‘Interpersonal conflict is everywhere, also at universities. The most important question is: how do you deal with it and how do you prevent it?’
Prof. Naomi Ellemers, NRC, 2021

After countless media incidents and research reports discussing the problem, social safety or the lack thereof is a topic high on political and academic agendas. This resonates with me – luckily not because of own experience, but because I am highly motivated by a desire to resolve conflicts, and would like to apply my expertise to my own community in a meaningful way. Having been a conflict avoider for much of my life, my academic research has made me re-evaluate conflict as an opportunity for connection.

My expertise is in procedural and restorative justice, with the latter being an alternative for criminal justice and producing good (or, at least, better) outcomes both for victims and offenders through victim-offender mediation. Restorative justice practices have recently been applied in a variety of work settings, and I argue that they can also be used in interpersonal conflicts at universities and elsewhere in the academic world.

What is interpersonal conflict?

In the Netherlands, interpersonal conflicts in an academic context are generally addressed under the heading of social safety (sociale veiligheid) or psychological safety. Social safety is defined as creating the opportunity to address feelings of unsafety and preventing undesirable and/or transgressive behaviour in circumstances directly relating to studying or work. Undesirable behaviour involves, among others, sexual intimidation, micro- or other forms of aggression, violence, bullying or discrimination.

Unique characteristics of academia

The university world has certain unique characteristics that create increased opportunities for interpersonal conflict. Academics are under great pressure to publish and bring in money, while the grant system is highly competitive and focuses on individual prestige rather than on teamwork. The many temporary contracts in academia can also create an unhealthy dependency on superiors and a power imbalance, with an implicit hierarchy between academic staff and supporting staff. Lecturers have been called out for making allegedly misogynous or racist comments in interaction with students, while students themselves operate in a culture in which boundaries are being explored, and in which alcohol and drugs can play an influential role, as seen in the recurrent problem of initiation periods (‘hazing’) at student associations. These factors all combine to create a breeding ground for feelings of social unsafety.

Current solution: legal route

Conflicts concerning interpersonal or sexually transgressive behaviour are rarely reported. And if they are reported, the current remedy is to seek recourse to law. After hearing both sides of the story, the complaints officer reaches a decision based on rules and regulations. If rules are found to have been broken, the transgressor may be punished, maybe by being removed from where the transgression took place. Worried about reputation damage, the university or research institute will try to keep matters quiet. Over the years, we have seen attempts at improvements in the form of new or additional regulations, or higher numbers of confidential officers. But although the legal route can make the environment safer in individual cases in the short term, it is questionable whether it is a sustainable solution, given that it does not provide ways for transgressors to learn new behaviours or provide answers for those who have been transgressed. With no opportunities for dialogue or prevention, parties are left feeling unheard, unhealed, ostracised and marginalised.

Potential new solution: restorative justice

I argue that we should explore another, potentially better alternative: conflict resolution and prevention through restorative justice. This evidence-based practice originated in criminal law and focuses on creating connections between victims and offenders to repair harm caused. It brings together the harmed and the harmer and members of the community (such as colleagues, fellow students, confidential officers and counsellors) and applies methods developed with the aim of facilitating a restorative dialogue. Whereas a legal approach focuses on who is at fault, on the crime that has been committed and on how the offender should be punished, restorative justice focuses on who has been harmed and what is needed to repair the harm, with opportunities for parties to be heard and validated in a manner addressing their needs and concerns. Structuring a dialogue around restorative justice methods could also work preventatively.

Scientific evidence

The scientific evidence for restorative justice is convincing. People participating in such programmes in criminal law are more satisfied than those who go through the traditional legal justice system. For victims, the process can provide answers, facilitate healing and provide a sense of closure, resulting in reduced anxiety and less anger. Meanwhile, offenders have an opportunity to take responsibility for their actions and make amends, which has been shown to reduce the likelihood of reoffending. Applying restorative justice in schools was found to lead to a drop in the number of conflicts, while applying it in sexual misconduct cases between students at American colleges and university campuses has resulted in better learning outcomes than traditional legal approaches. Whether, however, restorative justice can create a better university climate has not yet been properly investigated.

Not only sunshine! Some limitations

Restorative justice is not without its limitations. Facilitating dialogue and a reconciliation process requires significant amounts of time and resources, while not all conflicts are suitable for restorative justice. And the numbers in criminal law cases mean that only a minority of people will be willing or able to participate. It is also crucially important for restorative justice facilitators to ensure participants’ safety and the provision of support and resources throughout the process. On top of that, punishment may also still be necessary. Meanwhile, restorative justice is often assumed, wrongly, to be a soft option and, as a result, will elicit scepticism, criticism and a backlash from society, requiring both courageous antagonists and providers.

Moving towards a restorative academic environment

Restorative justice is a potentially valuable and effective way to remedy harm and is driving a new research initiative to build a restorative academic climate. Funded by an NWO Aspasia grant, I will be collecting best practices, with the aim of implementing them at my workplaces: the VU Amsterdam and the Netherlands Institute for the Study of Crime and Law Enforcement (NSCR). As a first step, colleagues from KU Leuven and the Restorative Justice Netherlands foundation and I (NSCR, VU) are organizing a kick-off symposium on 19 October 2023 for staff, students and support networks wanting to create a dialogue on social safety and show the potential for creating a restorative university climate. Read more about this symposium.

Moving towards a restorative society?

Universities have an important societal role to play in educating the next generation of professionals and responsible citizens. Creating a restorative climate at universities could even, therefore, impact on society at the macro level. This may sound utopian, but big changes start small. So let’s work together on a more compassionate and holistic way of addressing conflicts in our own circle of impact. And in this way plant the seeds for a more connected society as a whole.

Nieke Elbers, Researcher NSCR and VU University