By Nikki Dowd-McKechnie, Executive Director, E.U.P. Community Dispute Resolution Center
The E.U.P.
Community Dispute Resolution Center (E.U.P. CDRC) is a nonprofit organization founded
in 1993 to conduct mediation for citizens in Chippewa, Luce, and Mackinac
Counties in the Upper Peninsula as an alternative to the court process. Our program is partially funded by the State
Court Administrative Office. We are
particularly proud of our Fresh Start program.
The E.U.P.
CDRC first approached the Chippewa County Prosecuting Attorney’s Office in 2014
with an idea for a program based on Restorative Justice Practices. The program is an opportunity for first-time
misdemeanor offenders to take responsibility for their actions, change their
behavior, and repair any harm done without going to court. Restorative justice defines accountability as
“repairing the harm” instead of simply “taking the punishment.” The Fresh Start program is a forward-looking
process that is more flexible than a traditional court hearing. It requires the offender to be proactive
rather than simply waiting for their court-directed punishment. The goal of the program is not punishment, but
restorative in that the offender takes responsibility for their actions,
changes their behavior, and repairs harm.
How Does it Work?
The Fresh
Start program operates in both Chippewa and Luce Counties in a collaboration
between the E.U.P. CDRC and prosecuting attorney’s office, with each prosecuting
attorney selecting the parties they deem eligible for the program. Usually the opportunity is given to first-time
offenders for charges including, but not limited to, driving while license is
revoked, suspended, or denied; operating a vehicle with no insurance; dog at
large; retail fraud-3rd degree; trespassing; minor in possession;
disorderly-drunk; non-sufficient funds less than $500; or possession of
marijuana. The prosecutor’s office sends
eligible offenders a letter with instructions to call or stop by the E.U.P.
CDRC within 10 business days about their willingness to participate.
The ultimate
goal of the program is for the offender to commit to a plan of action that:
(1) holds them accountable for the
offense;
(2) provides opportunities to demonstrate
a change in behavior; and
(3) repairs the harm or rights the wrong
caused by their actions.
Once
enrolled into the Fresh Start program, the E.U.P. CDRC will interview the
offender about the offense and determine how best to proceed. If selected to participate, offenders must first
pay the Center a program fee.
Depending on
the nature of the offense, the offender will be asked to participate in a process
that is facilitated by a trained, neutral mediator and that provides an
opportunity for offenders and victims to come together and share their
perspectives. The victim in the majority
of the Fresh Start cases is generally the “community at large.” The mediator remains neutral by being
impartial and not taking a side, leading the discussion that ultimately
“frames” the conversation so that the offender recognizes how their actions
affect the community.
As a result
of the discussion, an action plan is created that allows the offender to repair
the harm to the community, usually in the form of community service. An offender will have successfully completed
the program, which is monitored by the Center, when all activities included in
the action plan have been completed. The
prosecuting attorney is then notified, and the charges that were held in abeyance
are dropped. The program is beneficial
to the prosecuting attorney’s office, the mediation center, the participants,
and the community.
Chippewa
County Prosecutor Rob Stratton views the program as a benefit to the participants
and the community as a whole. “The
individuals that go through the program have the opportunity to keep their
record clean. The community benefits by
the participant performing community service and reducing the communities’
costs associated with the case going through the court system.”
Luce County
Prosecutor Josh Freed expressed a similar view. “Some county prosecutor’s offices participate
in these programs because of the volume of cases they have. While this isn’t the problem for Luce County,
we still recognize the benefits and opportunities a program like Fresh Start
can give the individual and the public.”
In the past 12
months, the CDRC has received 44 referred cases from the prosecutors. Of those cases, 22 were mediated, and 21
people avoided criminal charges. The
rate of referrals is expected to increase in 2018.
How Can I Learn More?
Contact the Center at 906-253-9840 or director@eupmediate.org.
In addition to serving as the executive director, Nikki is a trained mediator specializing in special education and restorative practices. She introduced the ‘Fresh Start’ program in one of the three
counties her mediation center serves and strengthened the program in the another.
A graduate with an MSA in Administration from Central Michigan University,
Nikki has a decade of experience in leadership, organizing and leading numerous
community projects, including a community-built playground in her hometown in
2012 and initiating a women-led group called ‘100 Women with Heart,’ which last
year gave away $5,000 to a local non-profit. Nikki is a lifelong learner with a
passion for restorative justice practices.