Samenvatting

In this article the author explains how complex mediation in criminal cases functions in the existing Dutch justice system and explores the ways in which it could advance the application of restorative justice therein. Mediation in criminal cases is applied in a setting with offender and victim and can become complex by the number of people involved. There is a difference between parties to a mediation and participants. Application of mediation in newly formulated criminal proceedings could give meditations more the character of restorative justice conferences when more participants will be involved. It is interesting to explore whether mediations in criminal cases can contribute to expanding the application of restorative justice by extending it to include the ‘community’ dimension as a party. After all, the community as such has so far not been a party in a mediation, although sometimes the community will have a direct and sometimes indirect interest in the outcome of a mediation. When the (immediate) environment also becomes part of the restorative justice intervention it can be seen as the last form of recovery. In the long run restorative (justice) conferences and sentencing circles can also be explored in line with ideas of Claessen. However, Pinkster currently warns that caution is needed to protect the principles of a fair trial, as long as criminal trials are not fully replaced by restorative justice.