Fairness and Justice

For the traditional system justice means that a prosecution has been carried out fairly; that is, the prescribed procedures to be followed in a prosecution have been adhered to (Van Ness, 1986 at 117). Fairness is measured by the extent to which procedures were followed, "not whether they [produced] a just result, a fair outcome for the accused, satisfaction for the victim or harmony in the community" (McElrea, 1994 at 93).

Participants in restorative processes appear to have significantly different conceptions of fairness than those of the traditional system when it comes to achieving justice for the parties. Studies show that victims and offenders are significantly more likely to be satisfied with participation in a mediation programme, and to experience a greater sense of fairness, than with participation in traditional processes (Umbreit, et al., 1994 at 20, 82-87). Victims ranked the following factors as the most significantly related to their post-mediation understanding of fairness:

1. providing help for the offender;
   
2. paying back the victim for losses; and
3. receiving an apology from the offender. 

While offenders ranked the following factors as the most significantly related to their post-mediation understanding of fairness:

1. paying back the victim for losses;
2. personally "making things right"; and
3. offering an apology to the victim.

This document prepared by Christopher Bright. Copyright 1997 by Prison Fellowship International.