Interface of ADR and Criminal Law

Abstract

Alternative Dispute Resolution (ADR) includes processes that are out of court proceedings. Due to fact that pendency of court cases and suits have gone through roofs, ADR has gained paramount significance in almost every civilized dispensation. The criminal jurisprudence is quite different from the ADR mechanism, as in the case of a criminal dispute, penal provision is sought after to place a benchmark. In the case of ADR, some kind of settlement that may not result into court proceeding is sought after. A recent trend that can be noticed in the sphere of ADR is its applicability to the criminal matters. Mediation is the most sought-after form of ADR, where the issue of criminal justice is concerned. The use of ADR processes in the criminal justice system connotes the image of the restorative justice movement, which seeks to shift the emphasis from the ideas of violation of the state and punishment towards reparation and inculcating in the offender a sense of responsibility towards the victim and the community. The rights and liabilities in a criminal case have to be determined by the criminal courts have to determine the rights and liability arising out of certain actions falling in the area of criminal offences, because such courts are specially equipped with tools to try criminal offences and inflict punishment. Therefore such disputes are not triable by the ‘arbitral tribunals’. When question arises as to the criminal nature of the dispute, the arbitral tribunal will investigate whether the matter is one which the public policy would permit to be compromised. The researchers seek to study Indian position on applicability of ADR in criminal matters along with its comparative analysis.