Exploring the Practice of Victim-Offender Mediation, to Proceed or Retrieve: The Case of Ghana

Abstract

In contrast to the State-centred perspective, which is based on criminal jurisprudence and holds that crime is committed against the State  rather than the victim, the primary party. Victim-Offender Mediation (VOM), also known as restorative justice or transformative  justice, aims to resolve some criminal offenses amicably. It appears the State is ignoring the victim's needs, restoration, interests, fears,  and desires in order to proceed with the prosecution as it sees fit to settle its disputes in the strict criminal justice system. Outcomes  sometimes appears unsatisfactory to victims, offenders, families, and the public. The paper conducts a theoretical and historical  examination of VOM from a global as well as a Ghanaian viewpoint. Despite a few minor difficulties, it notes that VOM has been embraced by many states all over the world because the benefits far outweigh the drawbacks. Additionally, it has been noted that  Ghana's judicial system supports the use of VOM. In particular, the Courts Act, 1993, the Alternative Dispute Resolution Act, 2010, and the  Court- Connected ADR Practice Manual, 2010 call for the encouragement, promotion, and facilitation of amicable settlements of offenses  that do not amount to felonies and do not qualify as serious offenses. The practice of VOM in Ghana has not only helped victims receive  restorative justice and emotional healing, improving access to justice for the poor and vulnerable, but has also contributed to reducing  the load and pressure of cases placed on the courts, which causes the wheel of justice to turn grind slowly. As a result, rather than  eliminating VOM in Ghana, efforts must be made to strengthen and institutionalize it.