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Restitution and Conflict Resolution in the Netherlands (Restorative Justice: International Perspectives, P 431-444, 1996, Burt Galaway and Joe Hudson, eds. -- See NCJ-172607)

NCJ Number
172631
Author(s)
J M Wemmers
Date Published
1996
Length
13 pages
Annotation
This paper profiles an experiment with creative restitution in the Netherlands and presents the results of an evaluation.
Abstract
By the early 1970s, conflict resolution and restitution were gaining attention as alternatives to imprisonment in the Netherlands. Currently, financial restitution dominates restorative justice at the expense of conflict resolution. There are possibilities for restitution in both criminal and civil law. 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 conducted by lawyers who represented each of the two parties. Of 163 cases, 58 resulted in an agreement between parties. In two-thirds of these cases, the 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 involve more than just financial restitution. Despite its shortcomings, the experiment described in this paper provides one example of how elements from civil and criminal law can be combined in restorative justice. Conflict resolution provides a viable alternative to sanctioning and allows parties to reach a mutually suitable solution to their conflict; however, it must be done with caution. 14 references