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Alternative Dispute Resolution Essay Alternative Dispute Resolution Essay Ethical issues that relate to criminal justice are relevant to all areas of the legal profession, to all those personally involved in the carriage of this area of law, as well as the frameworks for the administration of justice in society.
Alternative dispute resolution ADR processes are used in the various arenas of the criminal justice system, including policing, corrections, courts, and research.
ADR also provides pathways for resolution of disputes outside the court system and takes many different forms. These processes include mediation, conferencing, restorative justice frameworks, and conciliation.
ADR processes Adr essay as restorative justice and conferencing are used mostly within the criminal justice context, and the many facets and stakeholders involved provide further scope for ethical exploration.
What Is Adr essay Justice? Restorative justice focuses on the reparation of harm caused by in most cases criminal actions. It involves the shift from a punitive to a rehabilitative approach. Generally, restorative justice involves the meeting and conferencing of victims, offenders, and their respective supporters, as well as other relevant community members, such as social workers, police, or representatives from a relevant area of the justice system.
When this model is applied to situations involving youth offenders, relevant youth workers and youth justice coordinators will be involved. Usually the discussion initially revolves around the offense and its impact before progressing to consideration of the outcome to which the young offender will be expected to commit.
Sanctions or reparations may include an apology, monetary compensation, the undertaking of work for the victim or for the community, and attending counseling. The outcome is legally binding. Restorative justice comprises a variety of practices, which might occur at different stages of the criminal justice process, including initial referral away from court processes, activities that take place concurrently with court processes, and other meetings and conferences that take place at any other stage of criminal proceedings for example, at the time of arrest or of release from prison.
Victim-offender mediation is another process which allows the victim and offender to meet and discuss reparations for the victim of the crime. Both this process and restorative justice are used all over the world in a variety of forms. Restorative justice includes processes as diverse as small group conferencing and truth commissions—these examples being indicative of the vast spectrum along which restorative justice processes can be plotted.
Conferencing is a process that is used in criminal justice settings as well as in the workplace. It has been regarded by some as a mediation process; however, it is distinct from a conventional mediation process in that much of the time the goal of this type of conferencing is to resolve a conflict rather than resolve disputes around distinct issues.
As such, the conferencing arising in this instance involved family group conferencing, including the family of the youth offender, the victim, the youth justice coordinator, and a representative from the police, as well as others if necessary.
In contrast, the Australian model of conferencing adopted in the s involves the police acting as mediators and offenders being made to feel shame for the acts that they have committed.
Commentators have noted that this model of police-led conferencing has been adopted for use in many other parts of the world.Need help with your Essay, Dissertation or School Assignment?
our writing service is here to help. Our company provides assistance with over 10, essays every single year to students who, just like you, are looking for help to obtain the best grade possible. ADR can be neutral to the law, language and institutional culture of the parties, thereby avoiding any home court advantage that one of the parties may enjoy in court-based litigation, where familiarity with the applicable law and local processes can offer significant strategic advantages.
Free conflict resolution papers, essays, and research papers. Alternative dispute resolution (ADR) processes are used in the various arenas of the criminal justice system, including policing, corrections, courts, and research.
ADR also provides pathways for resolution of disputes outside the court system and takes many different forms. The goal of Sudoku is to fill in a 9×9 grid with digits so that each column, row, and 3×3 section contain the numbers between 1 to 9.
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