Alternative Dispute Resolution In Criminal Cases
Alternative dispute resolution is any method of dispute settlement other than by litigation. It implies settling of disputes outside (a) courtroom(s). Abbreviated as ADR, courts may be required to evaluate the legitimacy of ADR methods, but they will rarely overturn its decisions and awards if the conflicting parties formed a valid contract to abide by them. The major forms of ADR include arbitration and mediation. The increasing cost of legal action has made traditional lawsuits impractical for many individuals and businesses. At the same time, criminal courts face backlogged dockets, causing delays for (a) year(s) or more for litigants to have their cases determined. In response, new types of proceedings have been developed, …show more content…
Most of the literature involving ADR contains little if any or no reference to its utility in the criminal justice, and as a corollary, most of the criminal law literature dealing with procedure such as conferencing do not utilise ADR system . It is because ADR is oft defined as a method of settling disputes between parties without taking to formal court-based adjudication . Traditional theories of criminal justice, however, view criminal offending as predominantly a matter between the offender and the state. In part, the debate is a semantic one as to whether the term ADR can be appropriately applied in a criminal litigation. However, such debates are relevant in that they assess the conceptual bases for the development of ADR processes and provide discussion as to whether ADR-type processes can and should be applied in a criminal context. The thesis herein provides the background of ADR and its scope as well in the criminal litigation …show more content…
The Constitution broadens the available mechanisms within the judicial system by encouraging the utilization of both formal and informal justice systems .Thus, Article 159 acknowledges the application of (ADR) and Traditional Dispute Resolution (TDR) mechanisms in supplementing the court process. Article 159 (2) provides the basic principles for the exercise of judicial authority in Kenya which include promotion of ADR and TDR mechanisms
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