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Criminal mediation is the BASF of the criminal justice system: Not replacing traditional criminal adjudication, just making it better

Simms, Larysa
June 4, 2015

Source: (2007) Ohio State Journal on Dispute Resolution. 22(3): 797-838.

” His lawyer requested the two victims’ families attend a criminal mediation with Stephen to create an agreement to
serve as a recommendation to the court to reduce his sentence. … ” Criminal mediation’s minor crimes role provides
court system efficiencies by diverting high volume minor crimes cases from court dockets while simultaneously catering
to the particular needs underlying each minor crime and dispute. … Victims who participate in VOM are more
likely to believe the offender has been held accountable for the crime. … However, there is room for mediation to alleviate
overcrowded criminal dockets, ameliorate the flawed plea bargaining process, and serve victim and offender needs
that are not met in the traditional criminal justice system. … While legal systems generally adapt to change slowly, the
three prong model of mediation should be implemented to address minor crimes, the faulty traditional plea bargaining
process, and the post guilt determination needs of victims and offenders, to enhance the justice traditionally meted out
in the criminal justice system. … By alleviating criminal dockets overcrowded with misdemeanors and minor crimes,
operating selectively to improve current plea bargaining processes, and addressing victim and offender needs after guilt
is determined, the three prong criminal mediation model does not threaten to replace traditional adversarial adjudication,
but rather promises to improve the criminal justice system. (Author’s Abstract)


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