Restorative justice is a process in which the victim, perpetrator(s), and community members work together to identify and address the harm caused by an offense. Restorative justice seeks to repair the harm caused by an offense and build relationships between the victim and perpetrator(s), as well as between the victim and the community at large. Restorative justice can be used in the context of mediation, but the two processes are distinct. Restorative justice focuses on the past and future relationship between the victim and perpetrator(s), whereas mediation focuses on the present relationship between the victim and the other parties involved in the dispute. Both processes are meant to lead to a mutually acceptable resolution of the dispute and can lead to a formal settlement or other binding agreement as a result. Both mediation and restorative justice seek to repair the harm caused by the offense and build relationships between the victim and perpetrator(s) and the victim and the community at large. Both also have the potential to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved.

What is mediation?

Mediation is a process in which a neutral third party (often called a mediator) helps the parties to a dispute find a mutually acceptable resolution. Mediation is often used to resolve disputes in the workplace, between family members, between neighbors, or between other people who don't wish to go through a formal legal proceeding. Mediation is often used when the parties involved in a dispute cannot come to an agreement on their own, and they wish to have a neutral third party help them find a solution that both sides can live with. Mediation is different from arbitration in that arbitration is a private, binding procedure in which the two parties agree to have a third party decide their dispute. Mediation is not a private, binding proceeding, but rather a process in which both parties agree to have a neutral third party help them find a solution that both sides can live with. Mediation is often used to resolve disputes that are too complex or too emotional to be resolved through other means.

What is restorative justice?

Restorative justice is a process in which a victim, perpetrator(s), and community members work together to identify and address the harm caused by an offense. Restorative justice seeks to repair the harm caused by an offense and build relationships between the victim and perpetrator(s), as well as between the victim and the community at large. Restorative justice can be used in the context of mediation, but the two processes are distinct. Restorative justice focuses on the past and future relationship between the victim and perpetrator(s), whereas mediation focuses on the present relationship between the victim and the other parties involved in the dispute. Both processes are meant to lead to a mutually acceptable resolution of the dispute and can lead to a formal settlement or other binding agreement as a result. Both mediation and restorative justice seek to repair the harm caused by the offense and build relationships between the victim and perpetrator(s) and the victim and the community at large. Both also have the potential to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved.

How are mediation and restorative justice similar?

Both mediation and restorative justice seek to repair the harm caused by the offense and build relationships between the victim and perpetrator(s), as well as between the victim and the community at large. Both also have the potential to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved. Mediation and restorative justice are both meant to lead to a mutually acceptable resolution of the dispute and can lead to a formal settlement or other binding agreement as a result. Both mediation and restorative justice are designed to build relationships between the victim and perpetrator(s), as well as between the victim and the community at large. Both also have the potential to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved.

How are mediation and restorative justice different?

Mediation and restorative justice both focus on repairing the harm caused by the offense and building relationships between the victim and perpetrator(s), as well as between the victim and the community at large. However, the two processes are distinct in that restorative justice is a victim-centered process, while mediation is a third-party-centered process. Victim-centered restorative justice is a process in which the victim is the primary focus, and the perpetrator(s) may be present but is not the primary focus. Victim-centered restorative justice is often used when the victim and the perpetrator(s) are related to each other, or if there is a history of abuse between the victim and perpetrator(s). Restorative justice is often used when the victim is an individual, but it can also be used when the victim is part of a group or organization. Third-party-centered mediation, on the other hand, is a process in which the mediator is the primary focus, and the victim and perpetrator(s) may be present but is not the primary focus. Third-party-centered mediation is often used when the victim and perpetrator(s) are not related to each other and do not have a history of abuse between them.

Key differences between mediation and restorative justice

- Victim-centered vs. third-party-centered: Mediation is a third-party-centered process, meaning that the mediator is the primary focus and the victim is secondary. Restorative justice is a victim-centered process, meaning that the victim is the primary focus and the perpetrator(s) are secondary. Victim-centered restorative justice is a process in which the victim is the primary focus, and the perpetrator(s) may be present but is not the primary focus. Victim-centered restorative justice is often used when the victim and the perpetrator(s) are related to each other, or if there is a history of abuse between the victim and perpetrator(s). Restorative justice is often used when the victim is an individual, but it can also be used when the victim is part of a group or organization.- Timing: Mediation sessions are typically scheduled in advance and are meant to be long-term processes. Restorative justice is often used in the immediate aftermath of an offense, but can also be used in the future to address long-term issues between the victim and perpetrator(s).- Location: Mediation sessions are typically held in one location, while restorative justice can be held in multiple locations.- The process: Mediation is a structured process, while restorative justice can be unstructured.- The focus: Mediation is a third-party-centered process, while restorative justice is a victim-centered process.- The outcome: Mediation can lead to a formal settlement or other binding agreement, while restorative justice can lead to a resolution that is not legally enforceable.

Benefits of mediation

- Reduce litigation: Mediation can help to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved.- Build relationships: Mediation can help to repair the harm caused by the offense and build relationships between the victim and perpetrator(s), as well as between the victim and the community at large.- Increase understanding of the issue: Mediation can help to increase the victim's and the other parties' understanding of the issue and the root causes of the dispute.- Increase trust: Mediation can help to increase the victim's and the other parties' trust in each other and in the process.- Increase cooperation: Mediation can help to increase the victim's and the other parties' cooperation in finding a solution to the dispute.- Increase compliance: Mediation can help to increase the victim's and the other parties' compliance with the resolution.- Increase satisfaction: Mediation can help to increase the victim's and the other parties' satisfaction with the resolution.

Benefits of restorative justice

- Build relationships: Restorative justice can help to repair the harm caused by the offense and build relationships between the victim and perpetrator(s) and the victim and the community at large.- Reduce litigation: Restorative justice can help to reduce the amount of litigation in the future by addressing the issues at hand and creating a lasting solution for everyone involved.- Increase understanding of the issue: Restorative justice can help to increase the victim's and the other parties' understanding of the issue and the root causes of the dispute