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

Fourth Case

After considering the case, the State's Attorney with the Juvenile Court submits it to CMA under article 9 of Pres. Decree no. 448/88 to complete reconciliation with the offended party.

Tom, a juvenile, is indicted on stealing in a church. By a standard letter CMA invites the parties concerned to participate in a preliminary meeting to obtain their consent and assess whether it is feasible and convenient to carry on the mediation.

Tom is 16, lives with his family and has many brothers and sisters. His parents of humble origin live in a small village near Crotone, do their best to work, control and bring up their children, hard as it may be. After getting his junior high school certificate, Tom did several casual small jobs, lately started help his uncle in local markets and has no criminal records.

Dom Dick is 40, is the parish priest of the church in the seaside hamlet near the village. Contacted by phone by CAM staff he appears to be interested in the mediation and ready to cooperate in supporting the youngster and his family.

During the first conference with Tom (the juvenile's parents have been invited, too) mediators explain the meaning and terms of mediation and ask the parents their permission to talk with the indicted juvenile alone. The parents agree, yet vent all their resentment against their son on account of his gesture, all the more blame-worthy as it was committed in a holy place.

During the conference Tom is asked to narrate what had happened and speak his mind as to the consequences of the criminal proceedings instituted against him; to do so he has adequate scope to tell the terms of the conflict and express his fears and expectations.

As regard consent, the victim declares his willingness to enter mediation.

The juvenile reports he has never meditated on the consequences of his gesture nor considered whether and which repercussions it could have for himself. Therefore, he declares his intent to meet the priest to repeat the explanations he has given CMA. In the first meeting with the priest, mediators explain the meaning and terms of mediation and ask his consent to carry on.

The mediation team, reassured in this respect on the phone, talks with the priest who, also thanks to his role, confirms his cooperation and summarizes facts and consequences of the offence, while he reaffirms he is willing to meet the offender.

During this conferencing the priest smoothly explains to the juvenile how significant donations, the objective of the crime, are for a parish and what sacrifice raising money may be in a poor village where they live. With the team's aid he dwells on the danger of similar acts which may be mere childish acts if occasional and isolated, yet may turn a preface to criminal activity if directed by third parties.

He expresses much concern about the bad company the youngster keeps and also personal misgivings about the fact that he acted alone. Tom, though, persists in saying he had no accomplices nor was forced into such thoughtless gesture by anybody (a doubt remains that the fact may fall under the terms of initiation to join a group).

The youngster's parents, concerned about his future and bad company, assure that Tom is now so busy working that he has no time left to hang to those fellows and behaves properly.

Tom carefully listens to the priest's words and sincerely apologizes. The priest, on his part, shows his interest in Tom's course of life and future plans.

At this point the mediation team suggests that Tom is engaged in some useful activity within the parish as a sort of moral compensation for the damage, but also as a way to make him mature and support the family in educational tasks. The priest endorses the proposal and decides to involve the youngster in parish activities. He says goodbye to him and the family, who warmly reciprocates, and is glad of the way gone whereby he could meet the youngster.

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