Alternative dispute resolution (ADR) offers another approach that may work more favorably for all involved.
Mediation involves disputing parties meeting with an impartial third-party to help evaluate their cases and negotiate settlement agreements. This may be chosen voluntarily between those involved, or it could be mandated by a court before trial begins.
Reconciliation
ADR (alternative dispute resolution) is a legal process that helps parties resolve their differences outside of court without formal legal proceedings or trials, typically being less formal, cheaper and faster than trial processes. ADR also offers parties an opportunity to communicate better and reach lasting solutions together.
Multiple speakers highlighted reconciliation as a central component of post-conflict strategies, giving as an example South Africa’s Truth and Reconciliation Commission which provided victims with an avenue to report violations while also encouraging truth and accountability.
Summary Jury Trial is another way of conducting nonbinding hearings that provides parties an opportunity to present a reduced version of their case in front of an impartial jury. It can often be faster and gives both sides an idea of a potential verdict; however, its availability depends on jurisdiction. Furthermore, reconciliation can be an intricate issue and must be tailored specifically for every country involved.
Punishment
One of the primary justifications for punishment is that it communicates condemnation of an offense directly. This justification takes two forms: specific deterrence and general deterrence. Specific deterrence refers to an offender’s fear of punishment in particular while general deterrence refers to society’s fear of crime as a whole.
Unfortunately, these arguments fail to give an adequate description of the wrongs that justify criminal justice. For example, suggesting some forms of conduct are “private affairs”, that only directly involve those directly involved is at odds with tort law’s focus on “public” legal wrongs such as libel.
Punishment has another key justification in discouraging future crimes, which draws upon both retributivism and consequentialism as justifications for its use. Legal punishment often receives special consideration as it tends to be more coercive and burdensome than other forms of punishment while raising specific normative issues.
Accountability
Accountability within the criminal justice system is essential to ensure a fair and just outcome, including law enforcement, prosecution and conviction processes adhere to specific standards of conduct that can be held to account. Furthermore, including stakeholders in decision making processes promotes accountability while rebuilding public trust.
Assuring community members can have their say in any case is one effective way of making sure offenders take responsibility and understand how their behavior impacts others. Face-to-face meetings between offenders and victims and family members can serve as powerful forms of accountability.
Prosecutors and police officials should implement reforms that increase transparency and accountability within their departments, including: demanding that any legislation that creates or enhances any criminal penalty includes in its title how much taxpayer money it will cost, as well as mandating that any offense be created or enhanced democratically elected bodies rather than unelected bureaucrats.
Cost
Criminal justice policies and reform can impose high costs, including wrongful convictions and police misconduct, as well as victimization, productivity loss and damage caused by criminal pursuit. Unfortunately, many often overlook these costs when making decisions about reform or policy implementation in criminal justice systems.
Criminal cases incur most of their expenses through fees and fines that are often assessed without regard for defendants’ ability to pay, leaving jurisdictions with billions in uncollectable fines and fees.
Some states have taken measures to help lower these costs. For instance, certain laws mandate arbitration as an alternative form of dispute resolution instead of litigation. Arbitration is a structured alternative which takes place outside of court and involves a neutral third party such as a retired judge or lawyer with expertise; many commercial and labor contracts include mandatory arbitration provisions while some courts offer non-binding arbitration proceedings in some cases.
