equal number of support persons is allowed to each party and that support people do not engage in the decision-making process – they are only there for the emotional support of their loved one. The facilitator must establish and enforce these boundaries for the benefit of all parties in the restorative justice process.
Striving for Culturally Responsive Restorative Justice
Culture plays a significant role in shaping people’s attitudes toward justice and conflict resolution. Communities may have distinct beliefs, norms and practices for addressing conflicts and understanding what constitutes justice. For example, some cultures prioritize communal harmony and collective well-being over a single punitive tactic, while others may emphasize individual autonomy.
Understanding cultural nuances is crucial for developing culturally responsive approaches to conflict resolution and understanding what participants from different backgrounds expect as an acceptable offer of resolution. A facilitator must be mindful of cultural understanding because differences may become explicitly clear as the restorative process ends and recommendations for the next steps are made. Facilitators should respect the terms that participants agree to, even if they do not align with the facilitator’s theory of justice, while striving to ensure fairness in consideration of equity and addressing power dynamics.
Lastly, facilitators must continue to develop cultural competence and recognize that cultural competence and respect for diversity are not synonymous. Cultural competence involves the ability to effectively navigate and interact with individuals from diverse cultural backgrounds, understanding their values, beliefs and communication styles. It goes beyond acknowledgment of diversity to actively incorporate cultural sensitivity and responsiveness into practices and interactions. Facilitators should actively seek out professional development opportunities and coordinate with other restorative justice practitioners to build these skills.
The restorative justice process prioritizes the healing of all parties involved in a conflict rather than focusing on the crime-and-punishment methodology that has defined our society’s idea of justice.
Effective facilitation lies at the heart of successful restorative justice practices. From fostering open communication and empathy to ensuring procedural fairness and accountability, facilitators play a pivotal role in facilitating meaningful dialogue across differences and promoting healing and reconciliation. In addition to cultural competence, among the key skills and qualities that facilitators must possess are active listening and impartiality; ongoing training and self-reflection to refine facilitation practices are also important. By embodying these qualities and strategies, facilitators can create safer and more supportive spaces for all participants to engage in dialogue, address harm and work toward meaningful resolution.
Facilitation approaches should be tailored to meet the diverse needs and contexts of participants. By embracing flexibility, adaptability and creativity, facilitators can ensure that restorative justice processes remain responsive to the unique circumstances and cultural backgrounds of those involved. The role of facilitators in restorative justice will continue to evolve and expand. Successful facilitation is an iterative process marked by continuous interrogation of positionality. By embracing research-based practices in facilitation, cultivating a deep understanding of the principles and values underlying restorative justice, and fostering collaborative partnerships within communities, facilitators can help realize the transformative potential of restorative approaches to justice.