ADR Restorative Justice Practices 3 — Questions and Answers
Question 1: Which concept best captures the idea that harm in restorative justice is understood as a violation of relationships rather than just rules?
- Retributive accountability
- Relational harm theory (Correct answer)
- Procedural justice
- Distributive fairness
Correct answer: Relational harm theory
Relational harm theory, foundational to restorative justice, holds that crime damages relationships and community bonds, not merely legal statutes.
Question 2: A school uses restorative circles instead of suspension for a bullying incident. This approach is best described as:
- Punitive deterrence
- Restorative discipline (Correct answer)
- Therapeutic mediation
- Arbitral intervention
Correct answer: Restorative discipline
Restorative discipline in schools replaces exclusionary punishment with dialogue-based processes that repair relationships and address root causes.
Question 3: What is 'harm mapping' in the context of a restorative justice conference?
- A legal document listing damages claimed by the victim
- A facilitated process to identify all people and relationships affected by the harm (Correct answer)
- A court-ordered assessment of physical evidence
- A geographic analysis of crime patterns
Correct answer: A facilitated process to identify all people and relationships affected by the harm
Harm mapping is a facilitated conversation that uncovers the full ripple effect of the harm across individuals, relationships, and community.
Question 4: In Indigenous restorative practices, the role of elders in a healing circle is primarily to:
- Act as arbitrators who impose decisions
- Provide cultural guidance and wisdom to support healing (Correct answer)
- Represent the state's interest in punishment
- Serve as legal advisors to the parties
Correct answer: Provide cultural guidance and wisdom to support healing
Elders in Indigenous healing circles offer cultural knowledge and relational wisdom, guiding participants toward healing rather than imposing outcomes.
Question 5: A restorative agreement between an offender and victim is typically enforceable through:
- Criminal contempt sanctions
- Court incorporation or civil contract principles where applicable (Correct answer)
- The victim's right to re-arrest the offender
- Automatic incarceration upon breach
Correct answer: Court incorporation or civil contract principles where applicable
Restorative agreements may be incorporated into court orders or treated as civil contracts, depending on jurisdiction and program structure.
Question 6: Which of the following is a key difference between restorative justice and therapeutic counseling?
- Restorative justice focuses on diagnosing psychological disorders
- Restorative justice centers accountability and relational repair, not treatment (Correct answer)
- Therapeutic counseling always involves the offender
- Restorative justice is only available post-conviction
Correct answer: Restorative justice centers accountability and relational repair, not treatment
While both support healing, restorative justice is distinct in its focus on accountability, making amends, and repairing relationships rather than clinical treatment.
Question 7: When a restorative justice facilitator notices a power imbalance between a dominant offender and a fearful victim, the appropriate response is to:
- Proceed without intervention to preserve neutrality
- End the session immediately
- Use caucuses and safety protocols to level the power dynamic (Correct answer)
- Ask the victim to bring an attorney
Correct answer: Use caucuses and safety protocols to level the power dynamic
Skilled facilitators use separate meetings (caucuses), seating arrangements, and ground rules to manage power imbalances and ensure the victim can participate safely.
ADR Restorative Justice Practices 3
Which concept best captures the idea that harm in restorative justice is understood as a violation of relationships rather than just rules?