The Differences and Similarities of Restorative Justice and Mediation

By: JJ Durham

Mediation is a process where disputing parties use a neutral third party to facilitate a dialogue about their dispute.  The process is usually voluntary and the parties remain in control of the outcome. The focus is on problem solving and the mediator assists the parties by clarifying  concerns and interests, defining and framing issues, relaying information and helping the parties generate solutions. The goal is a “win win” and/or a negotiated agreement with which the parties can live.  Mediation is used commonly to resolve housing and small claims disputes.

Restorative Justice is a process where a person who has been harmed and the person who has harmed come together with others who have been affected to discuss what happened, what the impact has been, and what can be done to repair the harm. The process requires the person who has harmed to take responsibility.  The focus is to repair the harm and satisfy the needs of the person who has been harmed and others who have been affected. Restorative Justice is often used as a pre-arraignment alternative process in a criminal matter.

Both Restorative Justice and Mediation practitioners use a specific process in their work. And both Restorative Justice and Mediation practice encourages respectful dialogue and listening. The skill sets for practitioners of both processes greatly overlap.

Restorative Practices have grown from the ideas of Restorative Justice and are often used in schools to build community and create a more restorative/less punitive environment for students and teachers.