Tools in Network: an E-Net Approach to Sharing Mediation Competences.

Third Case

The State's attorney with the Juvenile Court refers to CMA mediation the case of Mary (indicted for a crime against Lucy under section 582 of Penal Code) as an experiment under article 9 of Pres. Decree no. 448/88, and submits the relevant file to the competent Centre. CMA invites in writing both the victim and the offender to a meeting where the team seeks their consent and determines whether it is convenient to carry on the mediation. In order to work out an action plan, the Centre has to preliminarily assess the personal and familiar conditions of the parties, and first of all of the offender.

In the instant case Mary, 15, lives in Cosenza, attends the last junior high school year, just moved there from Milan and lives with her three sisters and her grandmother. Mary's father works and attends an evening course to get his junior high school certificate, is going through separation from his wife (she remained in Milan with her live-in lover) and takes much care of his children with all problems connected with separation and moving. No criminal record.

Lucy (the injured party) is 16, is the elder daughter and recently lost her father. Her mother, still prostrate with her husband's death, tries her best to maintain her family, is of humble birth and attends an evening course to get a junior high school certificate (the same as Mary's father). Lucy lives in Cosenza, too and goes to school.

During the first interview with Mary (parents have been invited as the subjects are children) mediators explain the meaning and terms of mediation and ask the parents' permission to have a first interview with the indicted juvenile, alone. The parents assent to the request.

The girl is invited to tell what had happened in minute detail to unveil particulars of facts underlying mediation as well as fears deriving from the offence's consequences and any further expectations.

Both girls did not know each other nor precise will to damage ever existed for any specific reason. The fact could therefore be traced back to a quarrel between peers, as it basically consisted in Mary standing up for two girlfriends and addressing Lucy abruptly along the town main street, which caused Lucy's reaction and call for police intervention.

Mary declares to be willing to meet Lucy to reiterate what she said to mediators.

The team separately meets Lucy (in this case, too it was necessary for the child's mother to attend along with the younger sister, who had witnessed the fact, as Lucy is a juvenile) and informs them all of the meaning and terms of the mediation and asks permission to go on. The interview follows the same pattern as with the offender: Lucy has all explanatory opportunities in reporting the event, its consequences and the terms of conflict and is totally free to express fears and expectations connected to the impact of her behaviour as well as the offender's conduct.

Lucy confirms the facts as were reconstructed by Mary, but her narration is negatively affected by the attending mother who stresses the event and displays disquiet and fear for carrying the weight of the whole family and especially two daughters. Lucy is quite defensive, yet expresses her consent to a mediation conference.

During the group conference Lucy's attitude is by all means more withdrawn and inhibited, while Mary continues to be trustful and calm in the wake of the mediators. Nevertheless it is Lucy who, helped by her sister, in a calm voice and with an increasingly peaceful attitude, while going back to the various stages of the event and the ensuing anxiety, settles the conflict which now takes the real aspect.

The girls are invited to go over the story from mutual viewpoints, to meditate on their life similarity (one is fatherless, the other has an absent mother), having to choose where to live and with whom.

The mediators stress the most significant passages of the conference and shift emotions towards both. Lucy's mother too takes an active part as she outlines her own position, clearly perceives the insecurity of the young onlookers and apologizes.

The girls ask to be left alone to better get to know each other and the mediation team shares the request, while they return the settled conflict to the girls' parents, who then find out to be schoolmates at evening courses. They also share concerns as only parents in taking care of their respective families; in particular, Mary's father is worried about the repercussion of the fact on his divorce case.

The girls' respective parents achieve a fair level of contact and sympathy, especially on their mutual difficulties as educators, agree on withdrawal of complaint and thank especially for freely expressing their innermost emotions on the event.

As the girls, who had chatted all the time, say goodbye to the team, they inform of making an appointment for the afternoon on the main street and express their comfort as compared with the period of the event as well as their joy for the new friendship.

The team invites Mary's father to help Lucy's mother and he decides to present her with a Christmas basket.

The team duly submits a report to the State's Attorney with the Juvenile Court and fills in the relevant anamnestic case file.