In criminal mediation, by means of a process of dialogue and confidential communication, conducted and directed by an impartial mediator, victim and perpetrator admit their capacity to solve the conflict originated by the crime.

The mediation facilitates compensation and acceptance of the consequences provoked, thus favouring the personal liability of the defendant and allowing the victim to be heard and be made whole.

Although the criminal law does not cover adult mediation, the Council Framework Decision of 15th of March (2001/220/JAI) on the standing of victims in criminal proceedings stipulates that: “Each Member States shall seek to promote mediation in criminal cases [...].Shall ensure that any agreement between the victim and the offender reached in the course of such mediation in criminal cases can be taken into account [...].Each Member State shall bring into force the necessary laws, regulations and administrative provisions necessary to comply with this Framework Decision, no later than the 22nd of March of 2006” (articles 10 and 17).

 WHAT ARE THE AIMS OF MEDIATION IN THE CRIMINAL PROCESS?

• Ensuring an effective protection of the victim by means of being made whole or diminishing the damage caused by the crime. If there is no victim, compensation may have a symbolic character before the social community.
• Making the offender accountable for the consequences of his/her offence.
• It can reduce the penalty.
• Providing means for the normalisation of his/her life.
• Re-establishing coexistence and community dialogue.
• Returning its importance to the civil society.
• Knowing the real causes and consequences of the conflict, searching the most suitable method to satisfy the personal needs of victim and offender.

HOW CAN ONE TAKE PART IN THE CRIMINAL MEDIATION PROJECT?

The judicial bodies interested in taking part in this project need, before their incorporation:

• To count on institutional cooperation (autonomous communities, town councils, bar associations...); this will financially allow counting on a certified group of mediation professionals, as well as having a proper place for celebrating meetings.
• To count on the interest and agreement of the Public Prosecutor office to take part in the project.
• To communicate the General Council of the Judiciary, through its Service of Planning and Analysis of Judicial Activities, the will to take part in the project.