(Not)applying mediation in juvenile cases Cover Image

(Not)applying mediation in juvenile cases
(Not)applying mediation in juvenile cases

Author(s): Magdalena Staniaszek
Subject(s): Penology, Social Norms / Social Control
Published by: Fundacja Pedagogium
Keywords: mediation; juvenile; restorative justice

Summary/Abstract: Presently we are noticing that social control over youth showing symptoms of demoralization is being excessively formalized - especially in case of individuals just on the verge of demoralization, and, at the same time, too arbitrary a role of the judge in cases involving juveniles. Despite legal possibilities, Family Court rarely applies mediation proceedings. In the years 2004-2016 the most mediations occurred in 2006 (366) and the fewest in 2014 (198). In 2016 there were 25 mediations, including 13 in Lodz. The presentation is aimed to show the research on juvenile cases addressed to mediation proceedings by Lodz courts in the years 2011-2016. The subject of study is the content of court files and mediation reports concerning the final results of the mediation and terms of agreement if made. Basing on research analysis we may reason that the only cases directed to mediation are the ones where the victim and the perpetrator are minors and the criminal act was extortion, bodily harm or harassment. The number of cases directed to mediation proceedings suggests that judges are still not fully convinced of the validity of restorative justice.

  • Issue Year: 15/2018
  • Issue No: 1
  • Page Range: 143-160
  • Page Count: 18
  • Language: English