The Position of the Accused as a Party in Mediation Proceedings

Abstract

Mediation, as a form of amicable dispute resolution, is also permitted in criminal proceedings. Reaching an agreement between the perpetrator (accused) and the victim is intended to enable a swifter conclusion of the case and to resolve it in a manner acceptable to both parties. The purpose of this article is to analyse the current legal framework and to assess whether the accused’s position in mediation is adequately protected. The analysis focuses on whether, by agreeing to certain concessions, the accused may legitimately expect that this will bring about tangible benefits in the decision ultimately rendered in his case.