What is social mediation?

Basic information on mediation

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What is social mediation?

Mediation is a process whereby disputing parties meet together to try and resolve their differences by means of constructive discussion. It can be used both for disagreements between individuals and for the settling of criminal cases and disputes. In addition to the disputing parties themselves two trained, impartial voluntary mediators also attend the discussions. In the case of those under 18, their guardians take part.

The aim of social mediation is to achieve conciliation between the disputing parties before the situation comes to a head and becomes a police matter. In particular the focus is on mediation between people of different cultural backgrounds.

Let’s Talk is a co-operation project between the International Organization for Migration (IOM), Regional Offi ce for the Baltic and Nordic States and the Mediation offi ces of the City of Vantaa and the City of Helsinki. The project develops mediation models for the solution of confl icts between parties belonging to different

The International Organization for Migration (IOM) is committed to the principle that humane and orderly migration benefi ts migrants and society. As the leading international organization for migration, IOM acts with its partners in the international community to: assist in meeting the growing operational challenges of migration management; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants.

Copyright © International Organization for Migration, 2004ISSN 1238-8211IOM Helsinki 73/2004

Edita Prima Oy Helsinki 2004

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nationalities and ethnic groups, and its aim is to train people from refugee backgrounds as mediators. The main funding source in 2003 was the European Refugee Fund. The project’s international co-operation partner is the North East Consortium for Asylum Support Services (NECASS) based in Newcastle-Upon-Tyne, England.

Advantages of Mediation

Mediation provides an opportunity for the disagreeing parties in personal disputes or criminal cases and disputes to meet each other and, through the mediation of an impartial third party, to deal with the material and mental damage the dispute has caused, attempting on their own initiative to fi nd some way of alleviating these. The basic principles of mediation, that it is voluntary, confi dential and impartial, provide the prerequisites for reconciling different viewpoints and reaching an agreement.

Mediation helps the parties involved to understand the causes of the dispute or the crime and also the damage suffered by the different parties. The goal is to fi nd a

solution and action plan acceptable to both sides. Each side takes responsibility for its acts and the injured party or victim receives compensation for damages suffered. In disputes between individuals the aim of the agreement is to try and prevent the dispute from continuing and developing.

In criminal matters where the police are already involved they may decide to take no further action if an agreement has been reached, and the prosecutor may

IMPARTIAL – FAIR – FREE OF CHARGE

• PARTIES CAN MEET EACH OTHER SAFELY AND

THEMSELVES INFLUENCE THE OUTCOME OF

THE MATTER IN HAND

• AGREEMENTS BETWEEN PARTIES REACHED

BY COMMON CONSENT

• TRAINED, IMPARTIAL MEDIATORS, COMPLETE

CONFIDENTIALITY

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not bring charges. If he does decide to bring charges, however, the district court may take the conciliation and the compensation decision into account when deciding on the penalty to be administered.

Disputes between parties from different cultures can be resolved through social mediation before the differences escalate into confl icts that interfere with everyday life. Criminal proceedings can also be avoided in this way. Through mutual interaction it becomes easier to understand different ways of thinking and acting. The mediation sessions aim to achieve at least a minimum improvement in the parties’ understanding of each other and what has happened, enabling them to meet in the future without fear, ill-feeling, or desire for revenge.

When can mediation be used?

The prerequisites for resolving a matter by mediation are that there should be clearly-defi ned disputing parties involved and that it should be possible for them to infl uence the matter to be dealt with. Either party

involved in a confl ict or disagreement can take the initiative and ask for the matter to be handled through social mediation; there is no need for a report of an offence to have been made to the police.

In criminal matters a request for mediation can be made by the police, the prosecutor, another offi cial, or other person involved. Requests are made mainly in cases of damage, assault, crime involving property, and the disturbance of domestic peace.

WHAT ARE SUITABLE ISSUES FOR MEDIATION?

• DISPUTES BETWEEN INDIVIDUALS

• DISPUTES BETWEEN NEIGHBOURS

• DOMESTIC PEACE OFFENCES

• CRIMES INVOLVING PROPERTY

• CASES OF CRIMINAL DAMAGE

• CASES OF CRIMINAL ASSAULT

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The stages of mediation

First steps towards mediation

A party involved in a dispute can initiate mediation without offi cially reporting an offence. In criminal cases and disputes the issues for mediation are based on a reported offence and the police and prosecutor make a telephone request for mediation. The parties to a criminal case (including the guardian of a child or young person) can also contact the Mediation offi ce themselves and request mediation.

Participation in the mediation process is free of charge to those involved in the dispute in question.

Taking on an issue for mediation and choosing the mediators

The Mediation offi ce clarifi es the willingness of the parties involved to mediate. It is always the parties themselves who make the decision to come to mediation, and for the mediation process to be initiated

the consent of all parties concerned is required. If all agree to mediate, the Mediation offi ce selects a pair of mediators to guide the discussions. These mediators make themselves familiar with the preliminary investigation documents or other background material.

Planning

The mediators study the written material relating to the issue. After this they make a plan of how to take care of the matter to be mediated.

WHAT CAN MEDIATION OFFER?

• THE CHANCE TO SEARCH FOR AN AMICABLE SETTLE-

MENT TO DISPUTES OR CRIMES

• THE CHANCE TO RECEIVE COMPENSATION FOR DAMAGE

• MEDIATION MAY MEAN A MORE LENIENT SENTENCE

• SUCCESSFUL MEDIATION MAY HALT THE PRELIMINARY

INVESTIGATIONS OR MEAN THAT NO CHARGES ARE

BROUGHT

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Contacting those involved

The mediators initially contact all the parties separately and the necessary time is reserved for the various discussions. There is also individual contact with each participant separately in the form of meeting them or else by telephone.

The mediation sessions

The mediation sessions are attended by the parties to the issue to be discussed and the guardians of those under 18. There can be more than one session. The mediators act as a pair and their job is to act as chairmen of the discussion, according to an agreed distribution of tasks.

The different parties involved are each allowed to give their view of the events which have taken place, the feelings which these have aroused, and the damage which has been caused. When opinions on what has happened have become suffi ciently unanimous, the two sides can apologize and agree on mutually respectful behaviour or on compensation for damage caused and other ways of making amends.

The mediators help the parties involved to fi nd different solution alternatives. On the basis of the discussions a mediation agreement is drawn up, in which are entered those matters about which the parties have reached unanimity, and also the methods of compensation (apology, fi nancial compensation, compensation through work performed or other form of compensation) and details about the payment or realisation of the agreed compensation.

Where necessary the help of an interpreter is available in the mediation process. The interpreter will be an offi cial agency interpreter who is pledged to observe complete confi dentiality.

Follow-up and decision

The fulfi lment of the agreement is monitored by means of a follow-up. This can be done by the mediator or the Mediation offi ce or on the parties’ own initiative. The mediation process ends when the agreement has been fulfi lled. In criminal cases the agreement is delivered to the police or prosecutor who initiated the process and one copy is fi led at the Mediation offi ce.

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Who can take part in mediation?

In social mediation parties from different cultural backgrounds who are engaged in personal disputes or confl icts can meet each other voluntarily and discuss what has happened.

In criminal cases and disputes mediation is intended both for the injured party or victim and for the person suspected of the crime.

In the case of those under 18, their guardians attend the mediation sessions. The parties participate in mediation voluntarily.

The mediator is a specially trained voluntary worker and his role in the process is to be impartial and listen to all sides of the argument. The observation of confi dentiality and equality are an integral part of this role. The mediators’ task is to guide the settlement of the dispute so that conciliation and an agreement are reached.

How do I become a mediator?

The municipalities and certain organizations are responsible for arranging mediation availability, and it is funded by the municipalities. The Mediation offi ces run basic courses for training adults (over 18) as mediators, and also arrange further training.

To become a mediator you need the ability to get along with different people, discussion and negotiation skills, and a positive attitude in problematic situations. You

WHO INITIATES MEDIATION?

• A PARTY TO THE DISPUTE OR CRIME

• THE POLICE, PROSECUTOR OR OTHER OFFICIAL

• THE GUARDIAN OF A CHILD OR YOUNG PERSON

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need to be a well-balanced person, able to co-operate with others, and should apply to become a mediator only if your own life is stable. The various educational, work and life experiences of volunteers are useful in the mediation situation.

The mediator’s job is not that of a professional offi cial, but voluntary, which means that a mediator does not receive payment for his work. He is, however, reimbursed for expenses.

Mediation is extremely confi dential, and for this reason, although the mediator is not an offi cial, he is bound to secrecy in his work.

Further information on training is available from your local Mediation offi ce.

HOW DO I BECOME A MEDIATOR?

• MUNICIPALITIES AND ORGANIZATIONS TRAIN

ADULTS (OVER 18) AS MEDIATORS

• FURTHER INFORMATION FROM YOUR LOCAL

MEDIATION OFFICE

Contact details

Vantaan kaupungin sovittelutoimisto(City of Vantaa, Mediation offi ce)Peltolantie 2 B01300 VantaaTel: 09 8392 3055Fax: 09 8392 3237

Suomen Sovittelun Tuki ry(The Finnish Mediation Association)Rovastintie 1 A 303400 VihtiE-mail: puheenjohtaja@sovitteluntuki.orgwww.sovitteluntuki.org

During the time of the Let’s Talk project also:

International Organization for Migration Regional Offi ce for the Baltic and Nordic StatesPohjoisesplanadi 21 BP.O.Box 85100101 HelsinkiTel: 09 684 11 50Fax: 09 684 11 511E-mail: mrfhelsinki@iom.intwww.iom.fi

Contact details of Finnish Mediation offi ces and further information on the Let’s Talk project can be found on IOM Helsinki’s website: www.iom.fi /letstalk

Project partners

Helsingin kaupungin sovittelutoimisto(City of Helsinki, Mediation offi ce)P.O.Box 863000099 City of HelsinkiTel: 09 3104 3517Fax: 09 3104 3291