Justice Beyond Punishment: Exploring The Efficacy Of Victim-Offender Mediation
Adv. Agam Sharma, Legal and Compliance Officer, I Support Foundation Autism Specialized School
Ms. Nandini, Teaching and Research Associate, Gujarat Maritime University
ABSTRACT
Restorative justice, as a framework for addressing crime and conflict, emphasises restoration, accountability, and reconciliation between victims and offenders. This paper examines the evolution of victim-offender mediation within restorative justice, tracing its historical roots and global adoption. It explores how victim-offender mediation emerged as an alternative to punitive justice systems, offering victims an opportunity to participate and bring forward the harm caused to them, offenders a chance to take responsibility, and communities a chance to come forward and realise the actual problems and rehabilitate both the victim and the offender. The study compares the implementation of victim-offender mediation across various jurisdictions, highlighting its cultural adaptability, legal integration, and challenges in achieving fairness and efficacy. By analysing different case studies, the paper underscores the transformative potential of mediation to repair harm and reduce recidivism. Ultimately, it advocates for greater recognition of restorative practices in legal frameworks and calls for a balanced approach that respects the rights of all stakeholders while ensuring justice. It shall also include the analysis and the way forward towards the end.
Keywords: Restorative Justice, ADR, Criminal law, Victim-Offender Mediation, Plea Bargaining, Cyber Crimes, India.
