Handbook on Restorative justice programmes

The dynamics of restorative justice interventions

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5.4 Addressing potential pitfalls
Those who develop or manage restorative justice programmes make take
various measures in order to alleviate some of the above-mentioned con-
cerns and to avoid the obvious potential pitfalls of a restorative process.
Generally, programmes have found effective strategies to address these
cautions and limitations.
The issue of power imbalances is particularly important in cases of
domestic and sexual violence. Facilitators must be very conscious of sub-
tle manipulation and intimidation of the crime victim by the offender
prior to, during and following a restorative process. Otherwise, there is a
high likelihood of re-victimization. This requires that facilitators receive
extensive training, not only on the principles and practice of restorative
justice, but also on the dynamics of violence, domination and power. As
well, facilitators should be trained in the art of ensuring that the dynamics
of the restorative meeting remain positive and non-threatening and that a
balance is maintained during the discussions.
In building on the restorative features of traditional justice practices and
customary law, specific attention must be given to the rights and interests
of vulnerable groups, including women and children.
Potential power imbalances and the likelihood of re-victimization can be
reduced through extensive preparatory work by the facilitator prior to 
the restorative meeting of the victim and the offender. A balance must 
be maintained at all times between addressing the needs of the offender
and those of the victim. And, with programmes such as circle sentencing,
the needs of the community, however that notion is defined, are also to 
be considered.
To manage these and other risks, it is important that specific attention be
given to the selection of participants for restorative processes and to the
preparation and organization of the meetings. This includes giving atten-
tion to the number and identity of persons invited to participate in the
session and ensuring the safety of the victim, the offender and other
participants.
As well, it is important that personnel involved in facilitating restorative
forums involving victims and/or offenders be very cognizant of the great
responsibility they are assuming in terms of the emotional and psycholog-
ical well-being of the participants. Personnel must be trained to recognize
signs that participants are experiencing anxiety or stress in the encounter
and to be prepared to halt the intervention if need be or refer them to serv-
ices for assistance.