Source: (2001) Judicial Explorations (Justiteile verkenningen) 27(3)
The author differentiates between three main forms of mediation: reparation of harm, settlement of conflict, and mediation. Apart from the reparation of harm on the basis of the so-called “Aanwijzing Slachtofferzorg,” these forms of mediation have not yet developed beyond the project stage. Settlement of conflict is mainly a matter for the police, especially in cases of less serious crimes. A lot of facts that have not come to the attention of the police can be appropriately handled in the context of neighborhood mediation. In this way, further escalation can be prevented. According to the author, there are some risks in mediation. One of them is the use of a less severe punishment after a successful mediation. Another issue is whether the police can be independent mediators. The author advises that it is important to specify the preconditions of mediation more clearly. He recommends the development of a national, structured form of mediation.
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