Mediation of criminal and civil matters

Mediation of criminal and civil matters is a statutory service organised by the mediation office. It is always free of charge for the client and is available nationwide.

In mediation, the parties to a criminal or civil matter meet and address what happened and its consequences with the assistance of impartial mediators. Mediation can be carried out only between parties who have personally expressed their consent to mediation and are able to understand the nature of mediation and the significance of the solutions made in it. Mediation is not a court hearing and it does not determine criminal guilt.

Mediation is:

• voluntary
• impartial
• confidential
• free of charge

Mediation is governed by the Act on Mediation in Criminal and Certain Civil Matters 1015/2005

Mediable matters are most commonly violent crimes, property crimes, offences related to honour, privacy or bodily integrity, or various disputes. Typical subjects of mediation include:

• various property crimes, such as criminal damage, shoplifting, thefts, fraud and embezzlement
• violent crimes, such as minor and common assaults
• violations of control, unauthorised uses and vehicle thefts
• breaches of the peace at home
• defamation and unlawful threats
• crimes that have violated a person’s privacy
• various disputes that may relate, for example, to school bullying, neighbourhood or housing issues, social media, relationships, property and financial matters, and inappropriate or disturbing behaviour by people or animals

Mediation can also be used for crimes and disputes committed by persons under 15 years of age.

A mediation initiative is received by the mediation office. The initiative can be made by the police, the prosecutor, another authority, or by a party to the mediation / a guardian / a legal representative.

The mediation office assesses the parties’ willingness to mediate and the suitability of the matter for mediation, and ensures that the parties understand the nature of mediation and the significance of the solutions made in it. Before the parties give their consent to mediation, they are informed of their rights and position in the mediation. Mediation is voluntary and the parties may refuse it, in which case the matter is returned to the initiator. Consent to mediation can be withdrawn at any time.

If mediation is initiated, volunteer mediators contact the parties and agree on a time for the mediation meeting. Mediation can start with separate meetings with the parties, where they have the opportunity to discuss their case and expectations regarding mediation with the mediators without the other parties present.

At the mediation meeting, two impartial, voluntary, confidentially bound and trained mediators are present in addition to the parties, and an interpreter if necessary. A guardian of a minor must generally be present. The role of the minor’s representative is primarily to confirm and support the participation of the person they represent and to act as a confirmer of the agreement, if the parties wish to make an agreement.

The parties may use an assistant or support person, provided that this does not jeopardise the smooth progress of the mediation and all parties agree to it. The use of an assistant or support person must be agreed in advance with the mediation office. External persons cannot be admitted to mediation meetings without prior notice.

Any party to the mediation may withdraw their consent and interrupt the mediation at any time. Mediators also have the option to interrupt the mediation meeting if the principles of mediation are not being followed (e.g. the parties do not listen to each other or behave inappropriately towards another).

• If a solution is reached in the matter, a written agreement is drawn up and signed by the parties.
• Information on the outcome of the mediation (the agreement) is provided to the police and/or the prosecutor after the mediation has ended.
• The mediation office monitors the implementation of the agreement

An initiative for mediation can be made to the mediation office by:

• a party to the crime or dispute
• a guardian, legal representative or other lawful representative
• the police, a prosecutor or another authority
• a representative of an organisation or service where one of the parties is involved and who assesses that mediation could benefit the party (e.g. an educational institution, social services, legal aid office)

The participation of a minor in mediation requires the minor’s personal consent and the consent of their guardian or other lawful representative.

You can make a mediation initiative by using the form (pdf), by calling the mediation office or by asking about it at pohjanmaan.sovittelu@vaasa.fi.

Before a mediation discussion can be arranged, professional staff assess the conditions for mediation with the parties. If the matter proceeds to mediation, the parties agree on a time with the volunteer mediators. Mediation is essentially a discussion in which the parties are present in person. If necessary, mediation can also be conducted via videoconferense (Teams). Mediation services are available in the client’s mother tongue: Finnish, Swedish or English. An interpreter, support person, assistant and, if necessary, another authority such as a school representative may also be present. Consent for minors to participate in mediation is requested separately and at least one of the guardians must be present in the mediation.

In mediation, the parties may tell what happened, what thoughts and feelings the matter has raised, what effects it has had on the parties and others, and what they need for the matter to be resolved. If the parties reach a mutual understanding on the matter and on how it could be resolved, a mediation agreement is written that records what was agreed. Mediation can also include agreements on compensation for possible psychological or material harm.

There is no age limit for mediation. According to the law, mediation can be arranged between parties who are able to understand the significance of mediation and the solutions made in it. Consent to mediation must be obtained from both the minor child and their guardians.

Mediation services can be offered for the handling of either criminal or civil matters.

Participants in mediation are the parties to the crime or dispute and the mediators. A minor is given the opportunity to receive support from a guardian or another representative, such as a legal guardian or support person. With the parties’ consent, other important people in the child or young person’s life, such as school representatives, may also be invited to support the discussion and to help create a safer future.

Schools or other authorities can also initiate mediation in criminal and civil matters involving children and young people. A teacher, principal, school curator, other school professional or, for example, a social worker can contact the mediation office directly. The mediation office will assess whether the parties can address the matter in mediation. 

An initiative for mediation can also be made by the victim of a crime or a person suspected of committing a crime. The police, prosecutor, guardian or legal representative can also make an initiative for mediation. 

Mediation for persons under 15 years of age

Persons under 15 years of age are not criminally responsible and therefore cannot be punished in court for committing a crime, but they are liable to compensate for damage caused and issues can be addressed and possibly agreed upon through mediation. For example, hitting another person, breaking a window or starting a fire can lead to a large bill that the perpetrator must pay.

Mediators are volunteer trained mediators who operate under the guidance of professional staff. In Vaasa, Kokkola, via Teams or in their place of residence, the parties to criminal and civil matters can meet in the presence of two impartial mediators. Mediators assist in the discussion and record the mediation agreement between the parties.

If you are interested in acting as a volunteer mediator for criminal and civil matters, contact the Ostrobothnia Mediation Office.

• Arrive at the mediation meeting at the agreed time. If an important obstacle arises (such as illness), inform the mediation office well in advance so that a new time can be agreed.
• Allow sufficient time for the mediation: about 1–2 hours.
• Bring necessary documents with you: e.g. medical certificates, receipts, any insurance company decisions and other evidence related to the crime or dispute.
• Be prepared with a bank account number if you have monetary compensation claims.
• You may bring an assistant, support person or interpreter to mediation. This must be agreed in advance with the mediation office. External persons cannot be admitted to mediation meetings unless this has been agreed in advance.
• You cannot participate in mediation while under the influence of alcohol or drugs.
• Mediation meetings may be arranged several times if necessary, or you may have a separate meeting before the joint mediation discussion. You may interrupt the meeting at any time.