Mediation In The Criminal Justice System: An Examination Of Its Impact On Restorative Justice
- IJLLR Journal
- Mar 6
- 1 min read
Pooja D, LLM (Intellectual Property and Trade Law), School of Law, CHRIST (Deemed to be University) Bengaluru, India
ABSTRACT
Mediation in the criminal justice system has gained prominence as a key restorative justice approach, fostering reconciliation, offender accountability, and victim participation. It provides an alternative to punitive measures by facilitating structured dialogue between victims and offenders, allowing for meaningful resolution and addressing the root causes of criminal behaviour. Various models, including victim-offender mediation, community conferencing, and sentencing circles, have demonstrated effectiveness in reducing recidivism, enhancing victim satisfaction, and promoting offender rehabilitation. These mechanisms prioritize conflict resolution, emphasizing mutual understanding, restitution, and community involvement.
Research indicates that mediation helps alleviate court congestion by diverting cases from traditional judicial proceedings, leading to more efficient case resolution while ensuring justice is served. Additionally, mediation empowers victims by giving them an active role in the justice process, fostering closure and emotional healing. Offenders benefit from rehabilitation-focused interventions, reducing the likelihood of reoffending and supporting their reintegration into society. The increasing adoption of mediation in legal frameworks worldwide highlights its transformative potential in reshaping contemporary criminal justice practices. By promoting dialogue, accountability, and restorative outcomes, mediation contributes to a more humane, participatory, and effective justice system. This study examines the impact of mediation on restorative justice, exploring its effectiveness in achieving fair resolutions, fostering long-term rehabilitation, and strengthening community cohesion.
Keywords: Mediation, Criminal Justice System, Restorative Justice, Victim- Offender Mediation, Recidivism, Alternative Dispute Resolution, Conflict Resolution, Rehabilitation, Victim Participation, Court Diversion, Restorative Practices
