Quality report: Mediation in criminal and civil cases
General description
Mediation in criminal and civil cases is a voluntary, impartial, free-of-charge and nationwide service in which the parties to the case are given the opportunity to address a criminal or civil matter in the presence of impartial mediators. Mediation may serve as an alternative to, or a procedure complementing, the criminal process. Mediation is based on the Act on Conciliation in Criminal and Certain Civil Cases (1015/2005).
In Finland, there are 17 state-funded mediation offices that receive initiatives for mediation and organise mediation processes. These statistics describe the services provided by these offices in a comprehensive manner and respond to the needs of a wide range of user groups. Key user groups include actors involved in the mediation of criminal and civil cases, the Advisory Board on Mediation in Criminal Cases, the Finnish Institute for Health and Welfare (THL), the police and other authorities, researchers, and citizens.
Description of the statistics
The statistics on the mediation of criminal and civil cases describe the number and nature of criminal and civil cases referred to mediation offices, as well as their progression within the mediation process. In addition, the statistics describe the age and gender distribution of the parties to the cases. Cases that have occurred in intimate relationships are also presented separately. The statistics provide information on the initiation and discontinuation of the mediation process, as well as on agreements reached through mediation. The geographical reference area of the statistics covers the whole of Finland, including Åland.
The Finnish Institute for Health and Welfare (THL; until 31 December 2008 the National Research and Development Centre for Welfare and Health, Stakes) has collected data and produced statistical reports on the mediation of criminal and civil cases since 2006. The published data always concern the calendar year preceding the year of publication. The aim has been to publish the data within six months of the end of the calendar year under review. However, in recent years, due to production-related reasons, the time of publication has most often been postponed until the end of the calendar year following the statistical year.
Relevance
The statistics support not only the development of mediation activities, but also the preparation of the central government budget. In addition, THL uses the data in evaluation reports and statements. The statistical data play a role, among other things, in the implementation and monitoring of Finnish criminal policy and, more broadly, services provided to citizens. The data are also utilised for various types of international reporting (including GREVIO).
Content of the statistics
The statistical population consists of all mediation offices in Finland (17) together with their respective service areas. Åland is also included. The coverage of the statistics is 100 per cent.
The statistics cover data on all initiatives in criminal and civil cases referred to mediation offices; the numbers of criminal offences and civil disputes derived from these initiatives; categories of criminal offences; the numbers of persons involved in mediation; age and gender distributions; as well as the forms of reparation related to the mediation of crimes and disputes and the monetary values of compensations. The time series extends back to 2006.
The key concepts and variables of the statistics are described as part of the statistical report.
Statistical process
Data sources
The source data consist of the Sopu Register maintained by THL. The data are record-level data.
Data collection method (in Finnish)
Data collection method
Before 2019, data were collected annually from all mediation service areas: a data request was sent to mediation offices in December, and the data were requested to be returned by the end of February. The data were collected using an electronic form in accordance with THL’s record description. The statistics were compiled once the required data had been received from all mediation offices.
As of the beginning of 2019, a new nationwide information system, Sopu, maintained and developed by THL and used by all mediation offices, was introduced. THL acts as the controller of the register. From 2019 onwards, statistical data have been obtained directly from the Sopu system’s database. The data are extracted from the information system each year in April following the calendar year under review.
All criminal offences and civil disputes referred to mediation that have been recorded as received during the calendar year under review, i.e. between 1 January and 31 December, are extracted from the database. Decisions on the start and discontinuation of mediation, as well as agreements (or cases concluded without an agreement), must be recorded in the system no later than 31 March of the year following the calendar year under review. Decisions or agreements recorded after this date, i.e. cases that are still ongoing, are not included in the statistics.
The classification of criminal offences referred to mediation was partially redefined after the introduction of the Sopu system
Data validation
The data are extracted from the database via a statistical data cube. Extraction scripts have been defined for the statistical cube, which contains more than 200 indicators. The data are extracted into the cube in April: information on the initiation of the mediation process during the statistical year is monitored until the end of March of the following year, and thus a positive or negative mediation decision is included in the report only for those mediation cases for which a decision has been made before that point.
The extracted data are provided to mediation service providers in Excel format for validation. The time allocated for validation is usually approximately one month. Service providers report any errors or deficiencies they detect, and efforts are made to clarify their underlying causes. In most cases, the cause has been found to be related to recording practices. The figures have also been compared with figures from previous years in order to identify potential anomalies. For some figures, however, clarity is not achieved.
Findings requiring corrections have mainly concerned the numbers of positive decisions and the numbers of volunteer mediators. Corrections and reinterpretations have been made on the basis of the best available information. Due to errors in data entry, it is possible that approximately 7 per cent of cases each year remain without a decision. This affects, among other things, the mediation start rate, as it can be assumed that these cases are mainly positive decisions. The issue can be observed, for example, in an appendix table where, for an individual service provider, the number of positive mediation decisions may be lower than the combined total of discontinuation decisions and agreements.
The use of the information system is specified and guided as necessary; this may have resulted in clarifications to certain recording practices.
Data processing
The extraction process is based on extraction definitions prepared with the support of subject-matter expertise, in which the conditions defining the content of each indicator are specified. On the basis of these definitions, aggregated SQL calculations have been performed in the Sopu database for each indicator, both by mediation office and at the national level. The data have also been calculated on an annual basis according to the date of receipt of the initiative. The results of the calculations have been compiled in the database into a single fact table. The contents of this table have been extracted from the database and entered into THL’s reporting user interface, resulting in a completed database report.
The database report is reviewed, and the figures are sent to the mediation offices for verification. Any potentially anomalous or illogical figures are examined together with the mediation office concerned. If an error has occurred in data entry, efforts are made to correct it at the mediation office. After this, the figure is re-extracted before being utilised in the statistical report.
Data revision
The statistical data on criminal and civil cases are based on information recorded by professional staff of mediation services during client encounters and communications. The basic information related to mediation initiatives (such as case titles) has been obtained from the parties initiating the mediation, primarily directly from the police. This information has also been recorded in the information system by the professional mediation staff.
Most fields in the information system are not mandatory, which means that data quality may vary and the data may also be updated retrospectively multiple times. Consequently, the data are also revised retrospectively with each statistical publication. Revisions occur on an indicator-by-indicator basis, and therefore no average degree of change is available.
Data for previous statistical years are updated retrospectively as necessary.
Costs and response burden
The actual costs and response burden of the statistics have not been assessed.
The information system from which the statistical data are collected is in daily use in all mediation offices. In practice, the system serves as a process management tool for professional mediation staff as well as a tool for documenting their work. Consequently, it may be difficult to allocate time separately for any response burden arising solely from statistical purposes.
The extraction and processing of the statistical data, as well as the compilation of the report, are covered by the state subsidy for the mediation of criminal and civil cases. These stages require the work input of approximately three experts, and the entire process, including all stages, takes around one month alongside other duties.
Statistical quality assessment
Accuracy and reliability
From 2008 onwards, the instructions for data compilation were specified so that criminal offences are reported according to the case numbers of the offence titles recorded in pre-trial investigation materials or investigation reports.
Before the introduction of the mediation information system (2019), the statistics on the mediation of criminal and civil cases contained aggregate data, which meant that cross-tabulation between different sections was not possible. It was not possible to compile statistics on the mediation process of an individual offence or its duration. The statistics were subject to uncertainty factors stemming from the limitations of the client information system. The client information system in use had been designed primarily for documenting practical client work at a time when statistical data were not yet being compiled. In addition, there were inaccuracies in the statistics concerning the referring authority of cases directed to mediation, as well as the gender and age of the parties. The correctness of the statistics depended on the accuracy of the responses provided by the mediation offices.
No systematic data validation was carried out at THL; however, if clear inconsistencies or errors were detected in the data, their background was verified with the data provider and corrected where necessary. As a result, the annual time series data also changed and were updated following corrections. The content of the statistical form was partially revised from 2012 onwards, but the time series data have nevertheless been preserved.
The current Sopu information system enables data to be obtained directly from the database without mediation offices having to complete a separate form for statistical purposes. Since the introduction of the Sopu system, statistical data have become more accurate and also allow for cross-tabulation. Any potential inconsistencies or other errors are investigated, but the data themselves are not corrected by THL. The correction of data or the completion of missing information can only be carried out by the mediation office responsible for the actual mediation process.
The current statistics are based on entries made by data producers in their information system, and the accuracy and coverage of the data depend on the information received from data providers. It is possible that, as the mediation information system originally did not include mandatory fields, there is a possibility of non-response error. In practice, missing data would result from human user errors, meaning that information may inadvertently be left unrecorded in the system. A positive decision is an example of such information.
With regard to initiatives in civil disputes, gender and age data may also be unavailable, as comprehensive personal data on the parties to civil disputes are not always obtainable.
In addition, it should be noted that the same person may be included as a suspected offender, an injured party, or a party to a civil dispute.
Timeliness and punctuality
The published data always concern the calendar year preceding the year of publication. The aim has been to publish the data within six months of the end of the calendar year under review. However, in recent years, due to production-related reasons, the time of publication has most often been postponed until the end of the calendar year following the statistical year.
From 2027 onwards, the data collection process and reporting will be the responsibility of the Legal Aid Agency. It is possible that the time series of this report will come to an end.
Coherence and comparability
Up to 2018, the statistical data were obtained as aggregated data separately from each mediation office using a data collection form specifically designed for statistical purposes, at a time when a shared client information system was not yet in use. As of the beginning of 2019, a new nationwide information system, Sopu, was introduced in mediation offices. As a result, regional comparisons are now based on mutually comparable data.
However, several specific changes must be taken into account when making time series comparisons. Up to 2018, parties to civil disputes were included among the parties to criminal mediation; currently, data on parties to civil and criminal cases are available separately, as recorded in the Sopu system. From 2019 onwards, detailed information on criminal and civil cases has been available as recorded in the mediation initiatives. Up to 2018, the offence classification used in statistical data collection was more limited, and offences referred to mediation that were not listed on the data collection form were included in the category “other offence”.
The proportion of mediation processes that concluded with an agreement has been calculated in a different manner since 2023. The number of agreements reached has been related to the number of mediation processes that have been concluded, whereas in previous years it was proportioned to the total number of initiated processes. Consequently, the data are not comparable with data from previous years.
From 2024 onwards, the number of mediators has been extracted in such a way that only those mediators who have mediated at least one case during the reference year are included in the extraction. Previously, all mediators recorded as active were included in the calculation.
Mandate
The production of the statistics is based on the Act on the Finnish Institute for Health and Welfare (688/2008) and the Statistics Act (280/2004). As part of its statutory duties, THL is responsible for producing statistical information on the health and welfare of the population, the factors influencing them, and the use and functioning of social and health services, in support of decision-making, development, and research.
In addition, the mandate is based on the duties of the Advisory Board on Mediation in Criminal Cases (Government Decree on Conciliatino in Criminal and Certain Civil Cases 267/2006). The Advisory Board on Mediation in Criminal Cases, appointed by the Government for a term of three years at a time, guides, monitors, steers, and promotes the national and international activities and development of mediation. The data collection task is linked to the duties of the Advisory Board laid down in Section 1 of the Conciliation Decree (Government Decree 267/2006), namely (item 1) to monitor and assess development and research and to make proposals for development, and (item 3) to monitor and promote the implementation of uniform application practices of the Act. According to the Conciliation Act, the general administration, guidance, and supervision of mediation activities fall within the remit of the Ministry of Social Affairs and Health (MSAH).
THL’s statistical production practices are guided by the guidelines, recommendations, and regulations of Eurostat and the Official Statistics of Finland, as well as by principles of statistical ethics.
Dissemination
The Finnish Institute for Health and Welfare publishes the data at a time announced in advance in the statistical release calendar. The data are released simultaneously to all users.
Publication calendar for statistics
The statistical reports are public. By contrast, the data contained in the register are confidential. Mediation service providers grant permissions for the use of the data on the basis of the Act on Mediation in Criminal and Certain Civil Cases (1015/2005).
Statistical data protection
The Finnish Institute for Health and Welfare, as a public authority, has an obligation to report aggregated nationwide data relating to health and welfare. The data used in the compilation of THL’s statistics are primarily confidential, and personal data may not be published. The protection of the data processed is based on the Act on the Finnish Institute for Health and Welfare (688/2008), the Statistics Act (280/2004), the Act on the Openness of Government Activities (621/1999), the EU General Data Protection Regulation (EU) 2016/679, the Data Protection Act (1050/2018), the Act on Conciliation in Criminal and Certain Civil Cases (1015/2005), as well as other legislation governing THL’s activities.
THL’s data resources are protected at all stages of processing. Only persons who have been granted the right to use a specific dataset for clearly defined purposes have access to the data and information systems. Others do not have the possibility to view, process, modify, or delete the data. Written guidelines have been drawn up to ensure data protection for the final statistics. All members of THL’s staff are bound by a duty of confidentiality.
Special issues in the 2024 statistics
In the statistics on the mediation of criminal and civil cases for 2024, a new section providing an overview of the mediation concerning children and young people was introduced. In addition, the indicator describing the number of mediators has been modified. The calculation of the percentage describing the number of agreements was changed in 2023, and the same calculation method as in the previous year is applied in these statistics.
When examining the figures for the statistical year, it was observed that approximately 7 per cent of cases that had remained open from previous years had not received any decision at all. In other words, the figures have not been revised. This indicates that a systematic error has most likely occurred in the data entry into the database. THL will improve its guidance.