Criminal cases suitable for mediation
Mediation is best suited to situations where the parties are willing and able to discuss the incident with one another. Most cases referred to mediation involve offences against the person or against property. More serious offences may be handled in mediation only if considered appropriate. Crimes against minors needing special protection, or violence in close relationships, may not be mediated.
Civil matters suitable for mediation
In civil matters, mediation is suitable for situations in which at least one of the parties is a private individual. Such cases may include disputes related to neighbourhood relations and housing, disagreements concerning rent, minor contractual disputes, disagreements at school, and inappropriate or disturbing behaviour by people or animals. Mediation does not deal with extensive or complex legal disputes; instead, it focuses on interactions between the parties and reaching mutually agreed solutions.
How is suitability for mediation assessed?
The suitability of a matter for mediation is assessed by the professional staff of the mediation office concerned. Based on mediation initiatives, they assess aspects such as the incident, its background and its consequences as a whole, as well as the relationship between the parties and their willingness to participate in mediation. The decision is based on the law and on ensuring that mediation can be carried out safely and fairly.
Mediation is grounded in the theory of restorative justice, whose key principles include the possibility of repairing relationships, respectful dialogue, taking responsibility, and making amends. Mediation focuses on how the parties can jointly address what has happened and agree on its consequences.
Benefits of mediation
All parties can benefit from mediation. The victim of an offence is given an opportunity to be heard and to receive reparation. The suspect is given a chance to take responsibility, apologise and compensate for the harm caused. In civil matters, mediation can help to ease tension and find mutually satisfactory solutions. Mediation is quicker and more flexible than court proceedings.