Round Table “Mediation in Criminal Proceedings”

An online Round Table on “Mediation in Criminal Proceedings”, organised by the Ministry of Justice and Public Administration under the project “Reinforcing the system of court-annexed mediation”, co-financed by Norway Grants, was held on 22 February 2021.

The Round Table was attended by professors from law faculties, judges of municipal courts and the High Commercial Court, a representative of the County State Attorney’s Office, the Croatian Mediation Association and civil servants of the Ministry of Justice and Public Administration.
 
The round table discussion centered around the courts’ past practice with regard to mediation and criminal proceedings and the existing regulation of mediation in criminal proceedings, the aim being to engage in an open debate in order to both expand knowledge and discuss new ideas.
 
The participants referred to the Netherlands, where there are no restrictions in terms of criminal offences that could not be the subject of mediation and/or sent to mediation, and there are no restrictions with regard to the level of imposed sanction or motif. In administrative terms, judges and parties, as well as the public prosecutor, may at any time request referral to mediation.
 
The approach of resolving disputes through the mediation process results in much faster settlement of disputes, often in a couple of hours, while in court proceedings it can take years. Victims are treated in a completely different way in mediation and, if everything agreed through mediation is achieved, the victim heals and young offenders’ criminal record is cleared. It is therefore essential to approach conflict resolution in humane, non-administrative manner, to democratise the process and prioritise the interests of the parties.