rettsmaking

Rettsmaking is a term used in some Scandinavian languages to describe a process of dispute resolution that seeks to repair harm and restore relationships through negotiation and agreement under or alongside the formal judicial system. The term is sometimes used interchangeably with rettsmekling (court mediation) or forlik (settlement) in Norwegian and Danish contexts, and may appear in English-language sources as a variant spelling or related concept.

In practice, rettsmaking often refers to restorative or mediative approaches within civil or criminal proceedings. In civil cases, a mediator or judge facilitates dialogue between parties to reach a settlement that may include apologies, reparations, compensation, or agreed behavioral changes. In criminal contexts, it may involve the offender meeting the victim in a structured setting to acknowledge harm, take responsibility, and agree on restitution or community-based sanctions. The objective is to produce a binding or semi-binding agreement that resolves the dispute without a full trial, while enabling accountability and tailored remedies.

Implementation varies by jurisdiction but generally includes intake screening, confidential mediation sessions, and formalization of an agreement into a court order or enforceable contract. Benefits cited for rettsmaking include reduced court caseloads, lower costs, higher participant satisfaction, and remedial outcomes aligned with victims’ needs. Critiques emphasize limits to applicability, potential coercion, and concerns about unequal leverage between parties.

See also: restorative justice, mediation, court-ordered mediation, forliksråd, rettsmekling.