Non-judicial Means of Victim Restitution (From Criminal and Civil Liability of Professionals: Present Situation and Future Prospects Regarding the Concepts of Negligence and Risk: 22nd Colloquy on European Law, 1992, Tenerife, Spain, P 241-267, 1995)

• NCJ Number: 156791
• Author(s): J-M Silva Sanchez
• Date Published: 1995
• Length: 27 pages
• Sale Source: Council of Europe
• Publication Type: Program/Project Description
• Language: English
• Country: France

Annotation

This paper examines alternative dispute resolution as a means of victim restitution, including arbitration and mediation.

Abstract

The discussion notes that alternatives to adjudication has existed throughout history. Proposals for alternative dispute settlement rest on a variety of views, including the belief that cases that only restitution can adequately resolve should be transferred from the criminal to the civil law, the belief that conventional criminal sanctions lack any resocializing effect, and the view that decentralized and informal procedures of conflict resolution may produce more satisfactory and less violent solutions than does government involvement. Existing mechanisms include arbitration programs, mediation programs, neighborhood justice centers, and community boards. Nevertheless, doubts have been raised about alternative dispute resolution in civil cases, particularly about the equality of the parties, the neutrality and independence of the third party, and the material correctness of the decision. In the criminal framework, recent empirical research reveals a high level of acceptance both of restitution and of its use outside the judicial system. For professionals, the use of restitution through extra-judicial processes is most likely to arise in cases involving negligence. Footnotes