Qualifications and trainings for mediators in Germany

1
Qualifications and trainings for mediators in
Germany

• General overview
• Legal framework
• Training courses by the VOM service office

2
General overview

• Restorative justice in Germany is mainly VOM
  according to the current practice
• The criminal law regulates only the referral
  conditions and the impact of VOM in the
  sentencing and diversion process.
• The organization of VOM in Germany is very
  fragmented

3
Legal framework - overview

• TOA (VOM) in its legal sense means an effort to
  achieve reconciliation with the victim ( 46a
  StGB) and does not necessarily require mediation.
  Therefore
• There are no legal provisions for the mediative
  process itself.
• The necessary qualifications of mediators are not
  regulated by law.
• Also the kind and quality of institutions that
  can offer VOM is not legally regulated.
• The constitution (Art. 28 II GG) leaves the
  organisation of social wellfare for children and
  juveniles including the juvenile court aid in
  the hands of the communities. Therefore the
  communities are entit-led to organize and fund
  VOM according to their own views and priorities.
• The organization of VOM/RJ for adult offenders is
  in the hands of the 16 federal states of Germany
  (Art. 30 GG).
• The central state partly finances the Service
  Office for VOM and the Federal VOM-Statistics.

4
Some milestones in training and evaluation

• Since 1992 the service office organizes training
  courses for mediators
• In 1993 the Federal VOM Statistics was
  introduced as a standardised evaluation
  instrument on a voluntary basis
• Since 1994 the service office publishes VOM
  Standards
• Participation of victims and offenders has to be
  voluntary
• Victim and offender have to be informed about VOM
  in a trustworthy and comprehensive way. They must
  not become pressed or manipulated to accept VOM
• The evidence against the offender has to be
  cleared
• The victim should be a natural person
• Communication in the mediation process should be
  confidential
• Justice and magistrates should leave the way and
  kind of settlement in the hands of victims and
  offenders
• In 2005 the service office has introduced an
  auditing procedure with a stamp of quality for
  institutions that fulfil the VOM standards
  completely.

5
RJ in practice some data

• There are about 250 institutions that offer VOM
• According to the last assesments of the Service
  Office we have about 20.000 to 30.000 VOM cases
  each year.
• The mediators are mainly social workers with an
  university degree that have passed the training
  courses of the service office. Some institutions
  also work with trained volunteers.
• Since 1992 about 1200 mediators have passed the
  qualification course of the Service Office.
• From time to time additional trainings and
  workshops for experienced mediators are offered
  by the Service Office.

6
TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS

• Scope
• One year course usually aside practical work as a
  mediator.
• It comprises
• four 3-day sections (workshops)
• one 4-day section (professional days, final
  section),
• four 1-day, self-organised meetings of the
  working groups (each with max. 18 participants)
• The final colloquium is integrated into the 4-day
  section.

7
TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS

• Content
• Section 1 workshop solving conflicts
• Section 2 joint seminar fundamental principles
  of conflict counselling
• Section 3 workshop process of communication
  within mediation
• personality and role of the mediator
• Section 4 workshop special methods / difficult
  case constellations
• Section 5 workshop deepening, evaluation and
  final colloquium
• Four self-organized meetings of the working
  groups
• They take place between sections 2 and 4.
• Their main purpose is to discuss cases from the
  practical work of the participants.
• The cases and discussions have to be documented.

8
TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS

• Final paper
• documentation of two cases the participant has
  worked on
• corresponding minutes of consultation by the
  working group leaders,
• Final colloquium
• discussion of the most important topics resulting
  from the final papers,
• feedback on the one-year co-operation by the
  leaders of the respective working groups.

9
TRAINING COURSE FOR MEDIATORS IN PENAL MATTERS

• Prerequisites of the certificate
• attendance of the sections
• participation in the working group meetings
• completition of a final paper
• participation in the final colloquium
• consent of the leaders of the respective working
  group
• full payment of the course fees
• Qualification of working group leaders
• qualified educationalists, social workers or
  similar degrees
• certificate as a mediator in penal matters
• several years of practice and experience in VOM
• experience in the leadership of working groups