Justice mediation
Justice mediation is a face-to-face meeting between a person who has been harmed in an incident (the complainant) and the person responsible for the incident (the defendant). It is voluntary, confidential and free.
The complainant can talk about how they were affected by the defendant's actions and the defendant has an opportunity to try to repair the harm their actions have caused. Friends or relatives may attend the session to offer support.
Specially trained mediators help to guide the discussion about the offence and how the offender might make up for causing the damage or harm. The aim is to work out ways the offender can make amends. Making amends means being responsible for actions. It may involve:
- returning stolen property
- agreeing to do something for the complainant, such as paying money or repairing damage
- making an apology.
A defendant's assurance that the offence will not be repeated can help repair the emotional harm suffered. Sometimes defendants agree to attend counselling or enrol in special courses.
Mediators come from the Dispute Resolution Branch and are drawn from all walks of life. Mediators take an oath of secrecy and are independent of the courts and police.
Arranging justice mediation
If you are a complainant, you can discuss justice mediation with the investigating police officer or prosecutor. If you are a defendant, you can discuss justice mediation with your lawyer or the investigating police officer or prosecutor.
How justice mediation works
Justice mediation is usually used for offences heard before a magistrates court. Offences include stealing, assault, wilful damage and unlawful use of a motor vehicle.
Justice mediation for complainants
Justice mediation gives the complainant a chance to talk about the hurt, loss and inconvenience the defendant's behaviour has caused, and their feelings about the incident.
Justice mediation for defendants
If you have harmed someone or damaged their property, justice mediation gives you the opportunity to own up to what you have done, accept responsibility for your actions and take steps to repair the harm or damage you caused.