Mediation as a Tool of Criminal Procedural Economy: Advantages, Risks, Legislative Challenges

Abstract

The article presents a comprehensive analysis of mediation as a tool of criminal procedural economy in Ukraine. The author explores the advantages, risks, and legislative challenges associated with the implementation of mediation within criminal proceedings, especially in the context of restorative justice and Ukraine’s European integration policy. It is substantiated that in conditions of judicial overload and lengthy trial durations, mediation serves as an effective means to optimize procedural resources, accelerate case resolution, and restore social justice.
The study focuses on the legal framework governing mediation, particularly the provisions of the Law of Ukraine “On Mediation” (2021), the Criminal Procedure Code of Ukraine, recent restorative justice programs for juveniles, and international standards such as Recommendation No. R(99)19 of the Committee of Ministers of the Council of Europe. The article highlights the main benefits of mediation – judicial relief, cost-effectiveness, promptness, and the restoration of legal relationships – while also emphasizing risks like secondary victimization, confidentiality concerns, and the need for professional training of mediators.
Key legislative challenges are identified, including the need to improve the regulatory framework, expand the categories of cases eligible for mediation, ensure consistency in judicial practice, and secure sustainable funding. The study stresses the importance of adopting best practices from European jurisdictions while considering the national legal context. Mediation is recognized as an integral component of Ukraine’s evolving criminal justice policy, aiming to modernize conflict resolution and enhance procedural efficiency.