Restorative Approaches to Elder Justice

...punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior.

Many offenders blame their victims for reporting crimes and seek revenge after completing their sentences.
Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.

John Dussich

Justice is a broad concept. While it encompasses formal justice systems, in its broadest sense, justice refers to basic concepts of fairness in human relations—balance, equity, fair exchange, harmony, and equal treatment. Justice provides guideposts for living together in peace with dignity and respect for one another and the environment. It guides our response to harms, inequities, and injustices. It encompasses how our institutions relate to us in respectful, constructive, and unbiased ways.

Elder abuse is a violation of relationships. To a great extent, it has been addressed through the criminal and civil justice systems, in which advocates for opposing parties—victims and abusers—vigorously argue their parties’ cases before objective judges or juries who determine the truth and pass judgment. While effective in some abuse cases, this approach is not acceptable to many older adults who fear losing their relationships with family members or others they rely on or hope to reconcile with. Those affected by abuse have their own truths, which need to be heard if justice is to prevail. These insights are leading more advocates to explore alternatives.

Restorative justice is an alternative that provides opportunities for change and healing among all those who are affected by crime and conflict. Rather than depending on courts, it enlists families and communities to provide opportunities for truth-telling, change, and healing.

Articles and Reports

Brown, M.T. & McNeal, M.H. (2020) Addressing elder abuse: Service provider perspectives on the potential of restorative processes, Journal of Elder Abuse & Neglect, 32(4,) 357-376, DOI: 10.1080/08946566.2020.1814179

New! Burnes, D. Connolly, M.T., Salvo, E., Kimball, P.F., Rogers, G., & Lewis, S. (2022). Rise: A conceptual model of integrated and restorative elder abuse intervention.

Groh, A. (2003) A healing approach to elder abuse and mistreatment: The Restorative Justice Approaches to Elder Abuse Project. Waterloo: Community Care Access Centre of Waterloo.

Linden, R. & Groh A. (2011). Addressing elder abuse: The Waterloo Restorative Justice Approach To Elder Abuse Project. Journal of Elder Abuse & Neglect.

McNeal, M. H., & Brown, M. T. (2019). Elder restorative justice. Cardozo Journal of Conflict Resolution, 21(1), 91-143

National Adult Protective Services Resource Center. Addressing elder abuse: The Waterloo Restorative Justice Approach to Elder Abuse Project. NAPSA/NCPEA Research Committee Research to Practice Brief Research Summary with Arlene Groh, BA, RN and Rick Linden, PhD.

Nerenberg, L. (August 9, 2021). Restorative justice: Can it heal the harm of e lder financial abuse? Next Avenue.

New! Nerenberg, L. (2021). In elder abuse cases: Restorative justice holds the promise of honoring relationships. Dispute Resolution Magazine, 27(2). American Bar Association. (2021).

Păroşanu, A. Elder harm and restorative practices A literature review (2017). Andrea Păroşanu Research Fellow to the Diana Unwin Chair in Restorative Justice

Păroşanu, A. & Marshall, C. (2020). Kōrero Tahi: A pilot project on using restorative approaches for addressing harms experienced by older persons. An implementation and evaluation report.

Sharpe, S. (2011). Walking the talk: Developing ethics frameworks for the practice of restorative Justice. Community justice initiatives Association, B.C.

Books

Boyes-Watson, C. & Pranis, K. (2020). Circle Forward: Building a Restorative School Community. St. Paul, MN: Living Justice Press.

Boyes-Watson, C. & Pranis, K. (2010). “Heart of Hope: A Guide for Using Peacemaking Circles to Develop Emotional Literacy, Promote Healing & Build Healthy Relationships.” St. Paul, MN: Living Justice Press.

Dussich, J. & Schellenberg, J. (2010) (A. Groh, Contributor) The Promise of Restorative Justice: New Approaches for Criminal Justice and Beyond, Boulder, Lynne Rienner Publishers, Inc.

Gordon, R. & Elliott, E. (2005) (A. Groh Contributor). New Directions in Restorative Justice: Issues, Practice, Evaluation, Devon, UK: Willan Publishing.

Pranis, K. (2005). The Little Book of Circle Processes, A New/Old Approach to Peacemaking, Intercourse, Pa: Good Books.

Pranis, K., Stuart, B. & Wedge, M. (2003) Peacemaking Circles, From Crime to Community, Living Justice Press, St. Paul, Minnesota.

Zehr, H. (2002) The Little Book of Restorative Justice, Intercourse, Pa: Good Books.

Valandra, E. C. (Ed.) (2020). Colorizing restorative justice: Voicing our realities. United States: Living Justice Press.

Unlike many non-Native Elder Protection Teams (EPTs), Native EPTs involve Elders in the conversation.

From the Tribal Elder Protection Team Toolkit, National Indigenous Elder Justice Initiative

Resources

Organizations/Resource Centers

Technical Assistance Tools

“Interdisciplinary Approaches to Elder Justice: Unlocking the Potential of Restorative Practices Virtual Conference
Edited video of the October 15-16, 2020 symposium hosted by the Syracuse University School of Law.

A Conversation on Applying Restorative Justice to Elder Abuse
This CEJC Webinar (April 28, 2021) features Arlene Groh, Retired consultant, Healing Approaches to Elder Abuse Waterloo (Ontario, former coordinator of the Community Care Access Centre's Restorative Justice Approach to Elder Abuse Project, and Jacqueline Gray, Director, National Indigenous Elder Justice Initiative (NIEJI).

Exploring Restorative Approaches to Elder Abuse Webinar Series
CEJC's 2022 Webinar series, made possible by a grant from van Loben Sels RembeRock Foundation, included 4 webinars on various restorative justice topics. More information about the webinar series, including the recordings of all four webinars are available.

A Vision Of Conflict, Circles And Justice For The 21st Century
Video-taped conversation of Barry Stuart in conversation with Eva Marszewski.

Tribal Elder Protection Team Toolkit
Produced by the National Indigenous Elder Justice Initiative, this toolkit provides an introduction to tribal elder protection teams, steps to developing teams, and sections on elder abuse codes, team members, and cultural sensitivity resources.

A Healing Approach to Elder Abuse and Mistreatment: A Manual
This comprehensive how-to manual draws from the experiences of the pioneering "Restorative Justice Approaches to Elder Abuse Project.” Authored by the program’s director, Arlene Groh, the document describes what began as a “diversion” program aimed at diverting selected cases from the criminal justice system to a Peacemaking Circle. The manual includes sample materials and describes the steps in launching the project and evaluating it using the Goal Attainment Scaling methodology.

Exploring the Role of Elder Mediation in the Prevention of Elder Abuse
This report by Judy McCann-Beranger was produced for the Family, Children and Youth Section of Canada’s Department of Justice. It describes a variety approaches to mediation, including restorative justice.

Promising Practices

CORE (Community-Based Options to Respond to Elder Abuse)
This program, which is provided in three apartment buildings in Syracuse, New York, offers weekly community building peacemaking circles among residents and service providers; resident education; and exploration of a range of interventions with residents including restorative justice options, civil legal assistance, and the use of an Abuse in Later Life Case Manager. It is collaboration among the Center for Court Innovation, Christopher Community, and Syracuse University College of Law and School of Social Work.

Privilege Applied to Restorative Justice Practice
Illinois SB 0064 (2021-2022) amends the state’s Code of Civil Procedure to provide that anything said or done during, in preparation for, or following restorative justice practices is privileged and cannot be referred to, used, or admitted in civil, criminal, juvenile, or administrative proceedings unless the privilege is waived.

Elder Caring Coordination
Program offering dispute resolution for high conflict cases involving caregiving that are referred by courts under certain circumstances, including when court motions raise non-legal issues, when there are concerns about an older person's care and safety, or when mediation hasn't been effective. See Elder Caring Coordination.

RISE
An approach to elder abuse designed to reduce harm, respect autonomy, and advance justice in a more holistic and flexible way than is possible given the structure of most existing systems. RISE stands for Repair harm, Inspire change, Support connection, and Empower choice. RISE advocates are employed by the Elder Abuse Institute of Maine and work with clients referred by APS. The companion "CAPSTONES" study (Community & Adult Protective Services Trial of Novel Enhanced Services) compared outcomes of APS clients who worked with RISE advocates to those who did not. See RISE.

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