The course of mediation proceedings on the basis of the rules of organization and conducting out-of-court mediation at the stage of executive proceedings

Abstract

Mediation as an alternative method of dispute resolution is gaining more and more popularity in various areas of social life. The currently binding legal acts regulating the issues related to serving a sentence of imprisonment do not contain provisions on the use of mediation as an amicable method of dispute resolution giving the possibility of reconciliation between the perpetrator of the prohibited act for which the court adjudicated the penalty of imprisonment, and the victim of the crime. Therefore, it should be clarified whether the lack of regulations in the indicated scope constitutes an obstacle to the use of mediation after the end of criminal proceedings as an element implementing the idea of restorative justice. The aim of this study is to present the course of mediation proceedings conducted after the end of the criminal trial. The analysis of the course of the mediation procedure will be carried out on the basis of the provisions of the regulations developed for the implementation of the project entitled: “Pilot of the program implementing the idea of restorative justice in the District Inspectorate of Prison Service in Lublin”. The article is divided into nine parts. The first part is an introduction to the considerations on the idea of restorative justice allowing for reconciliation between the inmate and the victim of the crime. The next part is devoted to international regulations, which constitute the basis for the use of mediation at the stage following the end of criminal proceedings. Parts from three to eight contain an overview of the course and organization of the mediation procedure based on the provisions of the regulations developed for the implementation of the Pilot Project, from the moment of its initiation to its completion. The last part summarizes the analysis performed. The considerations presented in the article lead to the conclusion that the lack of regulations in generally applicable acts of law does not constitute an obstacle to the use of post-conviction mediation as a method enabling the implementation of the idea of restorative justice and giving the possibility of reconciliation between the perpetrator of the prohibited act and the victim of the crime.