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If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding victim and offender mediation is brought to you as a public service by the lawyers of the State of Oregon. The following explanation generally describes the process of mediation in criminal cases in state courts. However, some counties do not have mediation of criminal cases, and the counties that do may have different procedures. You should read those local county rules, if any exist, or talk to an attorney, the district attorney, juvenile court personnel, your local victim offender mediation program or the Oregon Dispute Resolution Commission for more information. The material presented is intended to alert you to possible legal problems and solutions
What is victim and offender mediation?
Victim and offender mediation is an opportunity for the victims of criminal incidents to come face to face with the offender in the presence of a trained mediator to discuss the incident and, when appropriate, to negotiate an agreement for restitution. Participation in mediation is voluntary. Mediation benefits victims, offenders, the courts and citizens. Victims are empowered by confronting the offender. They can express their anger, address their losses and have a voice in determining restitution. Offenders will witness the emotional and financial harm they have caused the victim, and have the opportunity to apologize for their actions. Once a restitution contract is determined, the offender can fulfill the agreement by performing the contract terms successfully. Victim and offender mediation focuses the offender’s attention on the values at stake and offers the offender the opportunity to take responsibility for the crime. As volunteer mediators in community victim offender mediation programs, citizens are involved in reducing crime and in helping to keep their community safe and livable
Types of cases typically referred?
Typical cases referred to mediation include misdemeanor and felony property crimes such as unauthorized use of motor vehicle, burglary, theft, criminal trespass, and criminal mischief. Lower level assaults may also be referred. However, mediation programs across the state vary as to which cases they take or exclude, and whether they address crimes committed by juveniles and/or adults
Mediators
The role of a mediator is to facilitate communication between the parties involved in the incident. Mediators are not judges, counselors, or decision-makers for the parties. Mediators are neutral and have no investment in the outcome of the mediation. Mediators do not provide legal advice, even though some mediators may be practicing attorneys. Mediators are members of the community – professionals, non-professionals, retired - interested in empowering people to resolve conflict in a meaningful way in a safe environment. Mediators are required to have at least 30 hours of basic mediation training that meets the standards and practices of the Oregon Dispute Resolution Commission, and may have advanced training in victim and offender mediation. Continuing mediation education courses are offered regularly
Request for Services:
Offenders, both juvenile and adult, may be referred by the court, the district attorney, or the juvenile court counselor, at any stage in the adjudication process. Referrals are screened for appropriateness, the parties are contacted and a face-to-face- mediation is scheduled if all parties are willing to participate. With the consent of the participants, other persons with an interest in the controversy may be included in the mediation. Programs vary as to whether staff or volunteers conduct the case development and the degree of contact with parties before mediation.
For information about the victim offender mediation program in your area, please call the Oregon Dispute Resolution Commission at 503-378-2877.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.