Justice mediation for defendants

Benefits of justice mediation

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
• take steps to repair the harm or damage you caused.

At justice mediation, you are expected to accept responsibility for your behaviour and acknowledge the impact that it has caused the complainant.

You may not find it easy to meet with the complainant and their supporters. To prepare for a mediation it can be useful for you to imagine how you feel if the incident had happened to you, your family or property.

Complainants are often very upset about what has happened to them. They usually want to express their emotions and feelings about the incident. This is a very natural response.

The mediators will help manage the strong emotions and direct the discussions towards a positive outcome for everyone. The mediation will focus on what happened, the effects on all parties and what can be done to repair any harm that resulted.

Arranging justice mediation

The following bodies can refer matters to us for justice mediation:

• police
• the Office of the Director of Public Prosecutions
• the court.

When we receive a referral, we contact the parties to confirm they are willing to participate. Careful preparation and assessment always takes place before mediation happens.

You can talk about how and why the incident happened. You will then hear the complainant and their support people talk about the incident and the impact it has had on their lives.

The group will then have an opportunity to discuss how the harm can be repaired. When you and the complainant have agreed on the best way to make amends, you will be able to sign an agreement with the complainant.

After an agreement is reached

If the mediation was a:

• police referral - if an agreement is reached and you comply with it, the matter can be finalised without sending the matter to court
• prosecutor referral - if an agreement is reached, the prosecutor is notified and they may decide not to proceed any further with the matter
• court referral - a successfully completed agreement may be the end of the matter or may be taken into account during sentencing.