Restorative justice and corporate accountability

July 4, 2021

Restorative justice has been used in the criminal justice process in a number of jurisdictions in order to address not only the material and physical damage caused by a crime, but the social, psychological and relational injuries as well. 

While it is not intended to completely replace the traditional trial and sentencing process, it acts in a complementary way, focusing on dialogue by all stakeholders affected by the crime and seeking reparation, recognition, understanding, empowerment and positive change going forward.

There are several ways that restorative justice mechanisms can be incorporated into the criminal justice system, including through victim-offender mediation, family or group conferencing and peace-making or sentencing circles. 

Equally, restorative mechanisms can be used in other institutional settings, including organizations, schools, hospitals, workplaces and residential care settings. 

Participating in recent events and discussions organized by the European Forum for Restorative Justice has made me think more broadly about conflict resolution and healing in the context of corporate social responsibility. 

How could restorative justice mechanisms be put in place to repair damage caused to consumers and communities?  For example, in the context of environmental damage, toxic torts or data breaches?

How can restorative justice be used to transform the current model of corporate accountability—based on financial penalties paid to foreign regulators to resolve allegations of fraud or bribery—into one that prioritizes restoration and remediation for those affected by the damage?

How can the role of the lawyer be transformed from one of zealous advocacy in an adversarial context to one of mediation and conflict resolution for all stakeholders?

CPM