Looking at Community-Based ADRS in India Through a Restorative Justice Perspective

Abstract

Restorative justice is a type of alternative dispute resolution, but not all ADR (Alternative Dispute Resolution) procedures constitute restorative justice. This chapter examines community-based alternative dispute resolution systems, attempting to distinguish the similarities and differences between ADRS (Alternative Dispute Resolution Systems) and restorative justice procedures. It examines whether these community-based ADRs adhere to restorative justice principles such as victim empowerment, deliberate effort by those involved in decision-making to reduce stigmatization and punishment of the offender, emphasis on strengthening or repairing interpersonal relationships, and so on. It also looks into whether formal restorative justice processes could imbibe some of the good features of these community-based ADRs.