Mediation PDF Print E-mail

 

Mediation is an alternative procedure aimed at settling criminal cases, realized outside of the criminal law system. Mediation is understood as a process, within which the parties concerned – the accused person and the aggrieved person, engage in mutual discussion and in cooperation with the mediator try to settle mutual conflicting relationship and agree on how to deal with the consequences of the crime in the future. Use of mediation is based on the fact that a criminal offense is regarded as a conflict between the victim (aggrieved person) and the perpetrator.

 

Mediation in criminal cases criminal matters became an integral part of a broader concept of restorative justice, where the main principle is settling the conflict and renewing impaired relationships between the victim, the perpetrator and the society, which have been impaired by the criminal offense, and successful mediation of alternative dispute resolution.

 

The option of out-of-court dispute settlement – mediation, has a wide application in criminal justice and is one of the tools of dealing with a criminal offense and the consequences thereof between the perpetrator and the aggrieved person.

 

Mediation provided by the Probation and Mediation Service is free of charge and it is based upon the consent of both parties. Mediation is conducted by an expert in conflict resolution – a mediator, who conducts the negotiation and maintains a forthcoming and balanced approach towards both parties and assists them in finding a solution, not only in the area of damage compensation, but also explanation why the crime has occurred. Mediation offers to the aggrieved person a possibility to understand of the situation and its circumstances and increases the probability of expedited damage compensation. It allows the perpetrator to apologize to the aggrieved person, to explain his conduct and to remedy the consequences of the committed crime. Mediation is interconnected with criminal proceedings and its results are also taken into account within the course of criminal proceedings.

 

We must emphasize the role of the Probation and Mediation Service within so called divergences in criminal proceedings (for more information see section Divergences in Criminal Proceedings). Its mission is to select cases suitable for such decision, to organize and conduct the mediation process and if the conditions for conditional discontinuation of criminal prosecution, to petition for such decision and provide documents, on the basis of which the authorities involved in criminal proceedings may verify fulfillment of conditions required for such decision. Within the framework of conditional discontinuation of criminal prosecution the Probation and Mediation Service operates both in the stage before the decision on the divergence is made, and subsequently within the course of the set probation period. In case of settlement its function falls in the period before the decision is made.

 

Mediation and agreements reached within its course belong among so called alternative procedures, which are aimed at dealing with criminal cases outside of the criminal-law system. From the point of view of procedural criminal law, mediation is a special non-procedural form of dealing with criminal case, results of which may be projected in the decision on the case. If an agreement on settlement of mutual relationships between the accused and aggrieved person is reached, including compensation of any harm caused by the crime, it may at the same time fulfill one of the conditions for application of divergence in criminal proceedings. However, mediation itself is not regulated by the law.

 
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