Approaches to Developing the Criminal Mediation Process

Abstract

The criminal mediation process is designed to promote peace in six key areas: 1) providing an opportunity for both the defendant and the victim to share their truths; 2) encouraging the defendant to recognize the consequences of their actions; 3) promoting the healing of the victim; 4) allowing the defendant to take responsibility and improve their behavior; 5) fostering a positive relationship between the defendant and the victim; and 6) enabling the victim to forgive and end the case.

This process aims to address the shortcomings of traditional criminal justice systems, which tend to focus on punishing the defendant without prioritizing the healing of the victim or the community affected by the crime. Mediation process emphasizes cooperation from all parties involved, including the victim, the community, and the defendant, in order to repair emotional and psychological harm, as well as social status. When the court uses mediation before rendering a verdict, both the victim and the defendant have the chance to resolve the conflict. The defendant can take responsibility, make amends, and rebuild relationships, while the victim, having healed and forgiven, can choose to withdraw the case or end the legal proceedings. As a result, the court may decide to defer punishment or impose a lighter sentence, reducing unnecessary imprisonment, saving state resources, and supporting the defendant's rehabilitation. This process requires a neutral mediator to help uncover the facts. Ultimately, mediation bridges the gap in the justice system by emphasizing healing and fostering genuine peace.