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This article explores the role of mediation as a means of achieving restorative justice within the realm of criminal cases, presenting it as a viable alternative to traditional litigation practices. The legislative growth of mediation is emphasized, particularly through advancements and formal acknowledgment in procedural laws. Mediation is characterized as a facilitative process wherein an impartial third party aids the conflicting parties in arriving at mutually acceptable resolutions. This becomes especially relevant in contexts involving sensitive issues, such as victim-offender dynamics or situations necessitating ongoing relationships. The advantages conferred by mediation upon litigation are manifold. They include the alleviation of court backlogs, the empowerment of communities, and the promotion of more expedient and cost-effective resolutions. Central to the application of mediation in criminal contexts are principles derived from restorative justice, which prioritize communication, accountability, and mutual comprehension. The article further investigates the adaptability of mediation in addressing a spectrum of issues, including minor domestic disputes, professional conflicts, juvenile delinquency, and compoundable criminal offenses, while distinguishing its application in criminal matters from that in civil disputes. Moreover, the global relevance of mediation is illustrated through various international practices, such as alternative dispute resolution (ADR) in employment scenarios within the United States, juvenile mediation initiatives in Georgia, and restorative justice frameworks in Canada. The necessity for stringent legal provisions and heightened public awareness regarding the contemporary significance of mediation is highlighted, alongside considerations for reforming mediation practices and the overarching ADR mechanism. In conclusion, mediation is positioned as an essential instrument for promoting justice, reconciliation, and systemic efficacy. The article advocates for its broader incorporation into India’s judicial framework, aimed at mitigating the challenges associated with prolonged litigation and societal discord.
"Mediation in Criminal Cases: A Path to Restorative Justice", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 4, page no.b682-b692, April-2025, Available :http://www.ijrti.org/papers/IJRTI2504185.pdf
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2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator