Mediation is becoming a more popular option for communities behind restorative justice who believe that rehabilitating people convicted of DUI and other crimes requires more than simply imprisoning individuals. Some common questions and answers associated with this practice include:

What are the Benefits of Mediating a Criminal Case?

Studies on the mediation of criminal cases have found that client satisfaction rates are higher with this process, victims are more likely to participate and victims are more likely to have reduced fear of the offender. Additionally, defendants are more likely to complete restitution requirements and more likely to reduce criminal behavior.

How Is a Case Referred for Mediation?

Several communities have mediation systems in place in order to refer a case for mediation. Getting a case into mediation may require the prosecutor to accept this option or to remove the case from the criminal process. In other situations, mediation may supplement the criminal procedure process. Because the prosecutor is the one who “presses the charges,” it often is not enough for the victim to agree and the defendant be able to allude all criminal responsibility. However, each program operates differently and uses a different procedure.

What Types of Cases are Referred for Mediation?

Not all cases are appropriate for mediation. Some communities prohibit felony or serious misdemeanor cases from being mediated. Misdemeanor cases involving people with an ongoing relationship, such as family members, neighbors or coworkers may be referred to mediation. Likewise, crimes involving trespassing, destruction or property, harassment, theft and DUI are often referred for mediation because there is often some benefit that both the victim and the defendant receive from this process. Some programs use a screening unit to identify particular cases to refer to mediation.

Who Participates in Criminal Mediation?

The defendant and the victim participate in criminal mediation. The defendant’s attorney may also participate. The mediator helps the parties to communicate through the problem and reach a resolution with which they are both satisfied with. The mediation process is voluntary, so no party can be forced to participate.

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.