Mediacja w sprawach nieletnich – skuteczny środek wychowawczy czy błędna regulacja?
Mediation in juvenile delinquency cases – an effective educational measure or wrong regulation?

Summary/Abstract: Liliana Indan-Pykno aim in this paper is to present the issues concerning application of the institution of mediation in juvenile delinquency proceedings, and to examine the reasonability of actions taken by the legislator in this regard as well as accompanying doubts. Since the inclusion of the mediation institution in the Act on Juvenile Delinquency Proceedings, this regulation has had many supporters and opponents. Thus, the following question arose, Does mediation in juvenile delinquency proceedings really make sense? The literature emphasizes the positive impact of mediation upon shaping the behaviour of juveniles by making them aware of the harmfulness of their actions and the need to redress the damage through contact with the victim. On the other hand, critics emphasize a certain artificial character of mediation in such cases. Mediation may not correct educational mistakes made over many years; however, the fact that it raises doubts should not lead to a complete elimination of the institution of mediation in juvenile delinquency cases. Mediation should continue to apply to juvenile offenders who do not show a high level of demoralization or those whose cases are heard for the first time by family courts.

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