- Showing 2 posts filed under: Distinguishing [–], Theory [–] published between Aug 01, 2010 and Aug 31, 2010 [Show all]
Restorative justice, mediation and ADR
....There are some significant overlaps in theory and practice between RJ and ADR/mediation: mediation, for example, does require some of the same skills as restorative practices, and some of the underlying assumptions or theories are similar. Moreover, restorative practices such as circle processes can be used in many of the same kinds of situations in which one would use ADR approaches. In a broad perspective, encounter approaches within RJ can be seen as conflict-resolving, problem-solving approaches to harm.
But there are also some significant differences, especially when applied to the kind of cases that are dealt with in the criminal justice realm....
In what follows I will outline what I see to be some of the differences between RJ and ADR/mediation. I am aware, however, that in doing so I am using broad caricatures and depending on the specific approaches, these differences may not in reality be so clear.
And justice for all: Restorative justice is better for everyone
....The most extreme form of punishment in Australia under the liberal-democratic system is imprisonment. Unfortunately, as stated by Mildon in Prison Ineffective in Reducing Crime it is also one of the most ineffective andover-used. The liberal-democratic system is formalised, lengthy, complicated and expensive. Whilst these drawbacks could be justified if the liberal-democratic system was indeed adept at reducing the crime rate, this is unfortunately not the case, also noted by Mildon, with very high recidivism in particular a less than desirable feature.
Restorative justice takes a different approach and is based on the premise of righting a wrong and rehabilitating as opposed to mere punishment. White & Perrone state that it is currently only really used for youth offences as a way of diverting young people away from the liberal-democratic criminal justice system via youth conferencing.