The Status of Alternative Dispute Resolution (ADR) in Criminal Justice System under the Legal Frameworks of Ethiopia & Its Challenges

Abstract

This article intended to reveal the status of ADR in the criminal justice system under the legal frameworks of Ethiopia. Thus, the 1995 Constitution of the FDRE, the 1961 Criminal Procedure Code, the 2004 Criminal Code and the 2011 Criminal Justice Policy of Ethiopia are the primary concern of this study. Thus, systematic analysis of statutory provisions and legal principles involved therein, or derived there from, and logical and rational ordering of them is used as the main study mechanism. The result shows that the term ADR & what constitutes it in the context of criminal justice system; the parties that can play role in the process & their respective responsibilities; & the rights & duties of the crime victim & the offender the process; & the expected outcomes of the process are not clearly prescribed by law. Besides, there is inconsistency between the law and criminal justice policy of the country concerning the type of crimes subject to ADR.

Keywords: ADR; Disputes Involving Crime; Criminal Justice System; Ethiopia