Friday, January 12, 2018

A 'Fresh' Perspective of Restorative Practices

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.



What is Fresh Start?

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.