ABSTRACT

This chapter examines the implications of the involvement of insurance companies as stakeholders in restorative processes in order to determine whether there is a disjuncture between the practice of restorative justice and the principles that guide that practice. The chapter discusses incidents that involve both a direct victim and the payment of a claim by an insurance company for the damage caused by an offender. The questions that arise from these incidents are central to the practice of restorative justice, notably who are the relevant stakeholders and how should they be involved in a restorative process? More specifically, should a corporate entity such as an insurance company be considered a stakeholder and, if so, what should its role be in a restorative process?