Abstract
Because of the different orientation to crime and conflict, the mediation process, with its roots in restorative justice, is able to avoid "leav[ing] victims feeling twice victimized," as can happen in the criminal justice system due to its "pre-occupation with offenders. Through their posttrial and postsentence mediated dialogue, it seems victims and offenders are more able to understand an event whose by-products are haunting them, and can then try to move on with their lives. With the storytelling and sense of feeling heard that is typical of victim-offender mediation as a process in pretrial disposition, victims and offenders are able to meet their needs in an emotionally-validating way after a brush with traditional legal dispute resolution. Having the two models of dispute resolution work in tandem can help victims and offenders understand the benefits of restorative justice and mediation, and having the two strategies work together may also help reassure victims of the traditional legal system's respect for their plight.
Recommended Citation
Elton, Kathy and Roybal, Michelle M.
(2003)
"Restoration, A Component of Justice,"
Utah Law Review: Vol. 2003:
No.
1, Article 3.
Available at:
https://dc.law.utah.edu/ulr/vol2003/iss1/3