Realistic view of mediation in penal matters: The reasons for the failure and remedial measures
Realistic view of mediation in penal matters: The reasons for the failure and remedial measures

Summary/Abstract: The authors are mediators in penal matters, and at the same time they are involved in criminal law and criminology scientifically. From this perspective, they undertook research on the low interest of victim-offender mediation in the practice of Polish justice. They searched for reasons both in imperfect legal solutions and in attitudes of lawyers and parties. They conducted a series of in-depth interviews with practitioners: prosecutors, judges, advocate and mediator with psychological education. They also referred to the results of their previous surveys and conclusions presented by other researchers. On this basis, they formulated several postulates for the legislator. It should be emphasized that they also remain valid outside the Polish legal system. They may also be valuable to mediators, judges and prosecutors, especially those operating in the area of continental criminal law.

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