How justice mediation works

The court, police or prosecutor can suggest justice mediation as an alternative way of dealing with a complaint. Defence solicitors or barristers can also suggest justice mediation. Whoever makes the recommendation, the participation of both the complainant and the defendant is voluntary.

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. Mediation can also be used for more serious offences if both parties agree and the matter is assessed as suitable.

Justice mediation can take place at any stage of the criminal justice process. It usually occurs before a court hearing or can take place before the sentencing process. As long as a complaint has been lodged with the police, justice mediation may be an appropriate option to consider for a complainant and a defendant.

Justice mediation can also be suitable in situations involving bullying or other types of behaviour that have caused someone harm, embarrassment or upset. It only works if the person who caused the harm is willing to accept responsibility for their behaviour.

At the mediation

Under the guidance of the mediator, both parties talk through what happened and how they feel. Mediators assist both parties in discussing why and how the incident took place, what effect it has had, and how the offender might make amends.

Justice mediation usually takes about two hours and is held at the local courthouse or dispute resolution centre. If necessary an interpreter can attend.

The mediators don’t take sides. They encourage both parties to talk to each other. They help the parties work through difficult discussions and assist both parties to reach a workable agreement.

Once an agreement has been reached, the mediators will help both parties to record it in writing.