Alternative Dispute Resolution

Maria R. Volpe

Since the 1970s, there has been a proliferation of interest in finding better, more efficient, and less expensive alternatives to all kinds of traditional litigation, including those that involve criminal matters. Such efforts are widely referred to as alternative dispute resolution (ADR). ADR in the criminal justice system can be best understood in contrast to the adversarial approach generally used to process criminal matters. Traditionally, criminal courts have employed rules of evidence and procedure to process docketed cases. These proceedings focus on the application of the law to the facts presented and the determination of culpability based on past events. All of this occurs in publicly accessible criminal courtrooms where judges, prosecutors, and defense attorneys, with the assistance of a wide range of support staff, oversee the adjudicatory process, which typically results in determining the innocence or guilt of the accused. Despite the widespread prevalence and acceptance of adversarial processing ...

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