Mediation is a free and voluntary service in which parties to an offence or a dispute can discuss the incident in a supported and constructive manner. The aim of mediation is not to investigate the offence or establish guilt; rather, it offers the parties an opportunity to increase understanding, take responsibility and seek reconciliation. It is based on restorative justice, which seeks to make amends for what has happened by focusing on the needs of the parties involved.
In mediation, the parties meet with trained volunteer mediators. During the meeting, and with the support of the mediators, the parties present their own views on the offence or dispute and the thoughts, feelings and needs that the event has stirred up in them. The meeting may include an apology and agreements on matters such as compensation for damages, changes in behaviour or other forms of remuneration. Mediation may be discontinued if the conditions for continuing it are not met.
Mediation can replace or complement court proceedings. It helps the parties process the incident and may reduce the risk of further offences. The focus is on dialogue and the future.
How does mediation work?
A mediation matter can be initiated by submitting an initiative to a mediation office. A mediation initiative can be submitted by the police, prosecutor, guardian or the parties concerned. There are 17 mediation offices in Finland.
The office assesses whether the case is suitable for mediation and contacts the parties involved. Mediation begins if all parties consent to it and the other required conditions are met. In cases involving minors, the consent of a guardian is required.
The meetings are confidential and may include separate and joint discussions with the support of the mediators. At the end of the process, a written agreement may be drawn up, and its implementation is monitored. The agreement may influence whether a criminal case proceeds to court, but the final decision is made by the authorities.
How does mediation differ from court proceedings?
Mediation is quicker and more flexible than court proceedings. It is always voluntary, and no punishments are imposed, nor is guilt determined.
The outcome may be an agreement that is legally binding. If no agreement is reached, the mediation may conclude without one. The mediation office may also discontinue the process.
After mediation, the mediation office provides information on the outcome to the police or the prosecutor, who decide how the case will proceed. In complainant-offence cases, the criminal process may come to an end if the complainant withdraws their demand for punishment during mediation.
Who steers and supervises mediation?
Mediation is steered and supervised by the Ministry of Social Affairs and Health and THL. THL draws up contracts with service providers, such as municipalities, organisations and wellbeing services counties. THL is also responsible for the training of those involved in mediation services and for the quality of monitoring.
In 2027, responsibility for steering and organising will shift to the Ministry of Justice and the National Legal Services Agency (OPV). The change will not affect the content of the service. Mediation will remain free of charge, voluntary and confidential. The service provider structure will also remain unchanged.
How can I make a complaint about the mediation service?
If you feel that a mediation office has acted unlawfully or inappropriately, you may submit a complaint to THL. The complaint must concern the quality or legality of the service, not the outcome of the mediation. The complaint may be made informally, e.g. by email.
If the matter involves an official decision, such as the discontinuation of mediation or a negative mediation decision, you may lodge an administrative appeal with the Administrative Court in accordance with the appeal instructions attached to the decision.
How is mediation developed?
Mediation is developed both nationally and regionally. THL is responsible for national development, training and quality monitoring. The Advisory Board on Mediation in Criminal Matters, appointed by the Government, supports this work.
At the regional level, the mediation offices develop the activities in a client-driven manner and provide support, guidance and supervision to volunteer mediators. Development work also takes place in projects and working groups.