Non-Adversarial Justice and the Coroner's Court: A Proposed Therapeutic, Restorative, Problem-Solving Model

Abstract

Increasingly courts are using new approaches that promote a more comprehensive resolution of legal problems, minimise any negative effects that legal processes have on participant wellbeing and/or that use legal processes to promote participant wellbeing. Therapeutic jurisprudence, restorative justice, mediation and problem-solving courts are examples. This article suggests a model for the use of these processes in the coroner’s court to minimise negative effects of coroner’s court processes on the bereaved and promote a more comprehensive resolution of matters at issue, including the determination of the cause of death and the public health and safety promotion role of the coroner.

Keywords: Non-Adversarial Justice, Therapeutic jurisprudence, restorative justice, mediation, problem-solving, alternative court

JEL Classification: K00, K4, K40, K41, K42, K49