Criminal Mediation is a modern legal system that aims to solve criminal disputes through nontraditional means. Such a system can help in avoiding the regular adjudication of crimes via courts. This system was initially applied in Canada in 1974, then in the United States in 1978. Later on, it started to be implemented in nearly all European countries. This system is based on the idea of solving criminal disputes away from the court's process, but at the same time under its supervision. This operation is assigned to a mediator who meets both parties in order to reach an agreement between them. In other words, this system will not ever be applied unless the parties of the dispute have agreed on this. The case will accordingly be closed, if the parties reach an adequate agreement. As a result, this system saves time, effort, and expense besides reducing the number of cases to be tried judicially. In conclusion, in those states which have so far applied this system, criminal mediation has proved its effectiveness and efficiency for all parties including the defendant, the plaintiff and society.
Al Massaada, Anwar Mohamed and Zaghlool, Bashher Zaghlool
"Mediation as an Adversarial Criminal Resolution Method A Comparative Analysis,"
Journal Sharia and Law: Vol. 2009
, Article 4.
Available at: https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2009/iss40/4