Integrating Restorative Justice Practices into Alternative Dispute Resolution for Criminal Cases: Challenges and Opportunities

  • Priyanka Pareek
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  • Priyanka Pareek

    Assistant Professor at S.S. Jain Subodh Law College, Jaipur, Rajasthan, India

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Abstract

This article explores the integration of restorative justice practices into alternative dispute resolution (ADR) mechanisms within the context of criminal cases. Restorative justice, which emphasizes healing, accountability, and community involvement, presents a transformative approach that contrasts with the adversarial nature of traditional criminal justice systems. The adoption of restorative justice in criminal ADR offers a unique opportunity to address the needs of victims, offenders, and communities in a more holistic manner. However, the integration of restorative justice into ADR frameworks is not without challenges. These include legal and procedural constraints, resistance from traditional legal practitioners, concerns about consistency and fairness, and the potential for retraumatization of victims. The article discusses these challenges in detail and proposes strategies to mitigate them, such as enhancing legislative support, providing specialized training for facilitators, and developing clear guidelines and standards. By examining both the opportunities and challenges of integrating restorative justice into alternative dispute resolution for criminal cases, this article contributes to a deeper understanding of how restorative justice practices can be effectively incorporated into criminal justice systems to enhance justice outcomes and support victim recovery.

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Article

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 817 - 824

DOI: https://doij.org/10.10000/IJLSI.112170

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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