Mediation Finds its Way to Criminal Cases

Earlier this year, the New Hampshire Courts implemented a criminal mediation program as a way to reduce backlog in the court system. Beset by a shortage of judges and a sizable backlog of cases made worse by the pandemic, New Hampshire took a unique step towards resolving the problems.

Using retired judges, the criminal mediation program focuses on sentencing portion of criminal cases. While 97% of criminal cases are plea bargained, all cases go through a sentencing procedure which can be time consuming and laborious, particularly when they involve victims and their families. Through criminal mediation, time is spent — out of the courtroom — “meeting privately with defendants and victims . . . This allows defendants and victims to feel ‘more satisfied with the outcome because they’ve been really active participants in the process.’”

The mediation conferences “break down entrenched positions and show the parties whether heading to trial is really in their best interests.” By doing so, there is an opportunity for restorative justice to occur, allowing defendants to work to repair the harm they have caused through their crimes. Restorative justice programs tend to result in lower rates of recidivism.

It may just be that, with careful planning, criminal mediation programs can expand and help to reduced backlogs in courts across the country.

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