Alternative Dispute Resolution (ADR)

1. Alternative Dispute Resolution(ADR) Alternative dispute resolution is the term used for a number of dispute resolution processes that are an alternative to traditional court proceedings.

2. Court-Based ADR • ADR processes are court based, which means that the parties are involved in court proceedings, but the court has recommended them to engage in ADR. • ADR processes are separate to courts ie community justice centers. • ADR is used in civil proceedings not criminal proceedings.

3. Court-Based ADR • Mediation-unbiased mediator helps the two parties sort out the issue by exploring options. • Neutral evaluation- unbiased evaluator helps the parties identify the main issues in the dispute. They give opinions on who is more likely to win the case. • Arbitration-unbiased arbitrator makes a decision as to which party has the strongest case and the appropriate amount of damages..

4. Benefits of ADR • Courts and tribunals encourage parties to civil proceedings to use ADR to reach agreement for themselves. • An early resolution of the dispute. • Lower costs to the parties involved. • A faster result. • Greater flexibility in resolving the dispute. • Greater ownership of the resolution of the dispute by the parties.

5. Community Justice Centres The community justice centres resolve disputes through mediation, free of charge to members of the public. The types of matters dealt with include: • Family Disputes • Youth Conflict • Work place Grievances • Neighbourhood Arguments.

6. OMBUDSMEN • The ombudsmen’s role is to monitor and report on many aspects of government activities on behalf of citizens. • It doesn’t have the power to institute civil or criminal proceedings, but they have the power to investigate complaints and make recommendations to parliament.

7. Youth Justice Conferencing • The aim of the YJC is to provide for an offender to meet the victim of their behaviour. This is to help produce an agreed ‘outcome plan’ to restore the harm done and to encourage the offender to overcome his or her offending behaviour. • Diverts young offenders away from courts for rehabilitation. • The conference can only be held if the young offender admits the offence and agrees to the conference.

8. Youth Justice Conferencing • Was established by the Young offenders Act 1997. • A young offender can be referred to a youth conference by the investigating police officer. • There are a variety of people involved (offender, victim, lawyer, police officer, etc) • The ‘outcome plan’ may include written or oral apologies, making amends to a victim or the community, or participating in an appropriate program. • Based on the theory of ‘restorative justice’. • Objective is for offender to be reintegrated back into the community.

9. Circle Sentencing • Offenders can apply to this court to have their matter dealt with by circle sentencing after pleading guilty or being found guilty by the court.

10. Circle Sentencing Process • The seating is arranged into a circle. • Participants are introduced and the facts of the case are presented by the Crown. • A discussion usually takes 2-3 hours and focus’s on the impact of the crime and what can be done. • The offender addresses the circle. • The victim is encouraged to make a statement. • A set of goals are set for the offender(curfew, work programs, abstention from alcohol, and anger management programs.)