ABSTRACT
As conferencing is currently being implemented in Belgium, 1 this chapter explores some of the differences between a common law and a legalistic system of Justice. While it is not the intention to try to discuss all these differences, I should like to highlight here the fact that some elements between these two systems are indeed different, and that these differences can lead to the creation of a somewhat different model of conferencing, with different accents. The focus here is on the Belgian model of conferencing rather than on other restorative practices. However, it may well be that differences between practices are a result of differences in the justice systems within which they are implemented. For example, victim– offender mediation is still developing in many European legal systems, while conferencing has been implemented in such common law countries as New Zealand, Australia, the UK, the USA and Canada.
