We are in election mode in New Zealand. Law and order will be one of the flavours of
the month and we can anticipate sustained advocacy of the need for longer and sterner
sentences. Rarely is it asked whether these have any economic utility or how, at the end
of the process, there is going to be a reintegration of people into the community. Except
in those cases where people are incarcerated for the term of their natural life, every evil
scoundrel will, at some stage, be released from prison. We put scant emphasis on how
that will be achieved and what the consequences will be. I doubt that these long term
consequences will receive much attention.
The position is no different when a business transaction goes sour. Frequently the
outcome the parties need is assistance to move forward in some way together. Usually
we put people through a draining and pulverising process with insufficient attention to
ways in which they can achieve a win-win situation rather than a win- lose or, from the
perception of too many participants, lose- lose.
In Family Courts we have endeavoured to make moves in this direction. In New
Zealand we have extensive mediation processes in labour disputes which me ans that
only a tiny fraction of cases ever get near the courthouse. The potential for alternative
dispute resolution in the general civil and criminal areas has yet to be fully explored. A
willingness to see and respond to the needs and expectations of those forced into our
Courts is essential. We cannot continue to expect women and men to fit into our way of
doing things. We must find ways of delivering justice that are meaningful and available
and which people can afford.