It is no secret that drug crimes are a common problem across the nation. Drug addiction often leads to the commission of crimes to support the habit, including theft, assault and acts of aggression. Often, the solution is to throw these offenders into an overcrowded prison system alongside violent and repeat offenders. However, alternative dispute resolution processes like mediation offer several advantages over this traditional approach.

The historical approach often leads to negative consequences. The victims may feel frustrated by the complexities of the justice system or feel that their voice is taken away by prosecutors who form their own deals with offenders. Offenders are often given a harsh sentence that does not take into consideration the struggle that they endure because of a drug problem. The prosecutor also faces possible risks of prosecution, including unpredictable witnesses, lost evidence, lack of information and a disappointing outcome for the victim. Judicial systems benefit from cases being removed from the docket and worked out between the parties. Courts save time, resources and expense by the case being rerouted through mediation.

If the parties agree to mediate their case, the mediator works to get the parties communicating effectively together. Mediators usually do not offer advice and they do not impose decisions. Instead, the mediator encourage good communication and help the parties explore possible solutions to their problem. If the parties reach a mutually-satisfactory restitution agreement, the mediator puts it in writing.

Through mediation, the parties may agree that the defendant should seek drug and alcohol counseling and rehabilitation. Because the defendant voluntarily agrees to this, he or she may be more inclined to follow through than if someone sentences him or her to this fate.