COURT-BASED DIVERSION

Less robust programming exists for adults who find themselves entrenched in the grips of the criminal legal system. In Michigan, several "specialty" courts offer a diversion from incarceration, including the mental health and drug courts in Wayne, Oakland, and Washtenaw Counties. In Washtenaw County, the Peacemaking Court is a child welfare court that approaches legal cases from a restorative lens Cases of violence between parents and children are offered the option to enter the peacemaking process through the externally positioned, Dispute Resolution Center. If cases are unable to be resolved via Peacemaking, they are referred back to the court, without penalty, to be resolved through conventional legal proceedings.

Diversion programs present several challenges to all parties involved First, many programs assess various forms of fee structures for services. If participants are unable to pay the fees, they are forced to contend with the possibility of the dissolution of the diversion option and possible incarceration. This threat is also present if participants are unable to fulfill the requirements of the program to the satisfaction of the court. Requirements often include participation in counseling and skill-building in addition to the formal RJ process. Another challenge of court-based programs is the employment of ineffective RJ models. In practice, the RJ process as prescribed by the court follows a “ one and done” model, whereby victims and harm-doer(s) enter into a one-time circle process, which concludes in an “agreement” that outlines the responsibilities of the harmdoer(s) as requested by the victim

A proficient understanding of the nature of harm necessitates a lengthier process than what is typically offered through court-based diversion programs. However, due to issues of capacity, funding, and sometimes, the willingness of the victim, such protracted processes are deemed impractical. Therefore, the court’s are limited in their capacity to act as facilitators of harm reparation. It is then necessary to conceive an alternative, non-coercive response to harm that prioritizes the expressed needs of all those most impacted by harm.