MEDIATION IN JUVENILE COURT This research paper

This research paper discusses the use of mediation in dependency and other proceedings in juvenile courts and assesses its effectiveness. Mediation is used in dependency proceedings and in other cases involving status offenses, misdemeanors and occasionally more serious first time offenses, often in conjunction with victim-offender reconciliation efforts. In general, mediation has proved to be a cost-effective method of relieving juvenile court congestion and dealing with relatively minor juvenile offenses in a manner which optimizes familial, community, and victim involvement and at the same time serving the best interests of the juvenile offenders involved. Mediation is not, however, very effective in addressing the problem of hard core violent juvenile crime and its effectiveness is hampered by shortages of funds. It, nevertheless, represents a promising supplement to the existing system of juvenile justice.

The juvenile justice system has been swamped by the rise in juvenile crime in recent decades. According to Chown and Parham (1995, November), over two million juveniles were arrested nationwide in 1992, accounting for 29 percent of all reported indexed crimes and in major urban areas, one half of such crimes (p. 3). Although overall crime rates have declined since the middle 90s, the rate of juvenile arrests has not, reflecting in part the growing demographic significance of the under 18 age group. Juvenile courts perforce must concentra

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o impose solutions which he helps facilitate the parties to devise themselves. In the juvenile court setting, there is, however, always an element of coercion, the fact that if either the youth or the parents refuse to participate in mediation, more draconian punishment may be imposed by the Court. Not all family situations lend themselves to mediation. But even then the mediator "may uncover long standing problems [such as drug or alcohol addiction] . . . a good first step toward preparing family members to accept and benefit from" other services such as professional counselling and therapy (p. 1530). Another possible problem is unequal bargaining power or leverage in the mediation owing to the youth's age and inexperience. The mediator's task is to balance the scales as evenly as possible. Particularly difficult are sexual abuse cases. Even there Cottam said "mediation may help facilitate the cooperation of the parents in the child's treatment program" P. 1535). Some jurisdictions, for example, Los Angeles and Orange County, California, do not permit mediation to be used in cases where evidence of serious child abuse is present. In general, Cottam said such mediations serve several purposes: assist the court by facilitating

Category: Government - M