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Towards a More Comprehensive Resolution of Conflict: The Role of Restorative Justice.

King, Michael S
June 4, 2015

Source: (2008) paper presented at Bringing Justice and Community Together conference sponsored by Victorian Association for Restorative Justice14 May 2008, Storey Hall, RMIT University, Melbourne, Australia.

Restorative justice is a key development in an emerging set of approaches and
practices that also includes therapeutic jurisprudence, alternative dispute resolution,
holistic law and problem solving courts, among others. These approaches – that
comprise what Freiberg calls “non-adversarial justice” – seek to deal with multiple
dimensions of conflict and/or legal processes and to avoid the negative side effects
that can arise from a purely adversarial approach. Non-adversarial justice
emphasises values such as participant voice, validation, respect, self-determination
and collaboration. There is a need for a conceptual framework to identify the
appropriate non-adversarial justice method or methods to address particular legal
problems and the needs of the people involved. Restorative justice has a particular
role in promoting healing between parties and, where appropriate, in restoring or
transforming relationships as a part of the resolution of conflict. Research as to its
effectiveness justifies its more extended application in the legal system. (author’s abstract)


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