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A study of types of processes in criminal mediation in France

Lazerges, Christine
June 4, 2015

Source: (1998) In Support for crime victims in a comparative perspective, ed. Ezzat Fattah and Tony Peters, 205-218. A collection of essays dedicated to the memory of Prof. Frederic McClintock. With a preface by Ezzat Fattah and Tony Peters. Leuven, Belgium: Leuven University Press.

Lazerges presents three types of mediation processes active in France in different settings. As she does, she begins to address a number of important questions about mediation in the criminal justice context. Some of those questions and issues include the following. What is the relevance of ancient mediation practices to current criminal justice and mediation practices? What are the various procedures and purposes of mediation? What is or should be the relationship of mediation in criminal matters to state laws, agencies, and purposes? What are the benefits and risks in various types of mediation processes? In view of these questions and issues, Lazerges examines three types of mediation processes operating in France: (1) criminal mediation directly under judicial control (internal to the justice system, with the judge being the third party to the conflict); (2) community-based criminal mediation under judicial control (i.e., mediation delegated by the judiciary to community groups to act as mediators); and (3) community-based criminal mediation apart from judicial control (i.e., mediation processes that operate without judicial instigation or control; these include individual and informal mediations, and collective and organized mediations).

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