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“Restitution and Conflict Resolution in the Netherlands.”

Wemmers, J
June 4, 2015

Source: (1996) In: B. Galaway and J. Hudson (eds.), Restorative Justice: International Perspectives. Monsey, NY: Criminal Justice Press, pp. 431-444.

The Netherlands financial restitution has come to dominate restorative justice by pushing conflict resolution to the background. An experiment with creative restitution combined elements from criminal and civil law; defendants and their victims were given the opportunity to negotiate a mutually suitable solution to their conflict. The parties did not meet directly, instead negotiations were carried out by lawyers representing either of the two parties. Of 163 cases, 58 resulted in an agreement between parties. In two-thirds of these cases parties agreed on a financial settlement. The remaining cases involved a behavioral contract or personal services for the victim. Restorative justice must guard the interests of both the victim and the offender if it is to mean more than just financial restitution.


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