[새로운 범죄대응전략으로서 화해조정체계구축(I)] 주요 외국의 형사화해조정 운용 및 평가에 관한 연구

1. The victim offender mediation system has launched under ideal objectives and goals, and it may produce negative outcome as well that was not expected. The demand from the parties, for instance, victim, offender, community and the Government, etc shall keep balance considering principles at which a victim-offender mediation system aims. When the restorative justice focus on offenders` resocialization too much, it may neglect objectives such as recovery and less second offense to produce side effects. A mediation system is difficult to satisfy various principles, in itself. For a better system, we should legislate its purposes and objectives, but most of the countries have not done it. Ideal objectives of modern mediation systems in which both victims and offenders talk frankly to recover and cure themselves shall consume considerable amount of time and resources to require careful management of cases. 2. Currently, a community roles tend to increase continuously in the criminal mediation system, in other words, mediation between victims and offenders in the UK and the United States. Since the beginning of it through present time in mediation system, the community has managed the system superficially and indirectly by a mediator who is representative of the community. These days, neighbors and other citizens are permitted to have dialogue and conferencing to represent community voices at mediation process effectively. In the United States, victim offender conferencing has been recently popular more than victim offender mediation. In Canada, the restorative justice for the youth has made use of community members actively to solve problems of the communities. The victim offender conferencing has neither atmosphere that an mediator may place pressure by force nor standards that he may impose at his discretion. And, a conferencing is considered not to agree to mediation of problem solving but to communicate between parties and understand each other. 3. The criminal mediation system shall be free from short-time cost reduction, less second offense and other visible outcomes of the true cure and forgiveness: The idea of introduction of reformed and humanist mediation system has prevailed in the United States as well as Canada to have good model of criminal mediation. The reformed and humanist mediation system has been introduced for official criminal mediation model by ethical guides of not only scholars including Umberto who asserted the system for the first time but also victim offender conferencing. However, considerable amount of expenses shall be spent to put the model into practice ideally. In other words, mediators who have been well trained to have special knowledge and patience should spend considerable amount of time to inspect carefully genuine forgiveness and recovery between the parties and to raise expenses. Such a phenomenon is forced to occur when ideal mediation system is put into practice. 4. The ones who have joined criminal mediation procedure were much satisfied with it regardless of countries that has been already evidenced by empirical study many times. The meeting between victims and offenders has produced more effects of mediation: In fact, in the United States, direct meeting was found to be more effective to mediate than indirect mediation. The meeting and interview have been successful to mediate between the parties and to play a considerable role at expansion and development of the mediation system. Even though a small number of participants have suffered from losses and damages, they should be protected. To prevent side effects of secondary losses and damages, either an mediator or mediation system manager is demanded to make effort to create safe mediation environment. 5. The most ideal model of mediation system allows both victims and offenders to join the system by themselves without my pressure to agree to mediation by mutual discussion. In the UK, voluntariness of the parties who have joined the mediation system has been much sensitively discussed, and in the United States, whether the ones who join mediation have been given pressure has been of long time dispute. In particular, the pressure that judges, prosecutors and other program managers give victims has been of dispute to infringe voluntary will upon victims. Furthermore, the pressure that offenders are given has more complicated characteristic. In fact, in the United States, an offender was once given order to join mediation program. As discussed before in empirical analysis of mediation system in the UK, an offender`s imprisonment has mutual relation with joining and making a decision of mediation system. In the UK, an offender who is not in prison is forced to take criminal procedures that does not follow mediation that operates on a full voluntary basis. 6. In the UK, the United States and Canada, the ones who join mediation prefer profit-making at mediation to participants` profits to have risks that may commercialize mediation. Even mediation system of non-profit organizations has not been managed independently and individually to have connections with criminal justice system. Even mediation system that private non-profit organization has made either directly or indirectly has been controlled by the government to a certain degree. In the UK, the Juvenile Justice has licensing rights to inspect that mediation organizations meet standards. Non-profit organizations, however, often have difficulties at financing of mediation programs. The private organizations and non-governmental organizations that manage mediation system and have difficulties at financing may be likely to sell mediation services as commercial businesses do. Currently, small-scaled community`s mediation system has been managed a little by volunteers` services and sacrifice not to consider cost benefit and other factors of common businesses much: But, further studies are demanded to investigate processing of expenses in accordance with development of criminal mediation system as well as expansion of scales of each organization.

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