Youth Victim-Offender Mediation

Jaclyn and Olivia had been friends since 8^th grade. During their junior year of high school Olivia got a car and, as one of the only people to have a car, often drove her friends to school and hang outs. Right before winter break, Jaclyn and Olivia were spending time at a friend’s house with a few other teenagers when Olivia got into an argument with another friend. Before long Jaclyn got into the argument as well and insulted Olivia. Olivia was angry, so she got in her car, turned it on, and locked the doors, intending to leave. Jaclyn thought that Olivia was only joking, and assumed she wouldn’t leave without giving Jaclyn a ride home, so she hopped on the trunk of the car to continue chatting with her friends.

Olivia put her foot on the gas pedal and in an instant Jaclyn was on the ground. At the time, no one realized how badly she had been hurt, so another friend gave Jaclyn a ride home and the group dispersed. Later that evening, when Jaclyn’s father returned from work, he found her demeanor strange and, after hearing about what happened, insisted on taking Jaclyn to the hospital. Doctors determined she had a concussion and had injured her arm falling off the car.

Jaclyn’s father called the police to report the incident and Olivia was arrested the following day. Olivia’s case was referred for mediation at the Center for Conflict Resolution. Jaclyn and Olivia participated along with their parents – Jaclyn’s dad, David, and Olivia’s mom, Val. The mediation was held 3 months after the incident had occurred and in that time Jaclyn and Olivia had not had much contact. Their parents had never spoken.

From the beginning of the mediation it was clear that David was very angry. When he had a chance to speak he railed against Olivia’s actions and repeatedly demanded that her driver’s license be taken away. The mediator asked questions and guided the conversation to determine what was motivating David’s anger. Soon they all came to learn the extent of Jaclyn’s injuries. While her leg had healed quickly, the concussion had been quite serious and Jaclyn had missed weeks of school. She was still struggling to catch up on her class work and continued to see a therapist for memory concerns.

The conversation was challenging for all four parties. Olivia insisted that she had not intended to hurt Jaclyn and therefore was unwilling to accept blame for her injuries. Val explained that Olivia had been punished for the incident – she no longer had a car and had been grounded for months.

The mediator used listening and reflective tools to help Olivia process what had occurred, working with her to separate intention from impact. Eventually, Olivia came to realize that although she had not wanted Jaclyn to get hurt her action had caused it to happen. Additionally, Jaclyn accepted some responsibility, acknowledging that she had been foolish to climb on the car.

By the end of the mediation everyone was speaking calmly. Through mediation they had a chance to vent their frustrations, explain their behaviors, and take responsibility. Val offered to contact her insurance to assist in any unpaid medical bills and she and David exchanged phone numbers and made a plan to connect in the coming weeks. Jaclyn and Olivia apologized to one another and agreed to put the matter behind them and move forward in their friendship.