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Tension in the Court Room

Tension in the Court Room

Why is tension in the court room such a serious problem?

 

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Tension in the courtroom, at some level, will always be present. And if it’s present at a level that prevents the person for whom this courtroom has been set up, whether it’s the accused or the applicant, however you call them. Whether it’s a criminal or a civil matter, if that tension is such that that person can’t put their best communicative foot forward, then it is a miscarriage of justice. Then justice isn’t only a failure, in terms of being seen as done, but also in terms of being done. It’s very possible that people won’t answer questions in ways that they could were the tension a little less. So the stranger the situation to that person, the less likely they are to be able to respond in ways that will allow the Judge and the jury in many instances, to make the decision that they must make, on which so much rests.

About the mediator

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Joanna has been working with groups as a mediator for over 20years in highly sensitive inter-racial and political settings all over the world. In 2001 she became chairman of LEADR, Australia’s largest non for profit dispute resolution organisation and in 2006 became a visiting fellow at LEADR. She was a member of the administrative appeals tribunal for 10 years and later a member of the National Native Title Tribunal where she mediated land cla... View Mediator