RIGHT TO MEDIATION


Being a victim of crime, you have the right to launch mediation with the perpetrator.
Mediation is a voluntary method of resolving conflicts, which creates a possibility to start a dialoguebetween the perpetrator and the victim,explain contentious issues and reach agreement. The mediation is conducted by an unbiased and neutralprofessional mediator.

Mediation may be requested by the court or the court referendary,and at the stage of the preparatory proceeding (inquiry or investigation) this can be done by the prosecutor or any other authority conducting the proceeding. You can also launch mediation yourself, and the same applies to the perpetrator. Remember that themediation can start when both parties express their consent.

Mediatorsare trained regarding the proceeding and their role is to support and facilitate communication between the parties, in other words between the victim and the perpetrator. Mediation can help you expressing your problemsand feelings related to the crime and stop being afraid of the perpetrator, who in turn will have an opportunity to understand his/her deeds, harm he/she caused and consider compensation for all bad things he/she has done.

The mediation is free, confidential and voluntary. Remember that at every stage of mediation you can withdraw without any negative consequences. The mediator is obligated to keep all circumstances he/she learned during the mediation confidential, and then the person cannot be interrogated in the court.

During mediation you have the possibility to come into agreement with the perpetrator, and such agreement may include the method of compensating the harm caused.
Once the agreement is reached, the proceeding continues but the result of the mediation will influence the proceeding and in the case of less serious crime, it may lead to the termination of the criminal proceeding. It is important that this may take place upon your request.

Mediation is not a sign of weakness on the part of the victim. Quite contrary, it shows the intention to take part in decision making. With the support of a professional mediator you will be able to eliminate fear caused by the incident and discuss ways of compensating harm caused that are satisfactory to both parties.

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