Court-annexed Mediation in Finland
Insurance Court European Court on Human Rights (Strasbourg) of Justice (Luxembourg) High Court of Impeachment Supreme Court Supreme Administrative Court Regional Courts of Appeal(5) Labour Court District Courts (27) Insurance Court Regional Administrative Courts (7) Land Courts (8) Market Court
Promotion of a Settlement Afer filing in a case // During the trial in District Court (preparatory stage) Also in Court of Appeal Judges’ role Disqualification of the Judge Not Mediation / a Part of the trial
Harms of Trials Uncertainty with evidence; law and desicion-making Dissatisfaction => Court of Appeal & Supreme Court (precedent setting ) Extraordinary appeal in case of procedural errors etc. Time & Costs
Benefits of Mediation - saved time - lower costs - flexibility -less stress - forward-looking -satisfaction -finality -confidentiality
Finnish Court -annexed Mediation in civil cases Can be applied in non-mandatory civil matters and petitionary matters Always voluntary – all parties consent to mediation Court desides wether mediation is to be commenced Confidentiality Mediator is not the judge dealing with the matter in the trial
Suitable cases for Mediation Equally balanced parties capable to negotiate Conflict in reasonable level The parties have to meet / work together in the future Parties need someone to help with the negotiations / reaching an agreement Parties understand the benefits of Mediation
Obstacles of Mediation Cases with purely judicial nature and a need of judgment // precedent Parties (or one of them) unable to negotiate
Mediation in child custody disputes Parents’ disagreement concerning the custody, right to access and maintenance of a child The mediator in court is a judge assisted by an expert (psychologist or a social worker) Parents or one of them may apply The court may confirm the agreement
Training for Judges Training organised by the ministry of Justice Mandatory before starting Theory & Case simulations What is difficult for Judges ? Expert after 200 cases ?
Some statistics - 2 000 cases /year out of 8 000 cases Agreement reached 70 – 80 % of cases
Mediation in criminal cases – organised by The National Institute of Health and Welfare - Offender & victim have a possibility to meet and handle the harmful causes of the offense and find a way to settle them Organised outside courts - usually before/during preinvestigation or consideration of charges Voluteer, but trained mediators Free of charge, confidential, voluntary
More information (in finnish /swedish / english) www.oikeus.fi (general information by the Ministry of Justice ) www.finlex.fi (acts) www.thl.fi (mediation in criminal cases)
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