“Restorative justice” describes an approach to mediation that is different from traditional mediation in some important ways.
Restorative processes are based on the concepts of repairing harm and forgiveness. A restorative justice approach to mediation will focus on helping people identify and repair the harm that has been caused to one person by the actions of another. Agreements resulting from such processes are designed to empower the “victim” of the actions to participate in an agreement. They also are designed to empower the person who caused the harm to accept responsibility for his or her actions and offer what compensation and apologies he or she is able to offer. The benefit is often tangible: improved relationships, appropriate agreements, possibly forgiveness, and closure.
This approach to justice derives from the traditional indigenous healing processes found among first nations in New Zealand and Canada, and has been successfully adapted for use in many other cultural contexts, including Canadian youth and adult justice and sentencing processes.
Restorative approaches and processes are also being used in many non-criminal law contexts in Canada and elsewhere. They can be effectively used in appropriate family law cases, particularly those involving violence, abuse, grief, betrayal, addictions, and physical and mental health issues. At Riverdale Mediation, we sometimes recommend a restorative process be used where there are more than two people involved in or affected by a very difficult dispute, and where the parties need to heal and, if possible, forgive, so that they can move on. It can be a very powerful and effective means of reaching agreements, especially in disputes involving extended families, communities, neighbours, and even in employment and partnership cases.
