4. A restorative outlook on the Nordics: overviews and in-depth explorations

Despite variations in how mediation and RJ are implemented and applied, common ground has been found in the underlying values, guiding principles, and shared visions for the future. In this context, the Nordic region stands out for its unified foundation of values. At the same time, emerging global challenges and evolving criminal trends present a collective concern.

4.1 European legal framework and the implications for Nordic countries.

Dr. Ian Marder is Associate Professor in Criminology at Maynooth University School of Law and Criminology at the National University of Ireland.

Dr Ian Marder’s presentation is found in the appendix.

Summary of the lecture

Dr. Ian Marder's presentation explores how the European legal framework supports the development of RJ, particularly in the Nordic context. He emphasizes that RJ should be accessible to all individuals at every stage of the justice process and suggests that it is increasingly being recognized as a human right. The Council of Europe has issued recommendations to promote RJ, calling for national action plans, inter-agency collaboration, standards of practice and the removal of barriers such as gatekeeping and limited information sharing. RJ is also recognized in EU: s victims' directive, although not as strongly promoted.

Marder highlights the Nordic countries as leaders in justice reform and encourages them to continue setting an example by implementing inclusive strategies, consider automating referrals for assessment, and applying restorative principles beyond criminal justice. He draws on findings from the “Restorative Justice: Strategies for Change” project, which showed that meaningful change is possible through coordinated efforts among policymakers, practitioners, and researchers. The presentation concludes with a call to action for Nordic countries to build on their strengths and lead the way in embedding restorative practices across society.

4.2 Restorative Justice in criminal matters – Comparison of the Nordic countries

Ivo Aertsen is Emeritus Professor of Criminology at the University of Leuven in Belgium.

Prof. Ivo Aertsen’s presentation is found in the appendix.

Summary of the lecture

Professor Ivo Aertsen’s presentation offered a comprehensive overview of RJ in the Nordic region from a European and global perspective. He highlights the aspirations of RJ—such as meeting victims’ needs, supporting offender rehabilitation, and strengthening communities—while also addressing key challenges like underuse, institutionalization risks, and unequal access. The presentation is based on the forthcoming International Encyclopaedia of Restorative Justice, which documents RJ developments across six global regions. In Europe, RJ – especially victim-offender mediation – is widespread but often limited to minor offenses and controlled by criminal justice agencies. Nordic countries show varied progress: Finland and Norway have well-established, nationally coordinated systems with strong community involvement; Denmark and Sweden have more limited and fragmented practices; Iceland has seen minimal implementation. Aertsen emphasizes the need for broader societal engagement, better communication of RJ’s benefits, and a balance between formal integration and preserving RJ’s core values. The Nordic region, with its mix of top-down policy and grassroots initiatives, offers valuable lessons for advancing RJ both regionally and globally.

RJ varies significantly across the Nordic countries in terms of development, institutional support, and practical implementation.

Finland

Developed and institutionalized RJ system.
RJ is integrated into national legislation (e.g., Mediation Act 2006).
Services are coordinated by the Institute for Health and welfare (THL) with strong municipal involvement.
Broad application: criminal cases and disputes, schools, workplaces, and intercultural conflicts.
High number of volunteer mediators and strong community involvement.

Norway

Also highly developed, with a national mediation service (NMS) under the Ministry of Justice, legislation on RJ since 1991.
Long history (since 1981), with a mix of top-down policy and bottom-up community engagement.
Covers both civil and criminal cases, including serious offenses.
Strong focus on youth justice and restorative practices in civil society.

Denmark

Main program: Konfliktråd (Victim-Offender Mediation), coordinated by police. Legislation on RJ since 2010.
Available for all offenses but a decreasing number of referrals.
Weak public awareness and limited political or institutional support.

Sweden

Mediation mainly for juveniles, co-ordinated by municipalities.
No national coordination or consistent data collection.
Lack of political interest and structural support has led to fragmentation.

Iceland

Small-scale pilot projects with minimal continuation.
Mediation mostly police-led and limited to youth and minor offenses.
No strong grassroots or political movement supporting RJ.