NCJ Number
95796
Journal
Capital University Law Review Volume: 11 Dated: (Winter 1981) Pages: 181-213
Date Published
1981
Length
33 pages
Annotation
This paper describes the Night Prosecutor Program (NPP) in Columbus, Ohio, which mediates minor criminal disputes, discusses the importance of confidentiality in such a program, and proposes a model statute to ensure such confidentiality.
Abstract
The NPP mediates agreements between complainants and alleged offenders in lieu of criminal prosecutions. Effective agreements depend upon full and frank communication between the parties, which in turn depends on the parties' belief that nothing said in the mediation sessions will be subsequently used in a criminal case. Unlike established medical malpractice panel programs and divorce mediation programs, little has been done to ensure confidentiality for criminal mediation proceedings and records. Reliance by analogy to labor mediation and the Federal Rules of Evidence provides some protection. More often, however, mediation programs rely on good relations with the local bench and bar (as does NPP) to protect confidentiality. Confidentiality should rest on legislation. Key elements of the proposed legislation are confidentiality for the subject matter of the mediation, the requirement of written consent for waiver by all parties, and the broad scope of the definition of 'information.' 214 footnotes.