Vol.IV, No.2, 2013

Editorial

PROBATION junior TEAM

Abstract: We are pleased to launch our first special edition dedicated to mediation and restorative justice. We had the honour to receive some inedit and current materials regarding restorative justice in Great Britain and mediation in Romania and Great Britain. We hope that the present issue will inspire and motivate those involved in this specialty to further support the growth of these methodologies. We also hope that this edition will be a starting point for new approaches in mediation and restorative justice in countries that wish to adopt or already adopted mediation and restorative justice as practical forms of intervention in the justice system.

Key word: editorial

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Why RJ…?

Lawrence KERSHEN

Abstract: The use of mediation and Restorative Justice is developing across the world. Experience of these complementary dispute resolution methods has been built for longer in some cultures and jurisdictions than in others. This article aims to identify some of the benefits and pitfalls inherent in the adoption of these processes, and Restorative Justice in particular. The article is a personal and subjective account of the author’s experience in this field over the past 15 or so years, both as mediator and as a Board member of the Restorative Justice Council. It examines some of the key learnings to be derived from this experience that might be relevant to those interested in developing the field. The main themes that emerge are the need for an over-arching body that will promote the RJ agenda nationally, the importance of effective governance in such an organisation, the need for a communications strategy that will inform and inspire all levels of the community, and the essential role that standards play in promoting effective RJ and its acceptance by the public. It has been written in the hope not only that it will encourage and guide others who see the potential of RJ but may be at an early stage of its implementation, and also to help them to avoid some of the wrong turnings that can be taken in any process of trial and error, that is learning by experience.

Key words: mediation, restorative justice

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Where is restorative justice heading?

Theo GAVRIELIDES

Abstract: Restorative justice has emerged from communities and through the passion of dedicated practitioners, victims and offenders. The future is uncertain as governments take interest in a top down and controlled version of this community led ethos. The paper identifies three opportunities for restorative justice, alerting the restorative justice movement that if it does not restore the damages caused by its own power-interest battles, it will soon be diminished.

Key word: restorative justice

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Privatised probation: is payment by result compatible with restorative justice?

Martin WRIGHT

Abstract: The British government has announced a ‘revolution’ in rehabilitating offenders, to tackle some of the problems which many of them face, but it omits one serious disadvantage which many face: imprisonment itself. The article examines the consultative document, a central feature of which is to privatise much of the probation service on the basis of payment by results. It argues that the not-for-profit sector will be at a disadvantage, and proposes a network of local voluntary organizations, focused especially on restorative justice. The government is promoting deferred sentences; a further step would be deferred prosecution. The transformation should question the repeated emphasis on the ill-defined concept of ‘punishment’ (which is not as popular as often assumed), and replace it with ‘consequences’, which might also be unpleasant but would primarily be constructive measures aimed both at reparation and rehabilitation.

Key words: probation, restorative justice

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From boardroom to living room, does mediation fit all? A personal view

Kate JACKSON

Abstract: The shimmering glass tower offices in the City would seem at first glance to have little in common with a housing estate in west London. Commercial mediations are surely companies haggling over money and community mediations involve the personal issues of warring neighbours. However, in reality the issues in each often start with something as basic as human emotion. Though the disputes will be over different subject matters, of vastly different values, it is surprising how often both are triggered by the feelings and perceptions of the parties involved. This article will look at community and commercial mediation and assess how two sets of cases that seem so different actually appear to have much in common.

Key word: mediation

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What are the similarities and differences between commercial and community mediations? A personal view

Jane COOKSEY

Abstract: Mediation is a useful process for enhancing communication and understanding between human beings to enable a resolution of their dispute. At its core there is no difference between commercial and community mediation. What is different is the approach of the people to the mediation and the concerns that they bring to be resolved. It is these aspects that create the need for a mediator to have some different approaches.

Key word: mediation

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Restorative justice in Romania – from theory to practice

Ana BĂLAN

Abstract: Restorative justice is a theoretical concept less known, even among specialists within the field, and it is lesser known in real life. The institution of mediation and the appearance of practice, introduced with tremulous steps and sometimes challenged with virulence in what concerns using this new method as a solution among criminal disputes, has created the legal basis for elements of restorative justice to find its place in strategies and practices that target offenders’ social reintegration. A review of the international recommendations regarding using mediation for criminal cases; analyzing the Romanian legislation in what concerns mediation and how does it create a beneficial practice for both victims/offenders and community as a whole constitute the subjects of this article, from a currently mediator with experience in Romanian criminal justice system.

Key words: mediation, restorative justice

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About the inertia of the judiciary system and the effectiveness of mediation

Oana Raluca CICEU

Abstract: In the present article are presented the benefits and the difficulties of mediation as a current process in Romania. The author subtracted shortcomings from the Law 192/2006 regarding the mediation and the structure of the mediator profession, with all its updates, including the latest Law 115/2012 which brings improvements to Law 192/2006.

Key word: mediation

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