In restorative justice cases, the amount of restitution is determined at which event?

In restorative justice, the victim-offender mediation session is a critical event where the dynamics of healing and restoration between the victim and the offender take place. During this session, both parties come together to discuss the impacts of the crime, the feelings involved, and the necessary steps for the offender to make amends. A key aspect of this process is determining the restitution amount, which aims to financially compensate the victim for their losses and repair the harm done.

The mediation session encourages open dialogue and a collaborative approach, allowing the victim to express their needs and the offender to take responsibility. This context helps to establish a sense of accountability and facilitates a resolution that is more likely to be accepted by both parties, rather than being imposed externally by a third party such as a probation officer or prosecutor. Therefore, the mediation session stands as the pivotal moment for discussing and agreeing upon restitution.

In contrast, although probation officers, prosecutors, and parole hearings play significant roles in the criminal justice system, they do not typically engage in the direct negotiation of restitution amounts that reflects the personal and unique nature of what happened in each specific case, as is done in victim-offender mediation.