Mediations with the participation of family members with domestic violence problem – possibilities and barriers

Abstract

It is increasingly common in Poland to resolve conflicts by way of constructive methods. Mediation as one of such methods does no longer solely refer to juvenile matters from which it actually started in Poland. Due to its numerous positive aspects it is conducted in various areas of Polish people’s lives: politics, religion, education, etc. Researchers seek also an answer to the question as to whether it is reasonable to apply it in the matters involving the persons deprived of liberty. It seems that in the case of certain offences it is substantially less applicable than in others. As an example, a considerable controversy sparks off when domestic violence perpetrators take part in mediation, which is why the objective of the article consists in pondering upon possibilities and barriers of their participation in mediation meetings both in the civil and penal matters. Accordingly, the term “domestic violence” is defined and the specificity of conflicts accompanying violence is covered then. Nevertheless, the emphasis is put on the analysis of mediation in civil matters – family and penal matters with the participation of persons deprived of liberty in accordance with the Article 207 of the Polish Penal Code.