3 Problem-solving courts

Problem-solving courts provide an alternative to more adversarial court processes. These courts have been emerging as an alternative to traditionally run court processes in a number of Western countries since the late 1980s. Problem-solving courts seek to look beyond individual fault or blame and instead look for ways to resolve issues for the interests of all parties (Bowen and Whitehead, 2016).

Some of the key features of problem-solving court processes are listed below:

• outcomes tend to be process-based, therapeutic and/or focused on resolving social barriers
• processes are collaborative where, for example, different professionals come together to discuss and seek to resolve the support needs of the case
• organised around the person who needs support
• tend to be based on identified needs and supports
• the judge’s role is to act as a coach
• concerned with the future
• court processes and setting are more informal
• often take an interdependent approach to solving the presenting problems
• are usually effective.

Adapted from Ward (2016) and Hora (2002)