The Role of Mediation in Criminal Law and Its Relation to the Best Interest of the Juvenile

Abstract

This paper presents a multidisciplinary analysis of the Institution of Mediation within the Georgian criminal legal system. Specifically, it examines the role of the Diversion-Mediation mechanism in juvenile justice. The research substantiates the priority of this form of restorative justice, which was introduced in Georgia in 2010, despite the fact that the Georgian legal tradition historically possessed analogous institutions of mediation (such as mediating courts). A key aspect analyzed is the correlation between mediation and the constitutional and international principle of the Best Interest of the Juvenile, which ensures the minor’s safety, well-being, resocialization, and the prevention of stigmatization.                                                         

Furthermore, the paper discusses the balancing function of Diversion/Mediation as an alternative mechanism to criminal prosecution. This mechanism effectively achieves the objectives of sentencing—namely, resocialization and rehabilitation—without resorting to repressive measures. An analysis of international practice (USA, Norway) reveals the growing popularity and high efficacy of restorative justice in terms of crime prevention and the satisfaction of the parties (offender/victim). Statistical data recorded in Georgia since 2010, particularly the low recidivism rate and the increasing trend of program enrollment in recent years (2022-2023) (including its extension to certain categories of adults), unequivocally confirms the high effectiveness and prospective value of the institution of mediation for the country's legal system.