Restorative Justice

By Jeanne Croteau, M.S., Psychology, Master TEFL Certified

Restorative justice is centered on a set of practices that aim to mend the harm caused by an incident and rebuild relationships among those involved. Here are some foundational practices typically employed in restorative justice frameworks:

• Facilitated dialogues: These are structured conversations, often referred to as “circles,” where all affected parties gather to discuss the incident. The process is guided by a facilitator who ensures that the dialogue is constructive and respectful.
• Conflict resolution: This involves direct engagement between the offender and the victim, allowing both parties to express their feelings and thoughts, understand each other’s perspectives, and mutually agree on how to repair the harm.
• Mediation sessions: Mediation is used to address conflicts before they escalate. It involves a neutral third party who helps the disputing parties find a solution that is agreeable to all involved.
• Community service: Oftentimes, part of the resolution involves the offender engaging in community service, which serves both as a means of making amends and as a learning experience to foster better community relations.
• Restorative conferences: These are formal meetings that include not just the victim and the offender but also family members, school staff, or community representatives, depending on the context. The conference aims to work out how the offender can make amends and how the community can support the recovery process.
• Support and reintegration: Following an incident, there’s a focus on supporting both the victim and the offender. For the offender, the aim is to reintegrate them into the community or school, ensuring they have the support needed to avoid future conflicts.

The effectiveness of these practices depends on the commitment of all participants to the principles of honesty, respect, and mutual concern.

Restorative Justice Tier I: Prevention

The first tier is all about community building as a preventive measure. Teachers or peer facilitators can lead students in circles of sharing, where kids open up about their fears and goals. Students play an integral part in creating the climate of Tier I. The teacher and students start the year by creating a classroom-respect agreement. Everyone agrees to be held accountable. The contract is an extremely effective way of maintaining harmony in the classroom.

Restorative Justice Tier II: Intervention

Tier II comes into play when students break rules and someone has caused harm to someone else. In traditional justice, this is when punishments are meted out. Restorative justice instead turns to mediation. The offending student is given the chance to come forward and make things right. They meet with the affected parties and a mediator, usually a teacher.

The mediator asks nonjudgmental, restorative questions like What happened? How did it happen? and/or What can we do to make it right? Through their discussions, everyone learns about what happened, why it happened, and how the damage can be fixed.

Restorative Justice Tier III: Reintegration

Tier III aims to help kids who’ve been out of school due to suspension, expulsion, incarceration, or truancy. Returning to school life can be a real challenge in those cases. Many students in traditional environments quickly re-offend or drop out again. Restorative justice practices seek to reduce this recidivism by providing a supportive environment during re-entry from the start. They acknowledge the student’s challenges while promoting accountability and achievement.

What are the potential benefits of restorative justice?

A major concern that some teachers may have when considering the implementation of restorative justice in the classroom is that it sounds like a lot of work. The truth is that it is a lot of work—especially when you’re just starting out. Like many things in life, though, the effort will be worth it.

Many teachers and administrators who use these programs say the benefits far outweigh the effort. Here are some potential positives of implementing restorative justice in the classroom:

• Improved behavior and reduced recidivism: Restorative justice practices focus on accountability and making amends, which helps students understand the impact of their actions. This approach has been shown to reduce repeat offenses and improve overall student behavior​.
• Enhanced relationships: By promoting dialogue and mutual understanding, restorative justice fosters stronger relationships between students and teachers. This improved relational dynamic can lead to a more supportive and cohesive school community​.
• Positive school climate: Implementing restorative practices helps create a more inclusive and respectful school culture. This environment is conducive to learning and personal growth, as students feel safer and more valued​.
• Academic improvement: Schools that adopt restorative justice practices often see improvements in academic performance. This is partly because students who are not subjected to punitive measures like suspensions can spend more time in the classroom, engaging with their education.
• Conflict-resolution skills: Restorative practices teach students valuable conflict-resolution and communication skills. These skills not only help in school but also prepare students for constructive interactions in their personal and future professional lives.

What are the drawbacks of restorative justice in schools?

For restorative justice to work, engagement from all involved parties is required. If the offender isn’t willing to take responsibility and make meaningful restitution, the program can’t help. Schools using this system find they still need traditional disciplinary actions available for circumstances like this.

More than this, restorative justice in schools requires a pledge of time and money from the district and its administration. There are multiple examples of schools that set aside funds to implement the program but leave the money unspent. Other districts encourage teachers to use restorative discipline but provide little or no training or support. And busy teachers are understandably leery of trying yet another program that’s supposed to solve all their problems.

“To mitigate this, don’t be afraid to start small—with pilot programs or opt-in trainings for staff who are interested or lower-stakes elements of the discipline system,” says Napleton. “Identify what the hottest-button issues might be (like suspensions) and save those for year two or three of the work—don’t feel the need to take those on right away. Build some momentum with some wins.”