Rwanda’s Judiciary has introduced victim-offender mediation, a restorative justice process that allows offenders and victims to resolve disputes outside the courtroom. The decision follows the Supreme Court’s General Assembly approval on August 11, and the issuance of Practice Directions of September 3, published in the official gazette on September 4. ALSO READ: Why does mediation in resolving business disputes matter? The procedure is expected to ease case backlogs, speed up the delivery of justice, and promote reconciliation. Here are five things you need to know about what the regulations say about victim-offender mediation. 1. Purpose of mediation and when it applies The new guidelines set clear procedures for mediation in criminal cases. The idea is to deliver restorative, speedy, and fair justice, focusing more on accountability and rehabilitation than punishment. ALSO READ: Over 4,000 cases resolved through mediation in five years This type of mediation applies if the offence carries a sentence of five years or less, both parties voluntarily agree to it, and the offender shows remorse and readiness to compensate the victim. The approach also seeks to restore broken social ties and discourage repeat offences. 2. When it does not apply, and how cases are referred Not all cases qualify. Mediation is ruled out in matters involving organized crime, habitual offenders, or situations where it could compromise public order or lead to a miscarriage of justice. It also excludes offenders with a record of evading justice or breaking previous mediation agreements. Courts can refer eligible cases to mediation at any stage of legal proceedings. Once the victim consents, litigation is suspended, and if an agreement is reached, the case is discontinued. Either side can request mediation, and the court has the power to appoint or even replace the mediator. 3. Multiple parties and ending the process In cases with multiple offenders, mediation can proceed with those who agree to take part. However, if there are numerous victims, mediation can only go ahead if all of them consent. The process can end at any point before validation if one party withdraws, if the offender dies, or if an agreement cannot be reached. 4. Validating agreements, enforcement, and challenges The president of the court or the judge handling the case must validate any agreement reached through mediation of the offender and the victim. If the case has already reached the hearing stage, the bench validates it. Courts must ensure participation was voluntary and lawful before approving the agreement. Once validated, the agreement becomes binding and enforceable as a court order. Non-compliance triggers enforcement measures. However, a court may nullify the agreement if it was reached through fraud, coercion, or concealment of facts. If validation is refused, the reasons must be provided in writing, and the agreement becomes void. 5. Confidentiality and building on existing practice Victim-offender mediation sessions are held in camera, and discussions remain confidential, unless disclosure is necessary to prevent or respond to serious crimes. Statements made during mediation cannot be used outside the process. It should be noted that this approach is not entirely new. The Rwanda Investigation Bureau (RIB) has used it since 2023, resolving 2,680 cases, according to the 2024/2025 Judicial Report. With the courts now formally adopting it, the judicial officials hope to reduce caseloads, fast-track minor cases, and, most importantly, encourage reconciliation between victims and offenders.
