Mediation in a Detention Context: Moralisation or Participation?

Source: (2006) Paper prepared for the CONGRÉS PENITENCIARI INTERNACIONAL: La funció social de la política penitenciària. Barcelona 2006 .

This article discusses the author’s development of mediation processes between victim and offenders in Belgium. The focus of the mediation is during the criminal justice process, particularly the punishment phase. In 2005, Belgium passed an act making mediation a part of the Code of Criminal Procedure, and mediation was introduced to address the problem of overpopulated prisons. One proposal was “restorative detention” where civil servants would work in prisons to counsel prison personnel on how to promote a restorative environment. The main goal is reinforcing prisoners to think about the harm they have caused and how they can mend that harm. The final section of the article discusses the author’s findings from employing mediation and restorative justice frameworks in Belgium prisons.