Victim Offender Mediation (VOM)
VOM Frequently Asked Questions (FAQs)
VOM allows victims (individuals who have been harmed) and offenders (individuals who have caused harm) to meet in safe and structured settings under the guidance of a mediator. The goal is to provide both parties the support necessary to address what happened honestly and to discuss how it can best be repaired. The mediator helps harmed individuals obtain answers to their questions and, where relevant, make a plan for restitution. The mediator helps the individual who caused harm acknowledge responsibility and provides a voice in how to make things as right as possible. The process is based on principles of Restorative Justice, taking into account everyone affected by the crime, including the victim, the community, and the offender and family. These are opportunities that are not usually addressed in the normal course of the court process.
- Empowerment and agency by having a voice in how the damage is repaired in a way that is meaningful to the victim
- The opportunity to relay the impact of the responsible party’s actions on the victim and family directly and first-hand
- Receiving acknowledgement and accountability of violation directly from the responsible party
- Seeing and understanding the responsible party and hearing their story. Asking questions that only the responsible party can answer, such as how and why the offense happened, and receiving assurances of future safety
- Beginning the process of repair and closure
- Redirecting the life of the offender
- Hearing and taking responsibility for the impact of their actions
- Allowing the victim to be heard and have their questions answered
- Having a voice in how the damage is repaired and restitution is made
- Seeing the victim as a real human being
- Experiencing the empowerment of accountability and addressing the harm caused
- Growth through doing something difficult
- Improved family relations through awareness of family and community as secondary victims
- Reduced recidivism
- Additional benefits can include system-referred offenders engaging in CRS-facilitated conversations with family members to promote healing and improve family relations
The victim is welcome to bring a support person, who will not participate heavily in the discussion but is available for support and private discussions. Ensuring the sense of emotional safety of the victim is an important part of this process.
There are several referral sources, including judges, the County of Santa Clara Probation Department, the District Attorney’s Office, defense counsel, victim advocates, and law enforcement.
Offenders are strongly encouraged to discuss VOM with program staff when referred, after which they decide whether to participate, as mediation is always voluntary. Victims’ participation is also voluntary, and we encourage them to learn about the program directly from VOM staff before deciding whether to participate or not.
In many cases we encourage legal guardians of youth offenders to attend the mediation, largely in a supportive capacity, as they may need to support some agreements the youth wishes to enter. As examples, youth might agree to perform a service and need their guardians’ help with transportation, and agreements resulting in financial restitution that obligate both the youth and their legal guardians necessitate the guardian’s approval.
Lawyers are rarely present, and only if all parties agree. In the rare case a lawyer attends, the lawyer would not actively participate. Lawyers can also be available on stand-by to consult with their clients.
Mediation can take place in person in our County offices (in which case we offer additional rooms when parties might wish to speak with the mediator separately), or over videoconference (including access to some juvenile facilities), depending upon participants' preference.
Victim Offender Mediation is free. There is no cost to participate.
Mediation sessions usually are between 1.5 and 3.5 hours and take one session to complete. If the parties would like a follow-up mediation, a subsequent session can be scheduled.
Under California law, everything said in mediation is confidential, and parties are required to sign a Confidentiality Agreement beforehand. (For more information, see California Evidence Code §§1115-1129.) If all parties agree in writing, the parties and mediators may share agreed-upon information about the mediation with third parties, such as the Court, judges, probation officers, lawyers, relatives, and anyone else agreed-upon by the parties.
VOM resources
VOM youth testimonial
First, I want to say thank you to Ruth for reaching out to me. Without her, I wouldn't even know about the Victim Offender Mediation Program. VOM is a great program for a youth to get to apologize to their victims. Not only do the victims need peace of mind, but also the aggressor. Prior to the program, I never really thought much of the victim and that's not right. Getting to sit down with someone whose daily life you affected and made them feel unsafe even in their own home is really an eye opener. I never really realized how much my actions affect other people's lives. After the program, I have a whole new perspective on my actions. I still feel bad about what I did even weeks after my meeting. When I was in court I didn't get a chance to express my remorse because nine out of ten times the victims don't show up to court. Whereas, in VOM, you get to actually be face-to-face with your victim. This allowed me to try to make things right by apologizing to my victim. It was very hard at first. It shouldn't be easy. I had to grow and mature to be really be able to look at my victim and really say sorry and mean it. I was also able to take accountability for my actions.
Adult victim testimonial