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Helen M Flanagan 1 RESTORATIVE APPROACHES in LANCASHIRE 3 Day Restorative Justice Conference Facilitator Training Helen Flanagan : 07500884057 Keith Dickinson Email: [email protected]

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Page 1: RESTORATIVE APPROACHES in LANCASHIRE Approaches... · Helen M Flanagan 1 RESTORATIVE APPROACHES in LANCASHIRE 3 Day Restorative Justice Conference Facilitator Training Helen Flanagan

Helen M Flanagan 1

RESTORATIVE APPROACHES in LANCASHIRE

3 Day Restorative Justice Conference Facilitator Training

Helen Flanagan : 07500884057

Keith Dickinson

Email: [email protected]

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Helen M Flanagan 2

Schedule Day 1

� 08:45 Registration and coffee� 09:00 Introductions� 09:20 Session 1:What, why and how?� 10:45 BREAK� 11:15 Session 2: Doing the right thing� 12:00 Session 3: Conference Process and Preparation� 13:00 LUNCH� 13:45 Session 4: The Unscripted Model� 14:30 Session 5: The Scripted Model� 15:00 Session 6: Facilitation Practice Exercises� 15:30 Session 6: DVD and Close

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Helen M Flanagan 3

Helen M Flanagan 2007 3

Introductions

� Work in pairs

� What excites about working with young people?

� What book have you read that has affected you and that you would recommend to young people?

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Helen M Flanagan 4

EDUCATION

“ Perhaps the most valuable result of all education is the ability to make yourself do the thing you have to when it ought to be done, whether you like it or not.

It is the first lesson that ought to be learned; however early a person’s training begins, it is probably the last lesson that is learnt thoroughly”

Thomas H Huxley

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Helen M Flanagan 5

You can expect that we will …..

�Be energetic�Stay on track�Help you to learn conferencing and related

restorative practices�Treat you with respect�Be approachable�End sessions on time�Observe F.R.E.S.H (Fair, Respect, Engage, Safe, Honest)

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Helen M Flanagan 6

We expect that you will ……

�Readily volunteer for facilitation practice exercises and participate constructively

�Quickly form groups�Be open to new ideas and accepting of

others views�Attend all sessions and be prompt�Turn off pagers and mobile phones�Complete evaluation on Day 3�Observe F.R.E.S.H

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Helen M Flanagan 7

Three Pillars of Restorative Approaches

HARMS

AND

NEEDS

OBLIGATIONS

ENGAGEMENT

Rebuild

Restore Reconnect

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Helen M Flanagan 8

Restorative Justice and Restorative Approaches

�“Restorative justice is a philosophy and ought to guide the way we act in all our dealings”

�Justice means: ‘justice’ for all in any circumstance”

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Helen M Flanagan 9

Restorative Justice and Restorative Approaches

� “Restorative justice and restorative approaches focus on harm and actively seek ways of repairing that harm

� They help create dialogue and communication� They are fair, open, honest; treating all participants

with respect� Within a safe environment they will allow all

participants to engage, learn and gain a shared understanding

� This should lead to accepting responsibility, reparation, reintegration, restoration, behavioural and cultural change

(TVP Restorative Justice Consultancy 1996-1999)

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Helen M Flanagan 10

Our Aimsin Restorative Approaches

� To better educatestudents towards self-directed right behaviour

� To better promote, nurtureand protecthealthy relationships among members of the community

� To better hold students accountable for the real consequencesof wrongdoing

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Helen M Flanagan 11

We operate restoratively by…

� Having high expectations and insisting on high standards of behaviour

� While providing high levels of support and care for individuals

…being firm, but fair…

� Focussing on restoring any harm done, and using an incident primarily as a ‘teachable moment’

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Helen M Flanagan 12

This involves…

� Clearly articulating and reinforcing expectations

� Adhering to fair processin all cases of conflict and wrongdoing

� Recognising that wrongdoing primarily – and perhaps most importantly –

causes harm to relationships, and that this harm must be repairedin order to move forward

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Helen M Flanagan 13

A continuum of responses

INFORMAL

FORMAL

Affective statements

Affective questions

Restorative ‘chat’

Small impromptu conferencePeer Restorative Enquiry

Circles or classroom conference

Formal conference

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Helen M Flanagan 14

AFFECTIVE STATEMENTS

�Related to the PARADIGM SHIFT

TYPICAL RESPONSE

Stop teasing Peter

Talking during class is wrong

You shouldn’t do that

Sit down and be quiet

I don’t want to see you fighting with Alice

AFFECTIVE STATEMENT

I feel uncomfortable when I hear you teasing Peter

I feel frustrated that you aren’t listening to meI feel sad when you do that……

I feel cross when you won’t sit down witheveryone elseI was disappointed and shocked when youhurt Alice

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What is conferencing?

� Conferencing offers a structured intervention by trained neutral facilitators to help participants to understand each other, find resolutions to issues causing conflict and repair harm.

� Conferencing always takes place in safe environment that allows all taking part to engage with the process

� Participants are given the opportunity to openly state their views, listen to others and acknowledge their views

(TVP Restorative Justice Consultancy 1996-1999)

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What is conferencing?

� Through flexible use of conferencing, facilitators are able to control the structured process without controlling those taking part

� This allows the participants to freely express themselves and seek ways of repairing the harm done and making reparation

(TVP Restorative Justice Consultancy 1996-1999)

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C/FC/FC/FC/F

HHHH

SSSS

CCCC

WWWW

WSWSWSWS

SOSOSOSO

Restorative Conferencing

C/F: Chair /FacilitatorH: Harmed PersonS: SupporterC: ColleagueSO: Significant OtherWS: Wrongdoer supportW: Wrongdoer

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Helen M Flanagan 18

C/FC/FC/FC/F

HHHH

SSSS

CCCC

WWWW

FFFF

SOSOSOSO

C/FC/FC/FC/F

HHHH

SSSS

CCCC

WWWW

FFFF

SOSOSOSO

Restorative Conferencing

problems Outcome

agreement

Collaborative success

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Helen M Flanagan 19

Typology of Restorative Justice Practices

Family group conferences

Community group conferences

Healing circles

Related community service

Youth aid panels

Reparative boards

Victim positivitytraining

Victim restitution

Victim-offendermediation

Victimlessconferences

Therapeuticcommunities

Victim support circles

Victim services

Crime compensation

Victim reparationCommunities of carereconciliation

Offenderresponsibility

Offender family services

Family-orientated Social work

Fully restorative

Mostly restorative

Partly restorative

Not restorative

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Helen M Flanagan 20

What conferencing is not

�Advocacy-which aims to speak on behalf of one party.

�Arbitration- facilitators do not prescribe solutions or options for agreement.

�Counselling

�Guidance

�Advice giving

� Investigation or interviewing

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Helen M Flanagan 21

‘Conferencing Overview’

Leads to satisfaction

for Participants and

Safer Communities

Promotes learning & acceptance of responsibility

Encouragingappropriatebehaviouralchange

Conferencing(Safe Environment)

Engagesparticipants withdignity and respect

Generatesthinking and feeling responses

Ventilates emotions throughlistening & acknowledging

Leads to a sharedunderstanding

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Helen M Flanagan 22

Activity: Harm

�Form 2 groups

�Group 1: What do you need when you have caused harm?

�Group 2: What do you need when you have been on the receiving end of harm?

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Helen M Flanagan 23

Paradigm Shift

What’s happened?

Who started it?

What sanction will I use to punish and deter others, future repeat behaviour?

What does my Behaviour Management Policy tell me to do?

What’s happened?(from each person’s perspective)

Who has been harmed?/ affected? How?(emphasis on harm and feelings)

How can the harm be repaired by those affected?(empowerment and ownership)

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Helen M Flanagan 24

Traditional and Restorative Justice Systems

Traditional

� When rules have been broken, sanctions must be applied

� A belief that discipline = punishment = justice, and that punishment will change behaviour and achieve compliance

� [A belief that] punishment is the best form of deterrence, it is important to send a clear message to the school community

� There is pressure for a quick fix, therefore some penalties are an administrative convenience

� Justice is seen to be done through punitive sanctions meted out by administrators often far removed from the incident

� Those affected by the behaviour are often excluded from decisions about how to respond”

Restorative

•its central focus is on people and relationships• that it was a philosophy rather than just a model•the coherent nature of the philosophy• it is an educative approach• it is respectful of the dignity of all concerned• that it provides a positive focus

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Helen M Flanagan 25

“Too rapid an escalation to punishmentrisks making young people more angry

than thoughtful”

Braithwaite, J. (1989) Crime, Shame and Reintegration. New York: Cambridge University Press

Problems with the ‘traditional’ approachSchools have traditionally adopted a ‘quasi-judicial’ approach to the management of student misconduct…

•wrongdoers aren’t really held accountable •often doesn’t involve those most affected•wrongdoing is seen as ‘breaking the rules’•threat of punishment doesn’t effectively deter •doesn’t best encourage right values•doesn’t effectively change behaviour

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“ Be not ashamed of mistakes and thus make them crimes”

CONFUCIUS

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Four Key Elements

� Social Discipline Window

� Fair Process

� Restorative Questions

� Free Expression of Emotion

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Social Discipline Window

ControlControl

SupportSupportLowLow HighHigh

HighHigh

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Social Discipline Window

ControlControl

SupportSupport

ToToAuthoritarian

Stigmatising

Punitive

WithWithRespectful

Collaborative

RestorativeRestorative

NotNotIndifferent

Passive

Dangerous

Neglectful

ForForProtective

Permissive

LowLow HighHigh

HighHigh

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� In which box do you typically practice?

�How could the Social Discipline Window be used to influence your organisations policies on inclusion and behaviour management?

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Am I a ‘with’?

“ There’s only one corner of the universe

that you can be certain of changing

and that’s your own”

Aldous Huxley

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CONNECTION: 3 Cs

�CONNECTION: moving from beyond yourself, your ego or personality towards something bigger both within or outside you

�COMPASSION: Softening towards yourself and others by ‘feeling with’; a sense of belonging

�CONTRIBUTION: Being of unselfish service to others

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1st C is Connection

�When people feel connected to something beyond themselves

�Anything that gives one an experience of the ‘bigger self’ or what is beyond the limited personality

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Seven Pathways through CONNECTION

� We sometimes use the word ‘religion’ when we think of connecting

� Religion: from the Latin Re-ligare, to reconnect

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1. Connection to the soul, deeper self, spirit

2. Connection through the body

3. Connection to another

4. Connection to community

5. Connection through nature

6. Connection by participating in making or appreciating art

7. Connection to the Universe or higher power, God or Cosmic consciousness

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CONNECTION SELF-AUDITPaired work

� Here are some areas to examine and questions to consider regarding Connection

1. Do you feel connected to something bigger than your own concerns?

2. Where do you find opportunities to connect…. To others, yourself?

3. Is there ample opportunity in your life to reconnect with something bigger when you are feeling depleted or challenged? Do you connect through one of the seven pathways? Share which one.

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Connection to Nature

�Children diagnosed with ADHD were more calm, more focussed and more able to follow directions after spending time in a ‘green’setting.

Kuo / Faber Taylor, A Potential Natural Treatment for ADHD: Evidence from a National Study, American Journal of Public Health 2004

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Connection to Nature

�Post operative patients with rooms overlooking deciduous trees healed more quickly and had less need for pain relief

�Dental patients who stared at a large mural of a natural scene had less anxiety and lower bolld pressure

Frumkin, Howard, American Journal of Preventative Medicine 2001

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Connection through Art

“ There’s something that happens from time to time. I guess you’d call it inspiration. It’s a connection with the source of all ideas. Some people call it, it’s the source…. You’re sitting at a piano or your keyboard, computer, canvas or camera and things just click. They’re coming through you. You feel it when that happens.”

Carole King, songwriter

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CONNECTING: Values, Skills, Interactions

VALUES

SKILLS

INTERACTIONS

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CONNECTING: Values, Skills, Interactions

Effective listening vocal skillsResilience Awareness of body lang.

Timing Empathy Rapport NutureSelf control Involvement Caring

Emotional literacy Diffusing situations Choices Effective communications

Restorative ChatAffective conversations

Consistency Mutual respect Tolerance BeliefEffective communication Shared commitment

Truth Honesty Respect for the purpose Empathy Sincerity Team spirit Ownership GenuinenessShared responsibility Valuing each other

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BREAK

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Different Ways of Seeing Things

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Why do most people do the rightthing most of the time?

Gather the group’s ideas / thoughts, discuss and rank the reasons from the greatest to the least important.

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Doing the right thing

“ I have gained this by beliefs: that I do without being commanded, what others do only from fear of the law”

ARISTOTLE

� Personal morality

� Peer opinion (more serious crimes)

� Deterrents ( fear of being caught)

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Doing the right thing

� People focus on ‘fair process’

� ‘If the procedures are fair, people think they will receive positive outcomes’

‘Why People Obey the Law’ Tom Tyler (1990)

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Doing the right thing

� ‘ in evaluating the justice of their experiences they consider factors unrelated to the outcome, such as, whether they had:

� The chance to state their case

� Been treated with dignity and respect’

‘Why People Obey the Law’ Tom Tyler (1990)

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Empathy

�“The fundamental people skill”Daniel Goleman

�People who are empathic are more attuned to subtle social signals that tell us what others need and want.

�Builds on self awareness

�Builds living, communicative relationships

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Empathy

� Temperament is not destiny� Emotions can be learnt� Emotions are encouraged through modeling of

appropriate responses� Empathy leads to the development of the 5 keystones of

relating to others:

Self awareness Managing EmotionsMotivating oneselfRecognising Emotions in OthersHandling Relationships

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CONNECTIVE RITUALS

�Repetitive activities that connect one to oneself and others

� In a conference the ritualistic repetition of the questions for everyone

�Linking / hooking into feelings and affects

�Asking all how to repair the harm

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The Conference: the beginning of the journey

“ The future is not some place we are going to,

but one we are creating. The paths are not

to be found, but made; the activity of making

them changes both the maker and the

destination”

John Schaar

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Relational Questions

� What happened?� What were you feeling / thinking at the time?� What do you think / feel about it now?� Who has been affected by what has happened?� In what way?� What impact has this incident had on you and on others?� What has been the hardest thing for you?� What do you think needs to happen to make things right?

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Conference Process

�Preparation ( very important)

�Preamble-wrongdoer tells about incident

-others relate how they have been affected

-participants decide how to repair the harm

(the agreement phase)

�Reintegration and refreshments after the conference

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Acknowledged Harm – Conference Framework

10 Steps PREPARATIONRestorative ACTIONS

Step 1 PREAMBLE/ FOCUS

Step 2 story PERSON WHO CAUSED HARM Acknowledgement

Past telling HARMED PERSON Listening

Step 3 HARMED PERSON’S SUPPORTERS Validation

WRONGDOER’S SUPPORTERS Ownership

Step 4 Present reflection PERSON WHO CAUSED HARM Remorse

“ANYTHING TO SAY”? Reflection

Step 5 AGREEMENT PHASE Acknowledgement

Step 6 reparation ASK WHAT ALL PARTICIPANTS Attribution

Step 7 Future WANT TO COME OUT OF THE Reflection

Step 8 MEETING Normalisation

Step 9 Change of status

Relationship building

Step 10 STRONGER CLOSURERELATIONSHIPS Hope and relief

REFRESHMENT PHASE

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Unscripted Model

RESTORATIVE ENQUIRY1. Sharing perspectives around what happened

2. Expressing thoughts and feelings

3. Harm and affect

4. Identifying needs

5. Restoring the relationship

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Helen M Flanagan 2007 56

Restorative Questions 1: to the person who has caused the harm

�What happened?

�What were you thinking at the time?

�What have you thought about it since?

�Who was affected?

�How were they affected?

�What do you think you need to do to make things right?

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Helen M Flanagan 2007 57

Restorative Questions 1: to the person who has been harmed

�What happened?

�What were you thinking at the time?

�What have you thought about it since?

�How have you and others been affected?

�What has been the hardest thing for you?

�What do you think needs to be done to make things better / right / to help you move on?

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RESTORATIVE ENQUIRY

Look at page entitled:

‘A Suggested Structure for Running a Restorative Meeting’

REMEMBER: Thoughts, Feelings, Actions

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RESTORATIVE ENQUIRY

PAIRED ACTIVITY

Story of Jim and Bob

A= Jim; B= Bob; C= Facilitator

1. Facilitator: use the Relational Questions to find out from either Jim or Bob what has happened

2. Go through the process: Story, Affect, Possible Outcome

3. Use ‘LISTENING TO STORIES’ for guidance

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Restorative Enquiry

�Jim: Feedback

�Bob: Feedback

�Facilitator: Feedback

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Preparation Exercise

� Connective listening:Use ‘Listening to Stories’� Learning pairs: A & B roles� A: listener, B: Speaker� B: talk about an issue which may be concerning you � A: listen and ask what you feel are appropriate

questions, depending on given listening style� B: feed back how you feltTry to use ‘I feel …..’ rather than ‘I feel that…..’

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Preparation

� Active, empathic listening:

-Valuing the speaker

-Curiosity

-Feelings matter

-Self –awareness

-Win –win: not adversarial

Just Schools: Transforming Conflict, Dr. Belinda Hopkins (2005)

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Preparation

� Active, empathic listening:-Valuing the speaker:the most important belief is that the speaker is a worthwhile person, whether harmed or harmer-Curiosity: there is no one truth about a given situation, there are only truths; everyone has their own experience-Feelings matter:a feeling is a feeling, there is no intrinsically right or wrong. Acknowledging a feeling is very important in making a connection-Self –awareness:thoughts, feelings, needs and behaviour are inextricably linked and at any given time will be influencing each other-Win –win: the most desirable outcome of a difficult conversation is at least to find a way to cope with the situation as it is. The starting point as a listener needs to be one of intention; to listen in a way that maintains or repairs a relationship

‘Words can be walls or windows’ the intention behind any restorative conversation is to ensure that one’s words are windows.

Just Schools – Transforming Conflict, Dr. Belinda Hopkins (2005)

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Preparation

� Active, empathic listening:

Empathy – what is the frame of mind of both talker and listener

Rapport building – opening gambit and when to stop

Preparation

idea ‘what’s your story’? explanation expectation choice

informed

decision

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Choosing Facilitation Practice Exercises

�Assault – pupil/teacher: Acknowledged guilt�Theft - Acknowledged guilt�Assault – pupil/pupil: Unacknowledged guilt�Bullying – pupil/pupil: Unacknowledged�Unprofessional conduct: Unacknowledged �Burglary : Unacknowledged�Persistent Absence - Acknowleged

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LUNCHUse some of this time to discuss how you are feeling,

your learning and to give feedback to each other

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Relational Questions: Characteristics - 1

� The questions are neutral and non-judgemental� They are about the wrongdoer’s behaviour and its effect upon

others� They are open questions which require an answer� They take everyone from the past (what happened) to the

future (repairing harm)� They require people to reflect on who has been affected� They are likely to help the wrongdoer develop some empathy

for those affected

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Relational Questions: Characteristics - 2

� They seek to build an understanding rather than to blame

� The person asking is likely to be seen as objective and respectful

� They actually allow the person to tell their story� They are more likely to promote responsibility� They can be applied in every situation� They are thinking questions, yet are likely to get

‘feeling’ responses

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Helen M Flanagan 2007 69

Restorative Questions 1: to the person who has caused the harm

�What happened?

�What were you thinking at the time?

�What have you thought about it since?

�Who was affected?

�How were they affected?

�What do you think you need to do to make things right?

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Helen M Flanagan 2007 70

Restorative Questions 1: to the person who has been harmed

�What happened?

�What were you thinking at the time?

�What have you thought about it since?

�How have you and others been affected?

�What has been the hardest thing for you?

�What do you think needs to be done to make things better / right / to help you move on?

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The Scripted Model

�Look at scripts in your folders

�2 sides: Acknowledged

Unacknowledged

�What to do when a harmed person isn’t present

�Until you are VERY familiar with the process STICK to the SCRIPT

�Seating Plan, meeting and greeting, reintegration phase

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Use of Facilitation Practice Exercise

�Allows you to become familiar with the scripted model

�Allows you to practice facilitation

�Allows you to see the dynamics of a conference

�Helps you to experience how a participant in a conference may feel

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Facilitation Practice Exercises

� Everyone will have the opportunity to facilitate and participate in the exercises

� 4 groups will enact the same FPE simultaneously� All FPEs will have 5 participants, one of whom

cannot attend but whose views will be factored in and 1 facilitator

� Success of the exercise depends on all participants staying within reasonable bounds

� Avoid exaggerating your part or playing it in an extreme manner

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Facilitation Practice Exercise Guidelines

� Students only get one chance to facilitate and much depends on participants.

� Work with and for the facilitator� F.R.E.S.H� Read your part carefully and do not share description

of your part with others� If the part or facilitation touches on a personal issue,

decide if you would like an alternative� Once you have made your point MOVE ON

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Facilitation Practice Exercise debrief

� What was it like being that person?� Did your feelings change in during the conference?� If so, why?� When your character left the conference what would

his / her predominant feeling be?� Who are you in real life?� Tell me one thing that is different about you from the

part that you played?� Any other comment about the part you played?

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Facilitation Practice Exercise debrief

�Give feedback to the facilitator according to the instructions given out this morning.

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Facilitation Practice Exercise debrief

� Observer questions:

� Make any comments, in the following order:

1. The role play and role players

2. The facilitator

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Conference DVD:

�Facing the Demons

Conference facilitator is Terry O’Connell. Terry has developed the Restorative Conference Script

We will finish with this tonight and discuss it in the following sessions.

If conferencing can be used at this level to help people move forward, comes to term with an event or change lives for the better, how much more should we be using this approach in our schools and EDUCATION establishments?