The Norwegian Model of Victim–Offender Mediation as an Original System Approach

Abstract

Victim–offender mediation is considered the most widespread restorative justice measure. It is an institution based on a universal scheme of activities involving the victim and the offender, yet it occurs in a diverse legal environment. Various legal systems regulate the prerequisites for the use of mediation differently, defining in which cases it can be used and who can be a mediator, or giving an institutional framework to entities offering mediation services. One of the most interesting European mediation systems has been developed in Norway, which can be considered a pioneering country in terms of the origins of victim–offender mediation. Comprehensive legal regulation of mediation is a Norwegian peculiarity; it will be analysed in this article against the background of Polish solutions. This analysis will be a starting point for outlining the pitfalls and challenges facing mediation in Norway.