Mediation and the criminal justice system: Can the two be married?
Mediation and the criminal justice system: Can the two be married?
Author: Monique Carels
ISSN: 1996-2118
Affiliations: LLB (UWC) LLM (Missouri) LLM (UWC); Lecturer, Department of Commercial Law, Faculty of Law, University of Cape Town
Source: South African Journal of Criminal Justice, Volume 37 Issue 3, p. 395-418
https://doi.org/10.47348/SACJ/v37/i3a5
Abstract
The primary method of dispute resolution in South Africa’s criminal justice system is litigation, which is based on retributive justice and the punishment of offenders. In contrast, mediation is founded on restorative justice principles. This paper examines the differences between litigation and mediation, and discusses the application of mediation and restorative justice in criminal cases.
South Africa is no stranger to restorative justice practices. Victim-Offender Mediation (VOM), Family Group Conferences, and diversion, in terms of the Child Justice Act, are forms of restorative justice and mediation. This paper discusses the benefits and obstacles to criminal law mediation to examine whether mediation and the criminal justice system can be married. Overall, this paper explores the effectiveness of mediation in addressing criminal issues and, if successful, outlines its potential inclusion in the current criminal justice system.