First, restorative justice explores not only the protections of defendants and offenders, but also of crime victims.  Second, while procedural rights are important in adjudicative processes, restorative approaches expect that most cases will be dealt with in cooperative processes in which procedural rights are less useful than best practice standards.  Third, restorative justice is concerned not only with the rights and interests of the parties, but also with their duties.  

Nomenclature and Practice

In cooperative processes, the principal way that stakeholders are assured of fair processes is through the use of best practices.  These practices, developed over time and based on experience and values, provide guidance to the programme providers. Stakeholder protections are expressed in terms of interests, and their duties are referred to as responsibilities.

In adjudicative processes, the principal way that stakeholders can be assured of fair processes is through the use of due process protections. In this context, shareholder protections are expressed in terms of rights, and duties are referred to as obligations.

How Fair Process Expectations Are Set

The fair process expectations within the Network are identified and reviewed annually by those responsible for the cooperative and adjudicative processes. Facilitators consider their experiences in cooperative processes as well as their growing understanding of the restorative values that influence processes and outcomes.  They decide on proposals concerning practice changes in the cooperative process to bring it more in line with the values and best practices they have articulated. 

Judges from the adjudicative system also meet annually to discuss ways in which restorative values might be further integrated into procedures in the adjudicative process without jeopardizing the due process rights of stakeholders. 

How Fair Process Expectations Are Protected 

The Hub’s Steering Committee appoints a Monitoring Committee to seek feedback from parties about their experiences, review facilitators’ notes and the agreements resulting from cooperative processes, and review the sentences imposed during adjudicative processes. This committee issues a quarterly report and recommends any changes that may be needed to increase: 

1. The extent to which parties are able to influence and participate in cooperative processes
2. The extent to which parties are able to influence and participate in adjudicative prcesses
3. Easy and equal access to cooperative processes as a first option, and adjudicative processes after cooperative processes have failed to meet the interests of the parties
4. The degree to which victims and offenders report that they have been treated with dignity and respect
5. The relative proportionality of cooperative agreements and adjudicative sentences when compared to the crimes from which they stem and the differing circumstances of the victims and offenders
6. How the entire Network might become more restorative in nature

How Fair Process Expectations Are Additionally Protected In Adjudicative Processes 

In addition to the Monitoring Committee’s oversight, stakeholders participating in adjudicative processes are entitled to legal protections and review. 

Victims are allowed to engage a lawyer to represent their interests in the adjudicative process.  Their legal interests are to recover restitution for harm resulting from the harm, and to be protected from future harm to themselves.  They are entitled to introduce evidence and make arguments concerning these two issues, and to appeal adverse rulings.

Those who have been accused of crimes are provided legal assistance when they cannot afford their attorney. They also have the right to introduce evidence, make arguments, and to appeal adverse rulings.