During what process is the amount of restitution typically determined?

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The determination of restitution is commonly associated with a victim-offender mediation session. This process involves direct dialogue between the victim and the offender, where the focus is on understanding the impact of the crime on the victim and discussing appropriate reparations. The foundational principle of this mediation is to facilitate communication, ensure that the victim's needs and losses are acknowledged, and allow the offender to take responsibility for their actions.

In such sessions, the amount of restitution can be concretely addressed, as both parties have the opportunity to negotiate and agree upon a figure that reflects the harm caused. This can lead to more satisfactory outcomes for victims, as they can express their needs directly.

While court hearings are indeed a formal avenue where restitution amounts can be set, the mediation process specifically emphasizes the collaboration and reconciliation aspects, making it a more personal approach to determining restitution amounts. This context reflects a restorative justice model that seeks to repair harm rather than just impose punitive measures, highlighting the importance of victim input in the restitution process.

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