Mediation in Germany and Other Western Countries

Abstract

Abstract.Empirical studies over the past decades have repeatedly shown the limited usefulness of harsh punishment in reducing crime. In response to these research results, historical approaches to crime reduction, such as mediation and restorative justice, have regained prominence, especially in Germany and other western European countries. The women's movement and the growing role of victimology have contributed to the increased use of these methods as alternatives to incarceration. The debates across these countries vary depending on the historical background of the penal climate in these states, which particularly explains the differences between Eastern and Western European countries in this regard. Empirical studies show the positive impact of mediation on offenders as well as victims. yet in spite of these results, in most countries, including Germany, the use of mediation remains limited, especially in regard to adult offenders. At the same time, the uses of mediation in non-criminal conflict settings, such as schools, family or work disputes have increased significantly with positive results.

The Role of Mediation in the Development of Integration Processes in the Azia-Pacific Rim. IV Asia-Pacific Mediation Conference, October 4, 2019, Vladivostok

“…On the background of a critical discussion of the effectiveness of sharp punishment to reduce crime, historical practices such as Mediation and Restorative Justice have re-emerged (see. Johnstone and Van Ness 2007;Kury and Kuhlmann 2016;Kury 2017a). London (2011, p. 13) has characterized the shift thus: "Restorative justice as both a philosophy and an implementation strategy developed from the convergence of several trends in criminal justice: the loss of confidence in rehabilitation and deterrence theory, the rediscovery of the victim as a necessary party, and the rise of interest in community-based justice".…”

Prospects for the Development of Family Mediation in Russia and the Republic of Kazakhstan

“…The experience of resolving this problem in Germany [15], Italy [16], Spain [17] can help make the Russian model of compulsory mediation more effective and avoid those mistakes that could harm the credibility of the new institution of mediation [18].…”