Mediation in Germany and Other Western Countries

HELMUT KURY,ANNETTE KUHLMANN

doi:10.15388/crimlithuan.2016.4.10726

Abstract

Empirical studies over the past decades have repeatedly shown the limited usefulness of harsh punishment in reducing crime. In response to these research results, historical approaches to crime reduction, such as mediation and restorative justice, have regained prominence, especially in Germany and other western European countries. The women’s movement and the growing role of victimology have contributed to the increased use of these methods as alternatives to incarceration. The debates across these countries vary depending on the historical background of the penal climate in these states, which particularly explains the differences between Eastern and Western European countries in this regard. Empirical studies show the positive impact of mediation on offenders as well as victims. Yet in spite of these results, in most countries, including Germany, the use of mediation remains limited, especially in regard to adult offenders. At the same time, the uses of mediation in non-criminal conflict settings, such as schools, family or work disputes have increased significantly with positive results.

Highlights

Some forms of mediation can help bridge the gaps between opposing interests: Restorative justice presents a different approach to achieving justice than the traditional court system
Whereas court systems depend on punitive measures and do not attend to victim concerns, restorative justice focuses on repairing the harm caused by an offense, bringing the offender back into society, and giving all actors affected by the crime a direct voice in the justice process (Gromet 2009, p. 40)
This overview of international publications on mediation and restorative justice in European countries has shown that the body of literature has grown exponentially, especially for western industrial societies

Summary

Introduction

In response to the extensive number of empirical studies over the last half century – studies which had repeatedly showed that traditional solutions to crime problems, i.e. harsh punishment, do not substantially reduce conflicts caused by crime – historical practices, such as mediation and restorative. ISSN 2351-6097 Kriminolo gijos studijos 2016/4 justice, have re-emerged (see for example: Hopt and Steffek 2008a; Johnstone and Van Ness 2007a; London 2011; Weitekamp and Kerner 2002; Dünkel et al 2015) These traditional approaches have essentially concentrated on the harsh punishment of offenders while ignoring the needs of victims of crimes, using them only as witnesses during court proceedings (Kury 2013). The article focuses on the question whether mediation does have crime prevention effects, especially when compared with traditional punitive reactions of penal justice, so evaluation results of these alternative approaches are presented.

Developments in Germany

Developments in other European countries

Results of the Empirical Evaluation of Mediation

Final Discussion