Mediation can offer swift dose of justice

But before his felony case got to trial, a judge suggested the prosecution and defense try something different -- an informal mediation process that, in less than an hour, resulted in a plea agreement where Gilliam avoided prison but agreed to pay restitution, get drug treatment and be on probation for five years. 

The March 18 mediation also gave Gilliam and his victims a chance to speak, to each other and a neutral judge, with Gilliam eventually apologizing for his crimes. "Both sides felt like they got something out of it and got to have their say," said Kristen Bailey, Gilliam's attorney. She would not allow him to discuss the process because he's not yet been formally sentenced. But she noted, "The victims felt like they were being listened to, and my client felt like he was being listened to." 

Gilliam's was one of 18 felony cases mediated and settled for Clay, Jackson and Leslie counties that day -- as part of a state pilot program that aims to reduce congestion in courts, and in prisons. While mediation is common in civil cases, felony mediation is rare in Kentucky and across the country, in part because of prosecutor opposition and judges' concerns about political fallout from the public.