DISPUTE SETTLEMENT IN LAW

DISPUTE SETTLEMENT IN LAW

Course Description

According to the Ministry of Justice Criminal, Dispute Settlement Manual, in our criminal justice system, reconciliation has been made possible by 5271 of the Law of Criminal Procedure Article 253. The objectives of reconciliation in the criminal justice system are the observance of the victim's benefit, the satisfaction of the victim, and , rather than applying criminal sanctions against crime, the elimination of the damage and repair.??? The goal of reconciliation is to solve the conflict between perpetrator and victim after the crime occurred, with attempt of the mediator. The aim of the reconciliation, as a rule, establishment of direct communication between victim and perpetrator of the crime is to make the perpetrators understand the consequences of their actions. Such meetings help victims to overcome the feeling of weakness that the conventional judicial system is forced to overcome. Trained and volunteer mediators can convert the justice system from contentious and punitive process, to the process based on collaboration for helping the parties reach a compromise. Reconciliation lets victims and perpetrators understand their responsibilities in the real sense, and understand the process of reaching a compromise. Through reconciliation, it is believed the losses incurred are eliminated by reintegrating both perpetrators and victims into society. Participation of reconciliation is entirely voluntary for both parties, and the principle of confidentiality is essential in the process. The reconciliation process allows people to solve disputes through the use of effective communication and problem-solving skills rather than fear, repression and punishment environment. Resorting to reconciliation is very useful, especially in disputes in which one of the parties is a child. The juvenile justice system is not always an appropriate process for the resolution of issues relating to children. Besides, the reconciliation process is important education in itself for children. It promotes new methods of expression and the resolution of disputes and the development social and interpersonal negotiation skills. The total duration of the course is 25 hours, 20 of which are devoted to theoretical knowledge and 5 hours to application.


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