Digital tools in restorative justice: a useful complement

Providing a space for dialogue for the victim and the offender to resolve the dispute is the principle behind restorative justice. A new study by the Universitat Oberta de Catalunya (UOC), published in the Current Issues in Criminal Justice journal, shows that the use of mobile applications such as WhatsApp and Telegram and video calls on platforms such as Zoom and Skype are beneficial for fostering dialogue in these processes.

The research, carried out by Pablo Romero Seseña as part of his thesis –under the supervision of full professor Josep Maria Tamarit and professor Marc Balcells–, in the doctoral programme in Law, Politics and Economics at the UOC, explores a field which the researcher says has been studied to a very limited extent due to this type of justice's long-standing reluctance to incorporate digital tools in restorative processes. However, the exceptional circumstances arising from isolation during the pandemic made the use of online resources essential. The study concludes that the result was highly positive, and that these tools could be a useful complement for this type of meeting.

Justice that fosters dialogue

Restorative justice, also known as reparative or compassionate justice, emerged as an alternative philosophy in the 1970s. Instead of considering disputes as being between the individual and the State, it viewed them in terms of the people involved resolving them themselves. As an example, this model can be applied in less serious cases, such as two people who have been in a fight and later agree to meet to talk about what happened, as well as in more serious situations, such as those involving meetings between the victims and perpetrators of terrorist attacks.

"Information and communication technologies can be very useful in restorative justice when seen as one resource among a range of others," explained the researcher, a member of the VICRIM (Empirical and Applied Victimology) research group, in the Faculty of Law and Political Science. "This is not an issue that should be seen from a black or white perspective; it's not an alternative between doing everything online or everything face-to-face."

Advantages of digital tools

26 mediators from Catalonia, Navarre and the Basque Country, autonomous communities in Spain with a tradition of using this type of justice, were interviewed in the study. These tools were found to improve the process almost every time they were used.

The study shows that there are two points in time when digital resources are particularly valuable: at the beginning of the process, when the first contact between the parties involved takes place; and at the end, when conclusions are drawn and consideration is given to the monitoring.

"The most interesting thing is that even the interviewees themselves were surprised by how useful these tools were," explained Romero. "Until the pandemic, people thought that there was no substitute for a face-to-face meeting. But they themselves discovered that they are sometimes useful."

Making initial contact using a mobile phone or a video call is a situation in which these mechanisms are beneficial. "It makes communication much easier and easier to relate to than the traditional letter or phone call that has been used to date," explained Romero.

It also has advantages when a face-to-face meeting is difficult, either because of the geographical distance between the victim and the offender, or due to personal circumstances, such as medical problems or health conditions.

Other more complicated cases are those in which the victim refuses to meet the offender in the same place. "Those are particularly interesting cases," explained Romero, "because some people find it much easier to see their attacker on a screen, and it can be a preliminary step in preparing a face-to-face meeting."

According to the researcher, the great advantage of digital tools is that they provide a service that is more personalized and tailored to the needs of those involved. They can also speed up logistical processes, and make the judicial system more flexible.

The limits of online communication

However, digital communication is not without its limitations. The research mentions difficulties in conveying emotional content, lower levels of spontaneity and barriers to understanding aspects of non-verbal communication.

Among other issues, the mediators interviewed found that they had fewer resources to deal with complex situations. "For example, if one of the participants says something that is inappropriate in a face-to-face meeting, the mediator can prevent it with a glance," explained Romero, "but that is much more difficult when you are using a mobile phone or computer."

The digital divide, with limitations in digital resources and knowledge, was also a barrier to using these tools. Their use should therefore be seen as a complement to speed up and facilitate the process, but not as a substitute for face-to-face dialogue.

According to Romero, the next step is to continue the research. No quantitative studies providing more data on the use of these tools have been performed, and the point of view of the other participants as well as the mediators needs to be ascertained. "It is important to determine how the participants in the restorative process experience it in order to find out the best way to incorporate all these instruments."

This research works towards the UN Sustainable Development Goal (SDG) 16, Promote just, peaceful and inclusive societies.

Reference article

Romero-Seseña, P. (2024). Applicability and uses of the online environment in restorative mediation: towards a digital restorative justice? Current Issues in Criminal Justice, 1–19. https://doi.org/10.1080/10345329.2024.2319919

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