Victim-offender mediation is an opportunity for victims and young people/adolescents who have committed a crime to bring about a satisfactory out-of-court settlement of conflicts with the involvement of an impartial third party.
When adolescents or young adults commit a crime, this can have a whole range of consequences: Injuries, property damage, anxiety, hostility and, in most cases, criminal proceedings.
Victims and perpetrators have often had dealings with each other before the offense, and the crime is often the preliminary culmination of an argument. But even if they were not previously acquainted, the events have created a conflict between the parties.
Wouldn't it therefore make sense to compensate for the injustice caused through a personal conversation and direct reparation?
In the administration of criminal justice, victim-offender mediation is a new way of dealing with crime because this arrangement does not focus on the person or the offense, but on the autonomy of the parties involved.
The public prosecutor's office or the court refers the appropriate case to the compensation office. Victims can also come forward themselves.
Victim-offender mediation can be initiated by law both in preliminary proceedings and in interim or main proceedings. Experience has shown that the public prosecutor's office already refers cases to our victim-offender mediation office during the preliminary proceedings.
Victim-offender mediation is possible
- if the offender has confessed to the offense and is willing to make amends,
- if both sides agree to victim-offender mediation,
- if the responsible judge or public prosecutor agrees to a mediation.
Victim-offender mediation offers victims the opportunity to leave their fear and anger behind and to express their very personal interests in compensation and reparation by means of an out-of-court, communicative process of finding justice, in contrast to criminal proceedings in which victims are often functionalized as witnesses.
The victim can:
- make the consequences of their crime clear to the offender and come to terms with them,
- obtain swift compensation for the damage caused,
- in the case of material damage, avoid the trouble and expense of additional civil proceedings
In victim-offender mediation, the offender has the opportunity to face up to the consequences of his actions and - as far as possible - to contribute to their resolution. This experience may have a positive influence on the offender's future behavior, as the offender can
- Explain the background to their behavior and take responsibility for it,
- show that he takes the victim's feelings seriously,
- actively put things right by making amends and make additional legal punishment superfluous.
Offenders and victims can work together to resolve a conflict that may have been pending for a long time, reduce mutual prejudices, achieve reconciliation and avoid unnecessary legal disputes.
Victim-offender mediation is a matter between the victim and the offender. Both parties must express their interest and willingness to participate. If the offender and victim agree after a discussion with our mediator, a joint mediation meeting is held.
Our mediator then conducts conflict counseling between the two parties and, if necessary, conflict resolution. The talks focus on coming to terms with the offense and its consequences as well as the reparations to be made by the offender to the injured party.
The agreement on reparation is a matter for the parties themselves; our mediator helps to draw it up. The mediator checks whether the agreements are being adhered to. Finally, a report is sent to the public prosecutor's office or the court on the progress and outcome.
