Handbook on Restorative justice programmes

HANDBOOK ON RESTORATIVE JUSTICE PROGRAMMES
앫 Confidentiality as between parties and with regard to other agencies,
including  “Chinese walls” with another part of the same agency having
a distinct function in respect of the case (this is to ensure that restorative
practices are not undermined by drives towards system integration)
앫 Facilitating the participation of a weaker party in a negotiation
앫 Upholding public moral standards of behaviour in the mediation/confer-
encing process and in proposed settlements
앫 Mediators to have no other role in respect of the case
앫 Adherence to best practice guidelines within the restorative justice
movement
앫 Commitment to initial and continuing accreditation training
앫 Commitment to an ethos of constructive conflict resolution within the
workplace (this is to ensure internal integrity)
앫 Commitment to improving practice through monitoring, audit and par-
ticipation in research
앫 Commitment to improving practice through reflection upon practices
and personal growth on the part of mediators

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Most observers would acknowledge that the application of restorative jus-
tice measures is still at the exploratory stage and that more information on
their application and operation is needed. Successful implementation of
restorative justice programmes requires strategic and innovative initia-
tives that build on the collaboration of governments, communities, non-
governmental organizations, victims and offenders. In addition to new
programmes, existing justice structures and processes may be adapted to
incorporate elements of restorative justice.
There are a number of crucial steps that contribute to the effective imple-
mentation and sustainability of restorative justice initiatives. They
include: legislation; leadership and organization; securing a buy-in by the
criminal justice system; identifying and mobilizing community assets;
carefully designing the programme to build on the existing strengths of
the community and the justice system and account for existing contingen-
cies; and careful planning and monitoring of the implementation process.
This section will discuss each one of these questions.
In addition, a number of key factors associated with the successful imple-
mentation of restorative justice programme
27
include:
앫 A strategic approach;
앫 Strong leadership from senior criminal justice managers;
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27 
See Miers, 2003.
4. From principles 
to practice: 
implementing
restorative justice
programmes

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앫 Effective communication about and support for restorative processes
among justice personnel;
앫 The integration of restorative processes into the justice system,
rather than these processes being, or being viewed as, an “add on”;
앫 Effective communication strategies to educate and inform the com-
munity, the police, the judiciary, correctional authorities and others
involved in the delivery of justice services;
앫 Utilizing local resources and experience, including the voluntary sector;
앫 Collaborative partnerships between criminal justice agencies and
personnel and community-based organizations;
앫 Collaborative partnerships between criminal justice personnel and
the voluntary sector;
앫 A clear operational framework, including protocols that define areas
of jurisdiction and responsibility;
앫 The development of criteria that guide the referral of cases to
restorative processes, including determining which cases/offenders/
crime victims would derive the most benefit from such referral;
앫 Effective and comprehensive training for criminal justice and
community-based programme staff;
앫 Well developed skill sets and areas of expertise among justice and
community-based personnel;
앫 The creation of valid performance measures or indicators.