This is perhaps the most critical question facing the municipal judge who is considering a mediation referral. The ADR statute states that the court may, on its own motion or the motion of a party, refer a pending dispute to mediation. Parties to a criminal dispute would logically seem to include both victim and offender. Therefore, though the victim in a criminal case is a primary witness and crucial to the case, the victim is not considered a party and great care should be taken by the municipal judge when referring the victim to mediation, especially in domestic violence situations. Victims and offenders with a continuing relationship are good candidates for mediation because the conciliatory nature of the process may help prevent subsequent incidents and charges.
Young offenders are especially good candidates because they are still in their formative years.
The experience of meeting face to face with the victim, being able to resolve a dispute, understanding the victim's position, or accepting accountability for their actions can have a great impact on them. If the school declines to participate in mediation, the youngster can still attend a parent-child mediation in which the offender and his or her parents try to reach an agreement pertinent to both their relationship and the offense. The list is not exclusive and allows for the court to exercise its discretion. In practice, many courts with misdemeanor or juvenile cases refer these cases to the nearest Dispute Resolution Center. Many counties have dispute resolution centers that function with the extensive use of volunteer mediators from the community.