Using Alternative Dispute Resolution (Adr) in the Criminal Justice System: Comparative Perspectives
Uploaded by: Society For Research And Academic Excellence
The use of alternative dispute resolution (ADR) in the civil justice context is a common and accepted phenomenon. However, the same cannot be said of ADR within the criminal justice context especially in common law jurisdictions based on accusatorial or adversarial criminal procedures such as Nigeria. The scope allowed for ADR in the criminal justice context appears to be strictly limited to minor offences. This paper takes a survey of selected jurisdictions on the practice of ADR within the criminal justice context based on different legal traditions. The paper finds that the use of ADR in the criminal justice system is a global phenomenon but operates behind the veil of discouraging statutory language. The paper further finds that despite efforts to discourage the use of ADR in criminal matters, parties often resort to this method to resolve their problems even when the dispute is criminal and serious in nature. The paper therefore argues for the extension of ADR to serious offences and legal measures to bring the law into conformity with practice.
About the Authors
Ebele L. Okiche
Clara C. Obi-ochiabutor
Chukwunweike A. Ogbuabor