Restorative justice, on the other hand, seeks to involve all the people affected by the crime. Consequently, both the victim and the offender take a more active role in the outcome of the case. The community, also considered an affected party, is likewise involved through the mediator who is often a community volunteer. What transpires in a mediation depends on the parties, their dispute and the type of mediation used. In criminal justice or juvenile mediation, the mediator meets with each party before the mediation to prepare them for the joint meeting and to assess the potential productivity or counterproductivity of the encounter.
Subsequent steps are common to most mediations.
The parties meet and the mediator acquaints them with the process and elicits their agreement to the ground rules of listening, no interruptions, no insults, and the like. Each party then makes an uninterrupted position statement followed by a two-way exchange in which the parties ventilate their concerns and gather information. With the help of the mediator, the parties clarify the interests and issues involved and, preferably one issue at a time, generate options, bargain and negotiate. This process optimally concludes with a mutually satisfactory agreement. The ADR statute does not mention specific times when the court may or may not refer cases to mediation.