TITLE:
Balancing the Force in Criminal Mediation
AUTHORS:
Rathna N. Koman
KEYWORDS:
Criminal Mediation, Judge Mediator, Victim-Offender Interaction, Mediation Confidentiality, Negotiated Plea Settlements, Plea Bargaining, Due Process
JOURNAL NAME:
Beijing Law Review,
Vol.7 No.3,
August
1,
2016
ABSTRACT: There is a paradigm shift in the manner in which criminal cases are processed and resolved in the criminal justice system. Criminal mediation has become a fixture of the criminal justice system, running parallel to traditional adversarial system of adjudicating crimes. It is no longer a means to the end but rather an end in itself. Singapore’s criminal mediation is at its infancy having started only in 2010, whereas in other jurisdictions it has been existence since 1990s. Hence it is important to cultivate the right environment for criminal mediation to grow and evolve. The objectives of this paper are as follows: first, to consider the process and genesis of criminal mediation in general; references are made to the criminal mediation model practiced in Singapore and variants in other jurisdictions, particularly the American states; second, the benefits of such a process in the criminal justice system; and third, the importance of maintaining integrity of the criminal mediation process and the end product, i.e. the negotiated plea settlement.