Handbook on Restorative justice programmes

Part of formal 
Integrated into 
as an alternative to 
diversion 
the justice system’s 
formal response
programme
response
Formality
Very informal
Somewhat informal
Very formal
Position of programme in relation to the use of punishment
The process takes  
Punishment is one 
The process 
place inaddition 
of the outcomes 
and its outcome  
to punishment
of the process
are a substitute 
to punishment
Arbitration involved
Does not involve 
Involves an element 
Is essentially a process
any arbitration
of arbitration
of arbitration
Involvement of legal counsel
No legal counsel 
Role of legal counsel limited
Legal counsel 
involved
(e.g. to ensure informed 
involved
consent of offender)
Involvement of criminal justice officials
None
Limited involvement 
The programme is
of criminal justice 
operated by criminal
professionals (e.g. 
justice officials
primarily for referrals)
Community involvement
Full community
Only family or 
Limited community
Essentially no
participation
small element of
involvement
involvement 
community involved
of community
Involvement of victim 
Central
One of many
Indirect 
A surrogate
Little or no
participant
participants
involvement
victim is used
involvement
Provision of victim assistance
No or little 
Provision of 
Primary focus on 
assistance provided 
some assistance
victim assistance
Programme delivery mechanism
By independent 
By voluntary sector with
By government 
NGOs and 
funding and/or direction
agency
voluntary sector
from government agency
Focus on offender rehabilitation
Almost none
One of many aspects 
Main focus on 
of the process
offender rehabilitation 
and recidivism 
recidivism prevention
Focus on reparation
Central and 
Reparative measures are 
Limited focus 
essential focus 
included in the outcomes, 
on reparation 
on reparation
but mostly incidentally
for the victim
Table 1.
Varying characteristics of existing programmes

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Best practices and a careful consultation process should inform all the
decisions made in developing a programme. It is also often the case that
the introduction of restorative programmes in a particular social, legal or
cultural setting must be accomplished progressively or even iteratively,
starting with more modest initiatives that have the potential to create the
experience of success, strengthen community resources, conquer remain-
ing hesitations within the criminal justice system and prepare everyone for
some more challenging initiatives. 
2.3 Victim-offender mediation
Victim-offender mediation programmes (also known as victim-offender
reconciliation programmes) were among the earliest restorative justice
initiatives. These programmes are designed to address the needs of crime
victims while insuring that offenders are held accountable for their offend-
ing. The programmes can be operated by both governmental agencies and
not-for-profit organizations and are generally restricted to cases involving
less serious offences. Referrals may come from the police, the prosecutors,
the courts and probation offices. The programmes can operate at the pre-
charge, the post-charge/pre-trial and post-charge stages, and involve the
willing participation of the victim and the offender. The programmes can
also offer a pre-sentencing process leading to sentencing recommenda-
tions. When the process takes place before sentencing, the outcome of the
mediation usually is brought back to the attention of the prosecution or
the judge for consideration. The victim-offender mediation process can
also be used successfully during the offender’s incarceration and can
become part of his or her rehabilitation process even in the case of offend-
ers serving long sentences.
chapter 2