While Alternative Dispute Resolution, and particularly mediation, is a concept that some embrace and others reject, rarely does it bring forth strong emotional responses either way. That is, until such concepts are introduced into the criminal justice system.
Although mediation is viewed cerebrally in connection with civil court disputes, it arouses fierce passions-both ways-when it is considered in the criminal court context. Supporters view it as a powerful way to get beyond an approach focused primarily on proving the necessary elements of a criminal statute and seeking the identification of the most appropriate punishment, often ignoring both the needs and harm heaped on the victim, community and society at large.
