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In the shadow of penal law

Victim—offender mediation in Germany and France

This article aims to demonstrate that German and French Victim—Offender Mediation schemes (VOM), in contrary to mainstream opinion, do not seem to work but face enormous problems, which prevent the procedure from putting into practice its intended aims. In her qualitative study on VOM, the author evaluated the interaction process between participants and mediators from a micro-sociological point of view. Based on that evaluation, it is suggested that VOM is not able to put into practice its specific modus operandi within the framework of a penal procedure.

Key Words: interaction analysis • penal law • Restorative Justice • Victim—Offender Mediation

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