Source: (2007) Crime and Criminal Justice International. 9(9).

Penal mediation has a long history in Taiwan. It is part of local autonomy administration and has the function of auxiliary justice、restoration、diversion and high acceptance by the public. They are two purposes for this study: to find out whether the penal mediation contains the elements of restorative justice and to find out the affecting factors that could maximize the benefits of penal mediation. Two research methods are used. It interviewed 3 mediation commission chairpersons and 3 mediation commission secretaries. It also surveyed 498 mediation participants. The results of in-depth interview show that interviewees used “social conflict" rather than “crime" to view the mediation case under mediating,and penal mediation contains the elements of restorative justice, diversion, emotional release ,harm reduction and relation rebuilt. It is very important that the mediation members hold an attitude of rationality and fairness in order to achieve mediation agreement. Survey results show that more than 80% percent of the respondents positively responded to procedural satisfaction,result satisfaction ,restoration and identification with the mediation system. In addition, if there are sufficient opportunity for interactive dialogues and conciliation among participants, the mediation results are better. Multiple regression indicates that subjective procedural factors(attitudes toward the mediation commission members), and the objective procedural factors(the meeting was conducted in a circumscribed location, the amount of monetary restitution, the number of times the mediation was conducted and the length of time the meeting was conducted) are the major affecting factors of penal mediation success. It is therefore suggested that mediation meeting which is conducted in a circumscribed location, participants are able to release their emotions, commission members are fair and rational, these factors are able to increase the power and will of participants’ restoration. It is also suggested that interactive dialogues among participants should be encouraged. (authors' abstract)