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Published on: February 16, 2011
Non-adversarial justice and the coroner's court: a proposed therapeutic, restorative, problem-solving model
1Faculty of Law, Monash University, Clayton, Vic 3800, Australia. Michael.King@law.monash.edu.au
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 to 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.
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