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932 THE ADVOCATE arbitrator(s), which would go some way toward empowering the individual, advancing the healing process and, from a practical perspective, offering a less expensive and quicker resolution. This arbitration could also, with the consent of the parties, serve as a quasi commission of inquiry that could provide some insight into what went wrong and what may need to be done to ensure that the storm of circumstances which led to the travesty is not repeated. Any ADR agreement reached should have embedded within it a timeframe to get the job done from negotiation to ultimate arbitrated award, and provide for costs and other consequences to incentivize early settlement if the award is more than what was offered to the exoneree during earlier stages. The hope is that this type of process would be quick and fair, thereby enhancing the integrity of the system and advancing the only goal that should matter after exoneration: allowing the individual to move on with what is left of his or her life. Joven Narwal Vancouver ENDNOTES VOL. 75 PART 6 NOVEMBER 2017 will. The former always takes years and is expensive; the latter can also take years, is totally discretionary and lacks procedural fairness. A made-in-Canada approach to compensation could involve the enactment of legislation that provides for the immediate payment of subsistence funds and access to critical services to ensure a less painful reintegration into society, along with a framework that provides for fair and expedited compensation. Until that type of legislation is enacted, responsible politicians and counsel ought to consider whether justice could be done and be seen to be done in a fair and efficient manner through the use of methods of alternative dispute resolution. For instance, counsel for the exoneree may consider engaging with the relevant political powers and any other parties or insurers with a view to negotiating a dispute resolution agreement whereby payment is made to the exoneree for an amount deemed necessary to provide for immediate needs and later deducted from the total amount of compensation. If straight negotiation for total compensation fails, a mediation process could be the next stage, failing which an arbitration like process could be agreed to. The beauty of an arbitrationlike process is that the exoneree would be involved in negotiating the procedure and selecting the 1. See Innocence Project “Making Up for Lost Time: What the Wrongfully Convicted Endure and How to Provide Fair Compensation” (New York: Benjamin N Cardozo School of Law, Yeshiva University, 2010), online: <www.innocenceproject.org/wp-content up loads/2016/06/innocence_project_compensa tion_report-6.pdf>. 2. Ibid at 15–19. t t t t t


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