Disadvantages of Criminal Mediation (from Associated Content)

I found this very interesting article regarding some problems with criminal mediation, authored by Christine Cadena~~~italics mine :)

Disadvantages of Criminal Mediation
Issues Arising Out of Public Defender Shortages

http://www.associatedcontent.com/article/438499/disadvantages_of_criminal_mediation.html?cat=17

In many states, the staffing shortage associated with public defenders often results in long delays before many individuals can be acquitted or convicted. With criminal court dockets increasing at phenomenal rates, many states are turning to alternative methods to resolve cases without public defender access. For individuals who are awaiting trial on misdemeanor charges, there is a growing trend among many jurisdictions involving mediation. With shortages of public defenders at issue, many victims and alleged criminals are entering into mediation as a way to resolve relatively minor criminal offenses. One advantage to victim and offender mediation is the degree to which open communication is permitted. In the mediation process, often, the victim and offender are afforded an opportunity to meet with one another and express their sufferings and why the events occurred the way they did, from each side's perspective. In this setting, the victim is permitted to speak directly with the offender, something that is not often offered in a courtroom. Of disadvantage to the mediation of relatively minor criminal acts, is the degree to which one party may have leverage over the other. This is often referred to as bargaining power. While we can say in most cases there is an unequal balance of power, when that balance may affect the outcome of mediation then mediation may not prove effective. Another rather significant disadvantage is the loss of confidentiality protection. Under the Uniform Mediation Act (UMA), information discussed in the mediation, as it pertains to the criminal offense, is not protected from discovery at future hearings or trials. Should the victim not settle the criminal issue through mediation, and the case heads for trial, all conversations and issues discussed in mediation can be disclosed in a courtroom setting. Often, not to the advantage of the person charged with the offense. X

If you were wondering what mediation has to do with competition, by the way, we can see that when words and phrases like --leverage, unequal balance of power, disadvantage, and bargaining power-- are used, it is obvious that mediations can be looked at as competitions in some cases. It should not even be called mediation when there is not an equal medium and the "offender" has more to lose by opening up and "sharing his or her feelings and thoughts" only to have them used against them....