An empirical study on restorative affecting factors for penal mediation — A restorative justice perspective.

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)