NCJ Number
198136
Date Published
1999
Length
7 pages
Annotation
This paper discusses the legal framework for the experimental program of offender-victim mediation in juvenile cases in Poland, the development of the program, the assumptions and the objective of the program, the principles of mediation in juvenile cases, and the mediation process.
Abstract
The juvenile justice law in Poland allows for mediation at various stages of juvenile proceedings, and it envisages the imposition of measures that have an impact on the victim. Referral for mediation at the stage of the preliminary examination may be used to determine a specific means of repairing the damage caused by the offense, as long as the parties involved can reach an agreement. The experimental program in mediation for juvenile offenders and their victims was developed by the Mediation Committee in the fall of 1995. After the consultation process, the program was presented to the Minister of Justice and was accepted in March 1996. The objective of the program is to examine the feasibility of introducing mediation into the Polish system of juvenile justice. Mediation began to be applied to juvenile cases in a few selected district courts in various jurisdictions. The experiment will require 3 years to complete, and empirical studies will assess program performance. The mediation process will be conducted by social institutions not directly related to the court, but in cooperation with juvenile courts. These institutions are referred to as mediation centers. Persons serving as mediators must be trained in the skills of mediation and educated in the areas of law, social rehabilitation, psychology, education, and sociology. Mediation is voluntary for both offenders and victims. To date, 60 mediations have been conducted. Given the initial success of the program, the Ministry of Justice decided to expressly mention mediation in the draft of the amended law on juvenile justice.