CALIFORNIA STATE UNIVERSITY SACRAMENTO

DIVISION OF SOCIAL WORK

SWRK 215Lynn B. Cooper

Mediation and Restorative Justice inMariposa Hall 5021
Social Work 278-7162

Fall 2011

This seminar examines the principles, policies, goals and practice of mediation and restorative justice in terms of social work practice.In 1992 NASW established Standards for Social Work Mediators, since then mediation and, more recently,restorative justicehave been increasingly recognized as essential for those working in the adult and juvenile criminal justice systems, especially with victim offender programs, youth offenders, neighborhood justice centers, family court, child welfare, schools, and community dispute resolution centers. Studies have found that those involved in mediation and/or restorative justice meetings/conferences as both participants and providers,express high levels of satisfaction with both the process and the outcome. This holds true at all levels of social work practice,with individuals, with groups, communities, and large organizations. Mediation is recognized by NASW as an explicit social work method. The class is experientially based, students will be expected to participate in weekly class exercises and role plays.

The seminar is designed to provide students with the knowledge and practice skills of mediation and restorative justice needed to work effectively with individuals as both clients and providers of services,as well as within various institutions,systems and communities

The seminar will give a basic understanding of: the role of social workers in the field of mediation and restorative justice; core theoretical bases and principles and skills of mediation and restorative justice; a social work model for mediationand restorative justice; uses of mediation and restorative justice in macro and micro social work settings; and challenges in social work to mediation and restorative justice. At the end of the semester students will:

  • Understand the historical development of mediation and restorative justice in general and specifically within the social work profession;
  • Understand mediation and restorative justice as social work practice methods;
  • Understand the power of dialogue, peacemaking, and transformation as distinct from problem solving.
  • Have the knowledge and skills needed to successfully develop and participate in mediation and restorative justice with individuals, institutions, systems and communities;
  • Demonstrate an understanding of power and power differentials related to gender, race, ethnicity, religion, national status, age, ability, language and socioeconomic status and the influence on mediation and restorative justice practices;
  • Demonstrate an understanding of common strategies for resolving conflicts between individuals, within families, between groups, in the work place and institutional settings, and within communities.

Course Readings

Cooper, L.B. (2011). Handouts from Instructor

Readings posted on SacCT

Kruk, E. (Ed.) (1997). Mediation and conflict resolution in social work and the
human services.Chicago: Nelson-Hall Publishers.

Umbreit, M.S., Vos, B., Coates, R., B., Brown, K. A. (Editors), (2003).
Facing violence: The path of restorative justice and dialogue.Monsey, NY:
Criminal Justice Press.

Zehr, H. (2002). The little book of restorative justice. Intercourse, PA: Good
Books.

Course Requirements

  1. Lead a small group discussion on the assigned readings (50 points). Students will be assigned responsibility for leading a discussion of the week’s readings.On the assigned day, selected students will turn in an outline with the following information about the week’s readings:Do not comment on each individual article
  2. Key themes;
  3. New and challenging ideas;
  4. Connections between the week’s readings and previously assigned class readings;
  5. Specific relevance of the readings to social work practice (micro, mezzo, macro);
  6. Additional questions/concerns.

This assignment will be discussed in class.

  1. Take one social action to stop violence(attend a rally or demonstration, write a letter to the editor, Congressperson, etc.) (50 points)Turn in a description of the action that you have taken. Explain why you selected it, what you hope to accomplish with this action, and how mediation or restorative justice could make a difference in stopping violence. If you write a letter, turn in a copy of the letter along with your explanation. Due Week 6.
  1. Write a paper focusing on how the principles of mediation and restorative justice can be applied to a situation in either your field placement or a workplace setting. Include a discussion of how could the conflict have been handled differently, and how the situation was resolved. Refer to the course readings in your paper. This paper will be discussed in class. Due Week 15.) (100 points)
  1. Actively engage in class role plays and mediation exercises. (50 points)

250-225=A, A-; 224-200=B+, B, B-; 199-175=C+, C, C-; below 174=F

ADA Provisions

Students who have a learning disability or experience other reasons that might interfere with their ability to complete the class requirements, need to make an appointment and discuss this with the instructor. Students with documented learning difficulties can obtain special accommodations for course materials, testing facilities, and equipment by contacting the Office of Services to Students with Disabilities (SSWD) for coordination of academic accommodations. The SSWD is located in Lassen Hall, Room 1008. Their phone number is 916-278-6955 (voice) or 916-278-7239 (TDD).The instructor should be advised of these accommodations so as to better assist the student with his/her learning need

Ethical Practice

As developing social work professionals, it is expected that you are familiar with and adhere to the NASW Code of Ethics. This code for professional behavior and conducts should guide your actions in class and in the field agency setting. Ethical violations (e.g., disrespect for colleagues) may result in failure of this course, particularly if the instructor or the field instructor has previously advised a student of the violation(s).

Plagiarism: Plagiarism is a form of cheating. At CSUS plagiarism is the use of distinctive ideas or works belonging to another person withoutproviding adequate acknowledgement of that person’s contribution. Regardless of the means of appropriation, incorporation of another’s work into one’s own requires adequate identification and acknowledgement. Plagiarism deprives the author of rightful credit and gives credit to someone who has not earned it. Acknowledgement is not necessary when the material used is common knowledge. Plagiarism at CSUS includes but is not limited to:not only word-for-word copying, but also the "mosaic" (i.e., interspersing a few of one’s own words while, in essence, copying another’s work), the paraphrase (i.e., rewriting another’s work while still using the other’s fundamental idea or theory); fabrication (i.e., inventing or counterfeiting sources), ghost-writing (i.e., submitting another’s work as one’s own) and failure to include quotation marks on material that is otherwise acknowledged; and representing as one’s own another’s artistic or scholarly works such as musical compositions, computer programs, photographs, paintings, drawing, sculptures, or similar works.

Writing Style: Other than those specified in the assignment requirements, apply the basic APA (American Psychological Association) style for all written assignments both in the main text and in citing references. Copies of the APA manual are available in the library. All written assignments should be typeddouble-space, using a 12 point font. They must be mechanically and stylistically acceptable. Serious deficiencies in areas such as spelling, punctuation, sentence structure, and coherent organization will result in lower grades. See the following APA tutorial for citations.

Sample references:

Always keep a copy of the papers you turn in.

Course Syllabus

Week 1September 1Introduction and overview of seminar; historical
perspective on mediation and restorative justice

Readings:

In Kurk, Appendix. NASW. Standards of Practice for Social Work Mediators.

Week 2 September 8Theories of powerand theories of conflict

Readings:

In Kruk, Chapter 1 (Introduction).
SacCt:
Kropf, N. P. (2011). Justice, restoration, and social work. In E. Beck, N. P. Kropf, P. Leonard Blume. (Eds.), Social work & restorative justice. Skills for
dialogue, peacemaking, and reconciliation. (pp.15-30) NY: Oxford Press.

Week 3September 15Mediation

Readings:Start Umbreit, M.S., Vos, B., Coates, R., B., Brown, K. A. (Editors).
(2003).Facing violence: The path of restorative justice and dialogue.
Complete by 9/29
SacCT:

Harper, C. (2006). Mediator as peacemaker: The case for activist
transformative-narrative mediation.University of Missouri
Journal of Dispute Resolution, 595-618.
Garcia, A.C., Visa, K., Whitaker, S.P. (2002). Disputing neutrality: A
case study of a bias complain during mediation. Conflict Resolution
Quarterly, 20(2), 205-231.

Weeks 4 and 5September 22/29 Models of mediation; skills building

Readings:

Continue reading Umbreit et al. (2003). Facing violence. Complete by 9/29

Wemmers, J-A., Cyr, K. (2005). Can mediation be therapeutic for crime
victims? An evaluation of victims’ experiences in mediation with young
offenders. Canadian Journal of Criminology and Criminal Justice, July,
527-544.

Guest Speaker:Professor Ernest Uwaziee (9/22)
Division of Criminal Justice

Director Center for African Peace & Conflict Resolution

Video: Opening Statement

Week 6October 6Restorative Justice; skills building
Readings:

Zehr, The little book of restorative justice.

SacCT:
Umbreit, M.S. Coates, R.B., Vos, B. (2007). Restorative justice dialogue: A
A multi-dimensional, evidence based practice theory. Contemporary
Justice Review, 10(1), 23-41.

Van Wormer, K. (2003). Restorative justice: A model for social work practice with
families. Families in Society, 84(3), 441-448.
Case Study/Role Play

Film: Long Night’s Journey Into Day (95 minutes)

Week 7October 13The adult criminal justice system

Readings:

In Kruk, Chapter 16(Victim-offender mediation)

SacCT:

Umbreit, M. S. (1993). Crime victims and offenders in mediation: An emerging
area of social work practice. Social Work, 38(1), 69-73.

Wright, M. (1998). Restorative justice: From punishment to reconciliation-The
role of social workers. European Journal of Crime, Criminal Law and

Criminal Justice, 6(3), 267-281.

Guest Speaker:Jaimee Karroll

Insight Prison Project

Week 8October 20The juvenile justice system

Readings:

SacCT:

Abrams, L.S., Umbreit, M., Gordon, A. (2006). Young offenders speak about
meeting their victims: Implications for future programs. Contemporary
Justice Review, 9(3), 243-256.
Baffour, T. (2006). Ethnic and gender differences in offending patterns:
Examining family group conferencing intervention among at-risk
adolescents. Child and Adolescent Social Work, 23(5/6), 557-578.

Video: Meeting with a Killer

Week 9October 27Family conflict: Divorce and custody; domestic
violence
Readings:

In Kruk, Chapters 2 (couples and family disputes), 3 (divorce), 4 (parenting disputes in divorce), 5 (stepfamilies), 6 (Parent-child) Students will be assigned specific chapters to report on to class.

SacCT:

Flynn, D. (2005). The social workers as family mediator: Balancing power in
cases involving family violence. Australian Social Work, 58(4), 407-419.

Smith, J., Ross, H. (2007). Training parents to mediate sibling disputes affects
children’s negotiation and conflict understanding. Child Development,
78(3), 790-805.

Case Study/Role Play

Week 10November 3Family conflict: Parents and Children;
CPS
Readings:

In Kruk, Chapters 7 (child protection) and 8 (adoption).

SacCT:
Ashford, J.B., Faith, R.L. (2004). Testing models of justice and trust: A study
of mediation in child dependency cases. Social Work, 28(1), 18-27.

Daly,K., Nancarrow, H. (2009). Restorative justice and youth violence toward
parents. In J. Ptacek (Ed.) Restorative Justice and violence against
women. NY: Oxford Press.

Waites, C., MacGowan, M.J., Pennel, J., Carlton-LaNey, I., Weil, M. (2004).
Increasing the cultural responsiveness of family group conferencing.
Social Work 49(2), 291- 300.

Case Study/Role Play

Guest Speaker: Karrie Biehle, MSW

Child and Family Policy Institute

Weeks 11 & 12November 10/17Mediation in different settings

Readings:

Kruk, Chapters 9 (aging), 10 (health care settings), 11(mental health) (read for 11/10)

Kruk, Chapters 12 (disabilities), 14 (education) (read for 11/17)

SacCT:

Kurtz, S., Stone, J.L., Holbrook, T. (2002). Clinically sensitive peer-assisted
mediation in mental health settings. Health and Social Work, 27(2), 155-
159.(11/10)

Hopkins, B. (2002). Restorative justice in school. Support for Learning, 17(3),
144-149.(11/17)

School-basedrestorative justice as an alternative to zero-tolerance policies:
Lessons from West Oakland.(2011).READExecutive Summary.(11/17)

Video of RJ program at Cole Middle School:

Video: Adult Guardianship Mediation: An Introduction (The Center for Social Gerontology)

Guest Speaker: Nettie Pardue (Nov 10)
Director of Programs

Outward Bound Center for Peacebuilding
outwardboundpeace.org

Mary Struhs, MSW (11/17)
Learning Support Services Coordinator
Hiriam Johnson High School

Case Study/Role Play

Week 13November 24THANKSGIVING

Week 14December 1Large group community mediation; Workplace
issues

Readings:

In Kruk, Chapter 13 (community mediation); Chapter 15 (workplace harassment)

SacCT:

Dzur, A., Olson, S. (2004).The value of community participation in restorative
justice. Journal of Social Philosophy,35(1), 91-107

Case Study/Role Play

Guest Speaker: Susan Sherry, MSW

Executive Director

California Center for Collaborative Policy

Week 15 December 8Mediation, Restorative Justice and social
change
Readings:

In Kruk, Chapters 17 (social policy), 18 (intercultural disputes)
SacCT:
Daly, K. (2003). Making variation a virtue: Evaluating the potential and limits of
restorative justice. In Weitekamp, E. G. M., Kerner, H-J. Restorative
justice in context. International directions and practices.UK: Willan
Publishing.
Video: As we forgive

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