Informal reckonings: conflict resolution in mediation, restorative justice, and reparations

Abstract

Part 1: Formal and Informal Justice: What is 'Formal' Justice? The Critique of 'Formal' Justice. The Reparational Turn: Emerging Visions of 'Informal' Justice. The Informal/Formal Justice Complex. Justice: The Grand Illusion? Part 2: Resolving Conflict in a Changing World: Understanding Transformations in the Juridical Field. Neoliberalism and Governmentality. Communicative and Instrumental Forms of Informal Justice. Changing Historical Contexts and Changing Justice Practices. The Quest for Redemption (Perpetrators and Victims) Part 3: Mediation as 'Informal Justice': What is Mediation? Its Origins and Position in the Juridical Field. Mediation Within the Field of Civil Conflict. The Strengths and Weaknesses of Mediated Settlements. Splits in Mediation Practice: The Fragmentation of the Mediation Field (e.g. Evaluative, Facilitative and Transformative Mediation). The Prospects for Mediation in the Informal/Formal Justice Complex Part 4: Restorative Justice as 'Informal' Justice: What is Restorative Justice? Its Origins, Intersections With Mediation and Position in the Juridical Field. Restoration Within the Field of Criminal Conflict. The Strengths and Weaknesses of Restoration. Splits in the Practice of Restoration: 'Communitarian' and 'Governmentalist' Restoration. The Prospects for Restorative Justice in the Informal/Formal Justice Complex Part 5: Reparations As Informal Justice: What Are Reparations? Their Origins, Intersections with Mediation and Restorative Justice and Position Within the Juridical Field. Reparations Within the Fields of National and International Conflict. The Strengths and Weaknesses of Reparations. Splits in the Field of Reparations: Reparations for Justice and Reparations for Certainty. The Prospects for Reparations in the Informal/Formal Justice Complex Part 6: Conclusions. Summary of Noted Tensions and Contradictions in the Juridical Field (Pertaining to Mediation, Restorative Justice and Reparations). Reconfiguring the Informal/Formal Complex. Towards 'Transformative Justice'