1. Court-annexed Mediation in Finland

2. 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

3. 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

4. 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

5. Benefits of Mediation - saved time - lower costs - flexibility -less stress - forward-looking -satisfaction -finality -confidentiality

6. 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

7. 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

8. Obstacles of Mediation
Cases with purely judicial nature and a need of judgment // precedent
Parties (or one of them) unable to negotiate

9. 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

10. 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 ?

11. Some statistics - 2 000 cases /year out of 8 000 cases
Agreement reached
70 – 80 % of cases

12. 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

13. More information (in finnish /swedish / english)
(general information by the Ministry of Justice )
(acts)
(mediation in criminal cases)

14. Thank you for your attention