Expert: Timmy Chou - 8/24/2011

Question
Hi,

Hypothetical Scenario:

We have a group of people who are causing trouble in our neighborhood in Dhaka, Bangladesh. We and a few elders of our neighborhood were thinking of using ADRs, especially Mediation to bring these people to justice and resolve the conflict.

The Problems:
1. Writing Graffiti on walls.
2. Harassing innocent pedestrians.
3. Assault and Battery-- they frequently fight innocent people.
4. Using Profanities in public places and swearing at innocent people.
5. Smoking Weed/Marijuana.
6. Harassing and Eve-Teasing Girls.

Though only some of the members of this group engages in the above activity, others help them get away, provide vital information, obstruct justice, or help them in other ways. For e.g. if someone finds that we are searching for evidence, he/she will notify others to remove the evidence as well or flee the scene as well.


So our Question are:
1. We need some guide on how to get 100% irrefutable, admissible and strong evidence. Any books on How to acquire strong evidence? (books for non-lawyers ie)

Note: The court system and the police are inefficient and corrupt in this country. Since they did not work, we decided for the ADR.

Answer
Greetings,

Thanks for your question.

I commend you for your rational analysis and practical approach to improving your community environment and relationships.  I would assert that you have correctly ascertained that a collaborative approach has the best chance of creating the most complete solution, as opposed to harsher enforcement techniques -- especially in an environment where your regulatory and enforcement infrastructure is not altogether reliable itself.

Your question falls into an area of ADR known as peace-making or community ADR.  This is a different field of practice from traditional mediation work and I personally do not have experience in this area.

Nevertheless the field is robust and I would begin my seeking resources here:

http://www.nafcm.org/

As to your question #1, your premise may have to be examined.  First, there is rarely such a thing as "100% irrefutable evidence" when trained advocates are involved and second, working to establish an "evidence gathering" capability may not be the most useful when you are trying, at the same time, to get these same people to participate in a mediation process with you.  

These are some ideas, feel free to follow up with additional questions.

Good luck!