Mediation Among Immigrant Youth in Juvenile Justice: Why Communication and Culture Matter

By: Idalia Pinal

Imagine you are a young person who just moved to a new country. You have gotten

into some legal trouble, and now you’re asked to sit down in a room and talk things out with the person involved (such as the victim, a judge, an attorney, or a mediator). You are supposed to explain your side, take responsibility, and possibly make things right, but the rules, the language, and even the way people talk are all unfamiliar. This process is called mediation, a form of alternative dispute resolution (ADR), where the goal is to solve conflicts through communication instead of going through formal court punishment.

Del Campo and colleagues (2012) were especially interested in whether being an immigrant and whether you were the victim or the one who caused harm affected how youth felt during mediation, such as how much they talked, how comfortable they felt, and whether they thought the process was fair. The researchers spoke with 6 adolescents who recently immigrated to Spain from Morocco, Cuba, Algeria, or the UK who had gone through mediation. They also talked to professionals who work with youth in the justice system, like mediators, teachers, and judges, and they watched real mediation sessions to see how they worked.

They structured their interviews around two psychological theories: Structural and Cultural Violence Theory and Intercultural Communication Theory. Structural and cultural violence theory suggests that sometimes people are treated unfairly by big systems (like courts or schools) because of their culture without anyone directly meaning to harm them. For example, if a judge is harder on immigrant youth because they don’t speak the language well or because of stereotypes, but didn’t do it intentionally, they are still causing the person to feel as if they weren’t treated fairly. There was some evidence for the study supporting this theory – one participant reflecting on discrimination said: “They cheat you because you are a foreigner... they didn’t do it to the Spanish kids.” Intercultural Communication Theory proposes that people from different backgrounds communicate differently. If a mediator doesn’t adjust how they talk to match the youth’s way of understanding, the message might not get through. As one participant said: “I didn’t see the point in what she was saying.” This tells us that even if a program is designed to help, it won’t work for everyone the same way unless communication and culture are considered.

Some youth had a really positive experience with mediation. They said it helped them think more about what they did and how it affected others: “It was like someone opened my eyes and made me think about all the harm I had caused.” Another youth commented that “mediation makes you reflect, and realize what you have done, and you don’t do it again.” But others felt lost and confused. Language differences and not knowing how the justice system worked made it harder to speak up. In some cases, important parts of their experience, like racism, weren’t even talked about.

This study shows that mediation can be a better option than punishment, but it must be done the right way. That might mean using clear language, understanding different cultures, and creating a space where youth feel safe to share their side. Mediation can help immigrant youth reflect, grow, and take responsibility but only if we truly listen, adapt, and create space for who they are.