OBSERVARE
Universidade Autónoma de Lisboa
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier
Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026
427
THE ROLE OF MEDIATION IN THE CRIMINAL JUSTICE SYSTEM: A COMPARISON
OF INTERNATIONAL APPROACHES AND ISSUES OF LEGAL LIABILITY OF
LAWYERS
INNA NAIDA
Innanaida@ukr.net
PhD (Public Administration), Associate Professor, Dean od the Faculty of Economics and Law
Kyiv Cooperative Institute of Business and Law
Kyiv (Ukraine) 0000-0001-7296-7884
IRYNA TARASOVA
iratarasova412@gmail.com
PhD, Associate Professor of the Department of Law
Kyiv Cooperative Institute of Business and Law
Kyiv (Ukraine) 0009-0004-8883-7434
OLEKSANDR KALINICHENKO
Kiev.a.fk@gmail.com
PhD (Legal Sci.), Docent, Professor of the Constitutional Law Department, Educational-Scientific
Institute of Law and Psychology, National Academy of Internal Affairs
Kyiv (Ukraine) 0009-0006-4480-3894
MYKOLA SKARZHYNSKYI
nicksk220579@gmail.com
PhD (Legal Sci.), Associate Professor of the Department of Law
Kyiv Cooperative Institute of Business and Law
Kyiv (Ukraine) 0009-0005-0762-8591
MYKHAILO VOZNYK
michavoznik@gmail.com
PhD (Legal Sci.), Associate Professor of the Department of Law
Kyiv Cooperative Institute of Business and Law
Kyiv (Ukraine) 0000-0003-2654-8798
Abstract
Under current conditions, the role of mediation in the criminal justice system is becoming
particularly important from both a scientific and practical perspective, as it contributes to the
optimization of judicial resources, serves as a tool for improving the efficiency of judicial
procedures, and reduces the duration of proceedings. The relevance of the study is determined
by the need to identify international approaches and issues of legal liability of lawyers to
ensure the effective integration of mediation mechanisms into the criminal justice system.
The purpose of the study is to conduct a comprehensive analysis of the role of mediation in
the criminal justice system, focusing on its impact on the efficiency of court proceedings,
compliance with procedural guarantees, and optimization of the use of judicial resources.
Research methods: regression analysis; correlation analysis; systematization; generalization.
Results. Based on the regression analysis, a moderate but statistically significant positive
correlation was found between the number of pending cases and the duration of proceedings,
while the impact of the pace of case resolution showed a relatively weak correlation. An
analysis of the dynamics of the rule of law index and its sub-indices in 2015–2025 showed
that countries of the Anglo-Saxon legal family have high synergy between the effectiveness
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
428
of criminal proceedings and alternative dispute resolution institutions (r > 0.8). It was found
that Germany and Norway show a moderate negative correlation, while Ukraine has a stable
negative correlation (r = –0.619), which indicates an institutional gap between the formal
establishment of mediation procedures and the practical effectiveness of criminal justice, in
particular due to the low level of disciplinary responsibility of lawyers. Based on the
comparative analysis, it was found that mediation in criminal justice is effectively implemented
in Norway and the United States, moderately in Germany and the United Kingdom, while in
Ukraine its practical effectiveness is quite limited due to the lack of mandatory control
mechanisms.
Keywords
Mediation, justice, criminal justice, legal responsibility, lawyer.
Resumo
Nas condições atuais, o papel da mediação no sistema de justiça criminal está a tornar-se
particularmente importante, tanto do ponto de vista científico como prático, uma vez que
contribui para a otimização dos recursos judiciais, serve como ferramenta para melhorar a
eficiência dos procedimentos judiciais e reduz a duração dos processos. A relevância do estudo
é determinada pela necessidade de identificar abordagens internacionais e questões de
responsabilidade jurídica dos advogados para garantir a integração eficaz dos mecanismos de
mediação no sistema de justiça criminal. O objetivo do estudo é realizar uma análise
abrangente do papel da mediação no sistema de justiça criminal, com foco no seu impacto na
eficiência dos processos judiciais, no cumprimento das garantias processuais e na otimização
do uso dos recursos judiciais. Métodos de investigação: análise de regressão; análise de
correlação; sistematização; generalização. Resultados. Com base na análise de regressão, foi
encontrada uma correlação positiva moderada, mas estatisticamente significativa, entre o
número de processos pendentes e a duração dos processos, enquanto o impacto do ritmo de
resolução dos processos mostrou uma correlação relativamente fraca. Uma análise da
dinâmica do índice do Estado de direito e dos seus subíndices em 2015-2025 mostrou que os
países da família jurídica anglo-saxónica têm uma elevada sinergia entre a eficácia dos
processos penais e as instituições alternativas de resolução de litígios (r > 0,8). Verificou-se
que a Alemanha e a Noruega apresentam uma correlação negativa moderada, enquanto a
Ucrânia apresenta uma correlação negativa estável (r = –0,619), o que indica uma lacuna
institucional entre o estabelecimento formal de procedimentos de mediação e a eficácia prática
da justiça penal, em particular devido ao baixo nível de responsabilidade disciplinar dos
advogados. Com base na análise comparativa, verificou-se que a mediação na justiça penal é
implementada de forma eficaz na Noruega e nos Estados Unidos, moderadamente na
Alemanha e no Reino Unido, enquanto na Ucrânia a sua eficácia prática é bastante limitada
devido à falta de mecanismos de controlo obrigatórios.
Palavras-chave
Mediação, justiça, justiça penal, responsabilidade jurídica, advogado.
How to cite this article
Naida, Inna, Tarasova, Iryna, Kalinichenko, Oleksandr, Skarzhynskyi, Mykola & Voznyk, Mykhailo
(2026). The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers. Janus.net, e-journal of international relations.
Thematic Dossier - Rule of Law, Human Rights, and Institutional Transformation in Times of Global
and National Challenges, VOL. 16, Nº. 2, TD3, March 2026, pp. 427-451.
https://doi.org/10.26619/1647-7251.DT0226.23
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
429
Article submitted on 20 December 2025 and accepted for publication on 15 January
2026.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
430
THE ROLE OF MEDIATION IN THE CRIMINAL JUSTICE SYSTEM: A
COMPARISON OF INTERNATIONAL APPROACHES AND ISSUES OF
LEGAL LIABILITY OF LAWYERS
INNA NAIDA
IRYNA TARASOVA
OLEKSANDR KALINICHENKO
MYKOLA SKARZHYNSKYI
MYKHAILO VOZNYK
Introduction
In the current context of European integration processes and the transformation of the
national judicial system, mediation is becoming particularly important as an alternative
mechanism for resolving conflicts in the criminal justice system. The relevance of
mediation is due to the need to ensure the accessibility, effectiveness, and efficiency of
procedures for protecting the rights and legitimate interests of individuals and legal
entities, since the use of traditional judicial mechanisms complicates the timely protection
of rights, places a heavy burden on the judicial authorities, and leads to lengthy case
processing times (Arseniuk, 2016).
Despite the proven effectiveness of alternative procedures in international practice,
where up to 80% of disputes are settled out of court (Toikin, 2022), these mechanisms
are not widely used in Ukraine, which in turn is due to a number of factors: limited
institutional support from public authorities and fragmented regulatory and legal
regulation. Under these circumstances, the effectiveness of the implementation of
mediation and other alternative procedures largely depends on the interaction of
institutional capacity, regulatory and legal instruments, the accountability of lawyers, and
public trust in the criminal justice system (Deineha, 2022).
International experience shows that mediation can have a positive impact on the judicial
system by reducing its workload and improving the quality of justice. Differentiated
models of alternative dispute resolution have developed in the legal systems of the United
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
431
States, continental Europe, and the Middle East, which explains their variability,
adaptability in application, and potential for integration into national criminal justice
systems (Toikin, 2022). At the same time, practice also shows that the effectiveness of
such procedures is directly related to the appropriate level of legal responsibility of
lawyers who carry out mediation and strict adherence to ethical and professional
standards (Khovpun et al., 2024).
The Ukrainian judicial system is facing a significant workload, delays in the consideration
of cases, and a decline in public confidence in the results of justice amid a full-scale
military invasion and the exacerbation of social and legal problems. In these
circumstances, mediation and other alternative mechanisms can perform a compensatory
function, promoting more efficient and effective conflict resolution, particularly in the
field of criminal justice. At the same time, the low level of regulatory control over the
activities of lawyers who implement mediation can give rise to corruption and ethical
risks, which in turn undermine the legitimacy of alternative procedures (Arseniuk, 2016;
Toikin, 2022).
In this regard, it is advisable to conduct a systematic analysis of the role of mediation in
criminal justice, compare international approaches to its application, and study the issue
of legal liability of lawyers, which ensures the proper effectiveness, transparency, and
legitimacy of alternative procedures in modern conditions.
The aim of the study is to conduct a comprehensive analysis of the role of mediation in
the criminal justice system, focusing on its impact on the effectiveness of court
proceedings, compliance with procedural guarantees, and optimization of the use of
judicial resources.
Research objectives of the article:
1. Conduct a comparative analysis of international models for the implementation of
mediation in criminal justice and identify the specific features of their regulatory and
procedural framework.
2. Analyze the procedural indicators of the judicial systems of EU countries in terms
of the accumulation of pending cases, the pace of their resolution, and the duration of
proceedings.
3. Apply regression analysis to establish the relationship between the volume of
pending cases, the rate of case resolution, and the integration of mediation
mechanisms on the effectiveness of court proceedings.
4. Conduct research on the level of disciplinary and legal responsibility of lawyers in
the context of the application of mediation and its impact on compliance with
procedural guarantees.
5. Analyze statistical data on the use of mediation in criminal cases and identify
patterns of the impact of mediation procedures on reducing the duration of court
proceedings.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
432
6. Analyze practical and institutional barriers that hinder the effective use of
mediation in criminal justice and develop recommendations for overcoming them.
7. Apply correlation analysis to determine the functional interdependence between
mediation institutions, represented by the Civil Justice sub-index, and the
effectiveness of criminal proceedings.
Literature Review
Mediation occupies an important place in scientific discourse, marked not only by its
prevalence in law enforcement practice, but also by its ability to provide a more flexible
and less conflictual resolution of legal disputes. In scientific research, mediation is seen
as an effective tool for resolving civil and commercial disputes, enabling parties to reach
mutually acceptable solutions without significant time and procedural costs (Ibiteye &
Awomoyi, 2023; Mladenov, 2024; Sherman & Momani, 2025). This aspect has led to the
development of a stable interest among scholars in researching the issue of mediation,
which in turn has led to the emergence of a significant number of specialized studies.
It should be noted that in a significant number of scientific studies, researchers focus on
the procedural features of mediation, in particular on the principles of voluntariness,
confidentiality, and neutrality of the mediator, which are defined as key conditions for its
effective functioning (He et al., 2023; Aytekin, 2022). Therefore, mediation in this
context is largely defined as an alternative means of dispute resolution, which in turn is
intended to complement or partially relieve traditional judicial mechanisms (Sloma,
2023; Al- Khafaji, 2021; Odilqoriev, 2022).
Mediation is understood as an alternative form of conflict resolution involving a neutral
intermediary – a mediator (Fomina, 2021). However, it should be noted that its essence
is not limited to the role of a formalized procedural alternative to court proceedings. First
and foremost, it is an institutionalized process aimed at achieving reconciliation between
the parties and developing a mutually agreed solution that takes into account the
interests of all participants in the conflict, where the implementation of the established
goal requires the proper professional training of mediators, strict adherence to ethical
principles of conduct, and guarantees of their independence and impartiality (Khovpun
et al., 2024).
Mediation in scientific research is defined as a universal tool that can function effectively
in various conflict situations and act as a promising alternative mechanism for dispute
resolution. Thus, Toikin (2022) emphasizes that the use of mediation promotes the
establishment of constructive communication between the parties, provides an
opportunity to gain a deeper understanding of the causes of the conflict, the strengths
and weaknesses of the relationship, as well as the potential consequences of not reaching
a compromise. Al-Khafaji (2021) draws attention to the growing international interest in
the development of mediation as a means of peaceful conflict resolution between states,
emphasizing its role as an alternative to coercion, force, and violence. In this regard,
mediation appears not only as a supplement to judicial mechanisms, but also as an
independent tool for resolving international disputes between subjects of international
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
433
law. Akram et al. (2023) view mediation as a tool for shaping a more humane model of
criminal justice, aimed not only at punishment but also at restoring social ties.
The use of mediation mechanisms not only optimizes court proceedings, but also creates
the right conditions for a more flexible and party-oriented resolution of criminal law
conflicts. Hajairin et al. (2023) emphasize the ability of mediation to reduce the duration
of proceedings and associated costs, which in turn helps the parties to reach agreed
decisions without lengthy court proceedings. Sukardin et al. (2023) highlight the
potential of mediation to improve the efficiency and fairness of criminal justice.
Husin et al. (2024) view mediation as an effective means of reducing the financial burden
on the criminal justice system, while Fajrin and Triwijaya (2020) point to a significant
reduction in the time required to hear cases, as well as a reduction in the burden on the
judiciary. In a broader context, Bode (2021) links the optimization of budget
expenditures for the functioning of the judicial system with digitalization processes, which
create additional opportunities for the development of mediation procedures.
After analyzing the specifics of the application of mediation in criminal proceedings,
Ozersky (2023) notes the need for a comprehensive approach that takes into account
the basic principles of criminal justice, the coordination of mediation procedures with
court proceedings, and the development of communication skills in working with
participants in criminal proceedings. In this regard, the institution of reconciliation
agreements is of priority importance as one of the key mechanisms for implementing
mediation in the criminal law sphere. Martinez (2020) considers a reconciliation
agreement to be a form of mutual understanding between the victim and the alleged
offender, whereby the person subject to criminal liability acknowledges their participation
in the act committed and undertakes to compensate for the damage caused. At the same
time, Rule (2020) emphasizes that a reconciliation agreement is not determined by the
unilateral will of the victim, but is formed on the basis of mutual consent of the parties.
Accordingly, the decisive prerequisite for its conclusion is the actual achievement of
reconciliation between the victim and the suspect or accused.
It should be noted that the signs of a reconciliation agreement should be considered in
two interrelated dimensions—procedural and socio-psychological (Rima et al., 2019),
where the first characterizes the agreement as an institution of criminal procedural law
and a corresponding procedural document, while the socio-psychological aspect reflects
the internal attitude of the parties to the agreement reached, the level of their conscious
consent, and their willingness to fulfill their obligations. Therefore, these aspects give
grounds to consider mediation not as an auxiliary procedure, but as a comprehensive
mechanism for resolving criminal law conflicts.
Mitskaya (2020) notes that the integration of mediation practices into judicial activity is
impossible without a comprehensive review of legislation and procedural rules.
Bougadoum (2021), in turn, emphasizes the need to ensure the transparency of the
judicial system as a key condition for the formation of an adequate legal basis for the
application of mediation in criminal cases. Shytyk and Akimova (2020) analyze the
challenges that the justice system may face in the event of large-scale implementation
of mediation, in particular in terms of ensuring a balance between the interests of the
parties and the public interest, a point of view developed by Budisetyowati et al. (2023),
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
434
emphasizing the need to combine the confidentiality of the mediation process with the
requirements of public condemnation in cases of serious crimes. Doneva and Gjorgjieva
(2023) highlight the complex and multidimensional nature of mediation in criminal
justice, while recognizing its significant potential as a tool for reducing the burden on the
judicial system. According to Konoras (2023), the role of mediation in the resolution of
criminal cases has grown significantly in recent years, particularly due to the active
introduction of digital technologies. Similarly to Sitarz et al. (2018), Giezek et al. (2023)
show that the use of mediation procedures contributes to faster case processing and
shorter waiting times for court hearings.
Therefore, despite a significant amount of scientific research, the issue of mediation in
the criminal justice system and related international approaches and issues of legal
responsibility of lawyers remain insufficiently systematized and empirically substantiated,
which determines the scientific relevance of this study.
Materials and Methods
The research methodology includes the following methods and approaches:
- classification and structural analysis methods were used to systematize indicators of
judicial activity and procedural workload in EU countries, as well as to group data on the
duration of proceedings in courts of first instance, appeal, and cassation;
- comparative analysis made it possible to study the dynamics of indicators of pending
cases, the pace of case resolution, and the average duration of court proceedings in 27
EU countries in 2023, which made it possible to identify the institutional prerequisites for
the use of mediation and to investigate the sectoral sources of procedural workload;
- regression analysis was used to quantitatively assess the impact of the operational
indicators of judicial systems on the overall duration of case proceedings, which made it
possible to assess the significance of the impact of the backlog of cases on delays in
judicial proceedings.
- correlation analysis was conducted to determine the functional interdependence of
mediation institutions (represented by the Civil Justice sub-index) and the effectiveness
of criminal proceedings in different legal systems;
- analysis of international institutional indicators and regulatory documents was used to
assess the institutional maturity of justice systems, the stability of the rule of law, and
the level of integration of mediation into national legal systems;
- comparative legal analysis was used to identify models of mediation integration in
criminal justice in Norway, Germany, Great Britain, the United States, and Ukraine,
taking into account procedural standards, disciplinary responsibility of lawyers, and
ethical norms.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
435
Results
Table 1 presents a set of quantitative indicators characterizing the procedural capacity of
judicial systems in EU countries, including: the number of pending cases, the intensity of
their resolution, and the average duration of proceedings. These indicators are relevant
for assessing the institutional prerequisites for the use of mediation, as well as for
analyzing the professional and legal responsibility of lawyers in the context of ensuring
the right to a fair trial.
The indicator of pending cases allows assessing the degree of procedural workload of
courts of first instance. The lowest values were recorded in Sweden (0.7), Luxembourg
(1.0), Lithuania, and Hungary (1.2 each), which indicates an adequate level of
organization of court proceedings and compliance with reasonable time limits for the
consideration of cases. In contrast, in Poland (7.0), Croatia (7.6), Italy and Spain (5.1
each), as well as Cyprus (5.8), there is a significant backlog of pending cases, which
indicates a systemic violation of the principle of procedural economy and creates risks of
non-compliance with the standards set forth in Article 6 of the Convention for the
Protection of Human Rights and Fundamental Freedoms.
The differentiation between pending civil cases and pending administrative cases makes
it possible to identify the sectoral sources of procedural overload. In Romania, Belgium,
Spain, and Italy, pending civil cases dominate, which objectively creates an institutional
need to develop alternative forms of dispute resolution, in particular mediation. At the
same time, in Greece, Cyprus, Germany, and Portugal, a significant proportion of cases
are administrative, which indicates a high level of conflict in public-law relations and the
limited application of mediation without specific legislative regulation and clearly defined
standards of professional responsibility for participants in the procedure.
The overall case resolution rate indicates the ability of judicial systems to maintain a
balance between case intake and case completion. Values exceeding 100% (Italy –
106%, Cyprus – 118%, Slovakia – 105%) indicate an active reduction in the backlog of
pending cases. At the same time, from a legal point of view, such indicators cannot be
considered exclusively positive, since an excessive focus on quantitative performance can
lead to the simplification of procedural procedures, which potentially affects the quality
of judicial proceedings and leads to increased requirements for the disciplinary and
professional responsibility of judges, lawyers, and other legal professionals. Low values
for this indicator (Romania – 87%, Spain – 87%) indicate a chronic mismatch between
the number of cases received and resolved, which limits the real accessibility of justice.
The duration of court proceedings is a key criterion for assessing compliance with the
principle of reasonable time for court proceedings. Short durations in Lithuania, the Czech
Republic, and Austria indicate proper procedural management. In contrast, the excessive
length of proceedings in Greece (771 days), Croatia (533 days), Italy (511 days), and
Spain (444 days) indicates a systemic problem, which is a structural violation of the
Convention for the Protection of Human Rights and Fundamental Freedoms according to
the practice of the European Court of Human Rights (further – ECHR). In such
circumstances, mediation effectively becomes compensatory in nature, which increases
the risk of its instrumentalisation without adequate procedural safeguards.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
436
Table 1. Indicators of procedural workload and effectiveness of court proceedings in European
countries (first instance) in 2023
Country
Number
of pending
civil,
commercial,
administrative,
and
other
cases
(in courts
of first
instance,
per 100 inhabitants)*
Number
of pending
civil and
commercial
cases
(in courts
of
first instance,
per 100
inhabitants)*
Number
of pending
administrative
cases
(in courts
of first instance,
per 100 inhabitants)*
Rate of resolution
of civil,
commercial,
administrative,
and
other
cases
(in courts
of first
instance,
%)*
Rate of resolution
of civil and
commercial
cases
(in courts
of
first instance,
%)*
Approximate
time for
consideration
of civil and
commercial
disputes
in courts
of
first instance
(in days)*
SE
0.7
0
0
102
97
157
LU
1
0.6
0.2
96
93
221
LT
1.2
1
0.1
100
100
120
HU
1.2
0.5
0.1
100
100
135
BG
1.3
1
0.2
101
102
186
NL
1.4
0
0.4
100
0
0
LV
1.7
0.9
0
101
100
204
EE
1.8
0.6
0.1
100
91
196
MT
2.5
2.2
0.1
89
95
454
DK
2.5
0.6
0
100
93
265
SK
2.6
0.8
0
105
105
173
FI
2.7
0.1
0.3
95
89
349
FR
3
2
0.3
93
96
354
CZ
3.3
1.1
0
102
101
126
EL
3.6
2.7
0.7
98
92
771
BE
4
3.8
0.2
98
98
246
SI
4.1
1.3
0.2
100
101
344
RO
4.6
4
0.4
87
86
218
ES
5.1
3.2
0.4
87
84
444
IT
5.1
3.3
0.2
106
110
511
AT
5.6
0.3
0.5
101
98
141
CY
5.8
0
1.3
118
0
100
PL
7
2.4
0.1
102
95
357
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
437
HR
7.6
4.1
0.2
97
103
533
DE
0
0.8
0
0
97
249
IE
0
0
0
81
72
0
PT
0
1.7
0.5
0
96
267
Source: compiled by the author based on data from Council of Europe & European Commission
for the Efficiency of Justice (2024), European Commission (2024; 2025)
Notes: SE – Sweden, LU – Luxembourg, LT – Lithuania, HU – Hungary, BG – Bulgaria, NL –
Netherlands, LV – Latvia, EE – Estonia, MT – Malta, DK – Denmark, SK – Slovakia, FI – Finland,
FR – France, CZ – Czechia, EL – Greece, BE – Belgium, SI – Slovenia, RO – Romania, ES – Spain,
IT – Italy, AT – Austria, CY – Cyprus, PL – Poland, HR – Croatia, DE – Germany, IE – Ireland, PT
– Portugal
Thus, the results presented in Table 1 confirm that the effectiveness of the judicial system
is determined by the basic prerequisite of the legitimate and lawful use of mediation.
To assess the impact of the operational performance indicators of judicial systems,
namely the backlog of pending cases and the rate of their resolution, on the overall
duration of court proceedings, which was defined as the dependent variable (Y),
multivariate regression modeling was performed based on data from 27 European
countries. The resulting model is described by the equation:
 

Analysis of the regression model results shows a moderate level of consistency between
dependent and independent variables. The correlation coefficient (Multiple R) is 0.512,
which indicates a stable moderate linear relationship between the number of cases
pending and the time taken to consider them. The coefficient of determination (R² =
0.262) indicates that the constructed model explains 26.2% of the variation in the “case
processing time” indicator due to the selected factors. For socio-legal research, this level
of determination is acceptable, since the effectiveness of justice is influenced by a wide
range of other institutional and resource factors.
The standard error of the model (Standard Error = 153.48) reflects the variability of time
indicators in different legal systems in Europe. The assessment of the statistical
significance of the model using ANOVA confirmed its adequacy. The F-statistic value is
4.25 at a Significance F level of 0.026, which is below the critical threshold of 0.05. This
allows us to reject the null hypothesis and assert that the selected independent variables
statistically significantly determine the dynamics of judicial efficiency. Regarding the
impact of individual independent variables, the indicator “Number of unfinished cases” ()
proved to be a highly significant factor (P-value = 0.0076). The regression coefficient for
is 45.81, which proves that an increase in the number of unfinished cases by 1 unit (per
100 inhabitants) leads to an average increase in the duration of case consideration by
45.8 days. At the same time, the indicator “Case resolution rate” () showed a negative
coefficient (-1.72), indicating a reverse effect (an increase in the pace of work reduces
the time of consideration), but its statistical significance (P-value = 0.176) exceeds the
threshold of 0.05. This gives reason to argue that speeding up the work of judges without
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Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
438
systematically reducing the backlog of cases (in particular through mediation tools) does
not have a decisive impact on the speed of justice (see Table 2).
Table 2. Regression modeling results
Regression Statistics
Multiple R
0.51
R Square
0.26
Adjusted R
Square
0.20
Standard Error
153.48
Observations
27
ANOVA
df
SS
MS
F
Significance F
Regression
2
200353.48
100176.74
4.25
0.03
Residual
24
565337.71
23555.74
Total
26
765691.19
Coefficients
Standard
Error
t Stat
P-
value
Lower
95%
Upper
95%
Lower
95.0%
Upper
95.0%
Intercept
285.49
105.21
2.71
0.01
68.34
502.63
68.34
502.63
X
1
(Criminal
Justice)
45.81
15.72
2.91
0
13.36
78.26
13.36
78.26
X
2
(Constraints on
Government
Powers)
–1.72
1.23
–1.39
0
–4.26
0.83
–4.26
0.8
Source: author’s own calculations based on data from Council of Europe & European Commission
for the Efficiency of Justice (2024), European Commission (2024; 2025)
Thus, the results of the regression analysis confirm the hypothesis that the accumulation
of backlogs is a critical determinant of court delays, which justifies the need to move
from a model of increasing court resources to a model of preventive court relief through
mandatory mediation and increased accountability of lawyers for abuse of procedural
rights.
Table 3 shows the estimated time required to resolve civil and commercial disputes in
courts of first instance, appeal, and cassation in EU countries in 2023. Empirical data
show that the most critical delays occur at the level of courts of first instance, which
effectively act as the primary filter for court disputes. In particular, in Greece, Italy,
Croatia, Malta, and Spain, the average duration of proceedings in courts of first instance
exceeds one calendar year, and in some cases approaches two years, where this situation
indicates not only the overload of the judiciary, but also the limited use of preventive and
alternative dispute resolution mechanisms that could significantly reduce the number of
cases reaching court proceedings.
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
439
An analysis of the appellate and cassation instances demonstrates the effect of
cumulative prolongation of proceedings, whereby the right to review court decisions,
which is intended to ensure procedural guarantees and the unity of judicial practice, is in
fact transformed into an additional factor delaying justice. This trend is particularly
evident in France, Italy, Greece, Cyprus, and Spain, where the duration of proceedings
in the second and third instances is comparable to or even exceeds the time taken to
hear cases in the courts of first instance, indicating structural dysfunctions in the multi-
level judicial control system.
At the same time, a number of countries, including the Czech Republic, Hungary, Austria,
Lithuania, and Estonia, demonstrate relatively stable and predictable case processing
times at all court levels. Such procedural efficiency correlates with more developed
practices of court management, digitization of court proceedings, and institutional
integration of alternative dispute resolution methods. In these legal systems, courts
perform less of a universal conflict resolution function and instead focus on cases that
truly require authoritative judicial intervention.
Table 3. Estimated time needed to resolve litigious civil and commercial cases at all court
instances in 2023 (in days)
Member State
First instance
Second instance
Third instance
HU
135
107
108
CZ
126
64
140
AT
141
87
111
SE
157
108
150
EE
196
169
104
SK
173
203
n.a.
LV
204
134
114
RO
218
204
234
BG
186
138
249
IE
0
0
251
DK
265
220
194
PT
267
91
77
NL
0
0
287
LT
120
71
329
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
440
SI
344
97
78
FI
349
211
178
PL
357
312
386
DE
249
406
n.a.
MT
454
427
n.a.
LU
221
497
427
FR
354
507
510
HR
533
0
211
CY
0
0
683
ES
444
0
691
BE
246
0
394
EL
771
694
n.a.
IT
511
673
1
Source: compiled by the author based on data from Council of Europe & European Commission
for the Efficiency of Justice (2024), European Commission (2024; 2025)
Notes: The order of Member States is determined by the court instance with the longest
proceedings in each Member State. No data are available for first and second instance courts in
CY, NL, and IE; for second instance courts in HR and ES; and for third instance courts in EL and
SK. There is no third instance court in DE and MT. Access to a third instance court may be limited
in some Member States
Analysis of Council of Europe & European Commission for the Efficiency of Justice (further
– CEPEJ) data shows that even in countries with high levels of judicial efficiency, the
number of pending cases and the length of their consideration remain significant,
indicating the need for structural changes in the judicial system.
The selection of countries for comparative legal analysis within the study of the role of
mediation in the criminal justice system and the legal responsibility of lawyers was based
on the institutional maturity of the judicial system, the degree of regulatory integration
of alternative dispute resolution methods, and the stability of rule of law indicators
according to internationally recognized indicators (see Table 4).
The highest values of the Rule of Law Index (further – WJP RoLI) are consistently
observed in Norway (0.88–0.90) and the United Kingdom (0.78–0.81), indicating the
sustained effectiveness of legal institutions and a high level of compliance with the
principles of the rule of law. The United States demonstrates average WJP RoLI values
(0.68–0.74), while Ukraine maintains a lower index level (0.47–0.51) throughout the
entire period under review, reflecting existing structural problems in the legal system,
especially in the area of criminal justice (0.36–0.40).
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
441
An examination of individual sub-indices allows us to highlight the specific features of
national justice systems. Criminal justice (further – CJ) shows the greatest fluctuations
in Ukraine, while in countries with a high level of rule of law (Norway, Germany, the
United Kingdom), CJ indicators remain consistently high and almost unchanged during
2015–2025. The fundamental rights (further – FR) sector is characterized by less
variability, particularly in Norway and the United Kingdom, where it reaches values above
0.90, indicating a high degree of protection of citizens’ fundamental rights and freedoms.
Civil Justice (further – CiJ) shows comparatively lower and more dynamic values in the
United States and Ukraine, which may reflect the length of court proceedings and the
existence of systemic barriers to access to justice. The dynamics of Ukraine’s indicators
show a slight improvement in WJP RoLI in 2016–2019, followed by stabilization at 0.49–
0.50. This stability, along with low CJ and CiJ component values, points to a systemic
need to reform criminal and civil justice, strengthen the protection of fundamental rights,
and introduce effective alternative dispute resolution tools. In countries with a high level
of rule of law, such as Norway and the United Kingdom, the stability of all WJP RoLI
components during the period under review reflects the effectiveness of judicial
institutions, the high predictability of legal procedures, and the integration of
international standards into national legislation.
Table 4. Dynamics of the rule of law index and its institutional components
Ukraine
Norway
USA
Germany
United Kingdom
Рік
WJP RoLI
CJ
FR
CiJ
WJP RoLI
CJ
FR
CiJ
WJP RoLI
CJ
FR
CiJ
WJP RoLI
CJ
FR
CiJ
WJP RoLI
CJ
FR
CiJ
2015
0.47
0.36
0.62
0.5
0.88
0.83
0.91
0.87
0.74
0.64
0.73
0.67
0.83
0.76
0.87
0.84
0.8
0.76
0.79
0.76
2016
0.49
0.4
0.63
0.48
0.88
0.84
0.89
0.86
0.74
0.67
0.75
0.66
0.84
0.77
0.86
0.87
0.81
0.76
0.81
0.76
2017
0.5
0.37
0.59
0.52
0.89
0.83
0.88
0.86
0.73
0.65
0.72
0.68
0.84
0.77
0.85
0.86
0.81
0.74
0.81
0.76
2018
0.5
0.37
0.59
0.52
0.89
0.83
0.88
0.86
0.73
0.65
0.72
0.68
0.84
0.77
0.85
0.86
0.81
0.74
0.81
0.76
2019
0.51
0.37
0.61
0.54
0.89
0.83
0.9
0.85
0.72
0.63
0.72
0.64
0.84
0.78
0.85
0.86
0.8
0.75
0.82
0.73
2020
0.51
0.36
0.61
0.54
0.89
0.83
0.91
0.85
0.72
0.63
0.72
0.62
0.84
0.79
0.85
0.85
0.79
0.72
0.79
0.71
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
442
2021
0.5
0.37
0.61
0.54
0.9
0.85
0.91
0.85
0.69
0.6
0.66
0.62
0.84
0.79
0.85
0.84
0.79
0.71
0.8
0.71
2022
0.49
0.37
0.6
0.54
0.89
0.84
0.91
0.84
0.71
0.61
0.68
0.63
0.83
0.78
0.85
0.83
0.79
0.7
0.81
0.7
2023
0.49
0.36
0.59
0.53
0.89
0.83
0.91
0.86
0.7
0.6
0.68
0.62
0.83
0.78
0.86
0.83
0.78
0.7
0.8
0.71
2024
0.48
0.37
0.59
0.53
0.89
0.83
0.9
0.87
0.7
0.59
0.68
0.63
0.83
0.78
0.86
0.82
0.78
0.7
0.8
0.71
2025
0.48
0.37
0.57
0.53
0.89
0.82
0.9
0.86
0.68
0.58
0.65
0.62
0.83
0.79
0.86
0.82
0.78
0.7
0.8
0.7
Source: compiled by the author based on World Justice Project (2025)
Notes: WJP RoLI – World Justice Project Rule of Law Index, CJ – Criminal Justice, FR –
Fundamental Rights, CiJ – Civil Justice
Pearson’s correlation analysis was used to verify the hypothesis of functional
interdependence between mediation institutions (represented by the Civil Justice sub-
index) and the effectiveness of criminal proceedings (Criminal Justice). The results show
a significant difference in legal models between different legal families, which allows the
countries under study to be classified by type of institutional convergence (see Table 5).
The study shows that Anglo-Saxon legal family countries (the United Kingdom, the United
States) have the highest level of synergy between justice institutions and alternative
dispute resolution (r > 0.8). This confirms the concept that the development of mediation
procedures and other forms of ADR directly correlates with improvements in criminal
justice performance. In these jurisdictions, mediation not only serves to relieve the
burden on the courts, but also acts as a fundamental element of the legal culture, where
the professional responsibility of lawyers is focused on achieving reconciliation rather
than procedural confrontation between the parties.
In contrast, in continental European countries (Germany, Norway), there is a moderate
negative correlation, indicating a state of “institutional plateau.” The high autonomy and
maturity of individual branches of justice ensures their independent development. In this
context, mediation is already integrated into the system and functions as an organic
component of justice, which negates the direct statistical dependence between
fluctuations in individual indices.
In Ukraine, a stable negative correlation (r = -0.619) has been recorded. Unlike European
leaders, this indicator indicates a significant institutional gap. The growth of formal
indicators of civil justice, in particular the legislative consolidation of mediation, is
accompanied by stagnation or regression in criminal justice, which indicates a lack of
mechanisms for the legal accountability of lawyers: in practice, new procedural tools are
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
443
often used by the parties not to reach consensus, but as a means of delaying the
consideration of cases.
Table 5. Linear correlation coefficients of civil and criminal justice indicators (2015–2025)
Country
Correlation coefficient (r)
Level of statistical correlation
United Kingdom
0.89
High positive
USA
0
High positive
Germany
–0.424
Moderate negative
Norway
–0.447
Moderately negative
Ukraine
–0.619
Moderate negative
Source: calculated by the author based on World Justice Project (2025)
Therefore, without comprehensive reform of the institution of disciplinary responsibility
of lawyers and prosecutors, mediation in Ukraine risks remaining a declarative element
that does not significantly improve the efficiency of justice and does not contribute to the
implementation of the principle of reasonable time for consideration of cases.
An analysis of international experience shows that the institutional implementation of
mediation in criminal justice varies depending on the jurisdiction. Norway has
implemented a mandatory diversion model with a mandatory assessment of the
possibility of mediation at the pre-trial stage and disciplinary liability of the prosecutor.
Germany applies judicial initiative in the Täter-Opfer-Ausgleich model with professional
and material liability of the lawyer. The United Kingdom integrates mediation through a
presumption of mediability and applies procedural sanctions for unjustified refusal. The
United States implements a hybrid model with a priority on confidentiality and ABA ethical
standards, which requires lawyers to take social and moral factors into account. Ukraine
is in a transitional phase: the right to mediation is enshrined in law, but there are no
mandatory mechanisms for lawyer accountability, which limits the effectiveness of the
procedures.
Table 7 shows the key determinants of lawyers’ responsibility in the field of mediation
and possible directions for adapting international standards to the Ukrainian legal system.
For Ukraine, these practices allow for the formulation of strategic vectors for
implementation: mandatory written justification for refusal of mediation by the
prosecutor, consolidation of civil and procedural liability of lawyers, and integration of
ethical standards into professional codes. Such a comprehensive approach will contribute
to increasing the effectiveness of mediation procedures, reducing the judicial workload,
and forming a culture of reconciliation in the criminal and civil justice systems of Ukraine.
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
444
Table 6. Regulatory institutionalization of mediation: comparative legal analysis of foreign and
domestic experience
Jurisdiction
Legislative acts
Procedural status of
mediation and content of
conceptual principles
Institutional basis of
liability and legal
consequences
Norway
Criminal Procedure Act
(1981, § 71a); Conflict
Resolution Boards Act
(2014)
Imperative-diversion model:
Mandatory consideration of
mediation (Konfliktrådet) at
the pre-trial stages. Emphasis
on restorative justice.
Disciplinary obligation of the
prosecutor to assess the
advisability of referring the
case to the Conflict Council.
High level of public trust in
extrajudicial institutions.
Germany
Strafprozessordnung
(2012, § 155a);
Mediationsgesetz (2012)
Institutionalisation of Täter-
Opfer-Ausgleich (TOA):
Obligation of the court to
initiate reconciliation at any
stage. Harmonisation with
Directive 2008/52/EC.
Material and professional
liability of lawyers for
improper advice on ADR
(Mediationsgesetz, 2012).
Mediation as a tool for
minimizing the court
workload.
Great
Britainitany
Legal Aid, Sentencing and
Punishment of Offenders
Act (2012); SRA Code of
Conduct
Presumption of mediability:
Use of Conditional Cautions
and diversion strategies.
Mediation as an integrated
part of the culture of justice.
Procedural abuse: Refusal to
mediate without justification
is considered a violation of the
SRA Code of Conduct,
resulting in court fines or
disciplinary measures.
USA
ADR Act (1998); Uniform
Mediation Act (2001);
Model Rules of
Professional Conduct
(ABA)
Hybrid and unified model:
Priority of confidentiality as an
imperative of procedural
integrity.
Rule 2.1 (ABA): Ethical duty
of lawyers to consider non-
legal factors (moral, social).
High effectiveness: up to 70%
success rate in EEOC cases
(2020).
Ukraine
Law “On Mediation” (On
Mediation, 2021); CPC of
Ukraine; Presidential
Decree (2015)
Transitional period: Transition
from “settlement of legal
disputes with the participation
of a judge” to classical
mediation. Declarative
recognition of settlement
agreements.
Limited liability: No
mandatory sanctions in the
Rules of Professional Conduct
(hereinafter – RPC) for
evading peaceful settlement.
Need to implement
mechanisms of “positive
liability.”
Source: compiled by the author based on the Conflict Resolution Boards Act (2014), Criminal
Procedure Act (1981), Mediationsgesetz (2012), Strafprozessordnung (2012), Solicitors
Regulation Authority (2019), U.S. Congress (1998), American Bar Association (2020), Uniform
Law Commission (2001), Criminal Procedure Code of Ukraine (2012), On Mediation (2021), On
the Strategy of Reforming the Judicial System (2015), European Union (2008)
Table 7. Determinants of lawyers’ responsibility in the field of mediation and strategic vectors for
adapting international standards to Ukraine’s legal system
Jurisdiction
Procedural status and
institutional
foundations
Determinants of lawyers’
responsibility
Recommendations for
implementation in Ukraine’s legal
system
Norway
Strategy
Mandatory diversion:
Mandatory assessment
of the possibility of
Disciplinary obligation of
the prosecutor to justify the
Introduction into the Criminal
Procedure Code of Ukraine of the
prosecutor’s obligation to justify in
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
445
mediation
(Konfliktrådet) at the
pre-trial stages.
referral of a case to court
instead of mediation.
writing the refusal to refer a case to
mediation in cases of misdemeanors
and minor crimes.
Germany
Judicial initiative (TOA):
Active role of the court
in proposing
reconciliation at any
stage of the
proceedings.
Material liability of lawyers
for failure to provide
information about ADR
(Mediationsgesetz, 2012).
Legislative establishment of civil
liability of lawyers for “loss of
opportunity” for peaceful settlement
due to improper advice to clients.
United
Kingdom
Presumption of
mediability: Refusal to
mediate without good
reason is considered an
obstruction of justice.
Recognition of unjustified
refusal of ADR as
procedural abuse with the
imposition of court costs on
the party.
Granting courts the power to impose
fines on a party that has unreasonably
rejected a mediation proposal,
regardless of the outcome of the case
on its merits.
USA
Ethical choice model:
Integration of mediation
through professional
ethics standards (ABA
Rule 2.1).
The duty of lawyers to be
“advisors” who take moral
and social factors into
account, not just the law.
Modernization of the Ukrainian Bar
Association: transition from
declarative “promotion” to mandatory
explanation of the advantages of
mediation as an ethical standard.
Source: compiled by the author based on the Conflict Resolution Boards Act (2014), Criminal
Procedure Act (1981), Mediationsgesetz (2012), Strafprozessordnung (2012), Solicitors
Regulation Authority (2019), U.S. Congress (1998), American Bar Association (2020), Uniform
Law Commission (2001), European Union (2008)
Discussion
Based on the study, it was found that the institutional integration of mediation in criminal
justice varies in effectiveness depending on the legal tradition and the level of
development of mechanisms for the legal liability of lawyers. On this basis, several key
points should be highlighted.
First, the results of the correlation analysis confirm that in countries of the Anglo-Saxon
legal family (the United Kingdom, the United States), there is a high positive correlation
between criminal and civil proceedings (r = 0.894 and r = 0.8, respectively), which
indicates functional consistency between ADR procedures and the functioning of criminal
institutions. This confirms the hypothesis that the integration of mediation into such
systems not only relieves the burden on the courts, but also promotes the establishment
of a legal culture where priority is given to dispute resolution and the ethical responsibility
of lawyers.
Second, in continental European countries (Germany, Norway), there is a moderate
negative correlation (r = –0.424; r = –0.447), which indicates a state of “institutional
plateau,” and the direct correlation between variations in individual indicators is less
pronounced, which indicates a higher level of formalized and structured procedures for
lawyers and prosecutors, which increases legal predictability and minimizes the risk of
abuse.
Third, the Ukrainian model shows a stable negative correlation (r = –0.619), indicating
a significant institutional imbalance. Despite the legal enshrinement of the right to
mediation, the lack of effective mechanisms for holding lawyers accountable means that
new procedural tools are often used by the parties as a means of delaying the process
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VOL. 16, Nº. 2, TD3
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The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
446
rather than for consensual settlement, which limits the potential of mediation as a
preventive mechanism for reducing the court workload.
Fourth, a comparative analysis of international experience reflects varying approaches to
the integration of mediation and the responsibility of lawyers. In Norway, the imperative-
diversionary model provides for mandatory assessment of the possibility of mediation at
the pre-trial stage and disciplinary responsibility of the prosecutor. In Germany, the
judicial initiative (Täter-Opfer-Ausgleich) is combined with the material responsibility of
the lawyer for not providing information about ADR. The UK applies a presumption of
mediability, where an unjustified refusal to mediate results in procedural sanctions. The
US integrates ABA ethical standards, which require lawyers to consider social and moral
factors when advising clients. In Ukraine, the absence of mandatory liability rules limits
the effectiveness of procedures, confirming the need for legislative and procedural
reforms.
The results of the analysis confirm that in countries with developed mediation practices,
such as Lithuania, the Czech Republic, and Austria, the low level of pending cases and
the adequate pace of court proceedings correlate with a reduction in the average duration
of proceedings in the first instance and the stability of the appeal and cassation process.
These data are consistent with the findings of Hajairin et al. (2023) and Sukardin et al.
(2023), who note the ability of mediation to increase the efficiency of criminal
proceedings and ensure fairness in proceedings.
It is worth noting that in countries with a high workload on the judicial systems (Greece,
Italy, Croatia, Malta, Spain), the average time for consideration of cases exceeds one
calendar year, which is confirmed by the studies of Shytyk & Akimova (2020) and
Budisetyowati et al. (2023) on the need to integrate procedural confidentiality of
mediation with public control instruments in cases of serious crimes.
Regression analysis of the impact of the judicial system’s operational indicators on the
duration of case processing has established that the main determinant is the
accumulation of pending cases (X₁), while increasing the pace of case resolution (X₂)
without comprehensive court relief has a limited effect, with these results confirming the
research of Mitskaya (2020) and Bougadoum (2021), who note that the effectiveness of
mediation mainly depends on the regulatory integration of alternative dispute resolution
mechanisms and the transparency of the judicial system.
An analysis of the WJP Rule of Law Index indicators found that the stability and high
quality of criminal justice in countries with high rule of law scores (Norway, United
Kingdom) creates conditions for the effective integration of mediation as a tool for
reducing conflict in legal processes. The results correspond with the works of Ibiteye and
Awomoyi (2023), Mladenov (2024), and Sherman and Momani (2025), which emphasize
the universality of mediation as an alternative means of dispute resolution and improving
the effectiveness of criminal justice.
Thus, the results of the study are due to the fact that the effectiveness of mediation as
a tool for optimizing criminal proceedings depends not only on the legislative
consolidation of the procedure, but also on the existence of clear standards of legal and
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
447
ethical responsibility of lawyers and the implementation of foreign approaches of
international models into the national system.
Conclusions
Based on the analysis, it was established that the role of mediation in the criminal justice
system mainly depends on the level of procedural capacity of judicial systems and the
existence of effective mechanisms of legal liability of lawyers. It has been found that the
accumulation of pending cases in courts of first instance leads to longer case processing
times and creates additional risks of violating the right to a fair trial. However, indicators
of the rate of case resolution without systematic court relief through preventive or
alternative mechanisms (in particular, mediation) do not lead to a significant reduction
in the duration of court proceedings.
Based on the regression analysis, it was determined that an increase in the number of
pending cases leads to an increase in the time taken to resolve cases by an average of
45.8 days per 100 inhabitants, while the rate of case resolution has the opposite, but
statistically insignificant, effect. An international comparison shows that in countries with
Anglo-Saxon legal systems (the United Kingdom, the United States), there is a high level
of interaction between criminal justice and mediation institutions, confirming the
effectiveness of their comprehensive approach. In this regard, we consider it necessary
to note that the absence of similar mechanisms in Ukraine leads to the development of
the risk of instrumentalizing mediation as a formal tool rather than a real means of
increasing the accessibility and speed of justice.
The practical significance of the results obtained is evident in the ability to apply
international experience to modernize the Ukrainian legal system: the implementation of
mandatory procedures for justifying the refusal of mediation, civil liability of lawyers for
failure to provide adequate advice, and the integration of ethical standards of professional
activity of lawyers. Further research should focus on developing a comprehensive model
of legal responsibility and preventive use of mediation, which will facilitate the work of
judicial authorities, increase the effectiveness of criminal proceedings, and guarantee the
actual observance of the right to a fair trial.
References
Akram, H., Sabri, F., & Kurniawan, I. (2023). Restorative justice in resolving crime cases
of domestic violence (KDRT) in the Padang police legal area. Delicti: Jurnal Hukum Pidana
Dan Kriminologi, 1(1), 42–49. https://doi.org/10.25077/delicti.v.1.i.1.p.42-49.2023
Al-Khafaji, F.A.H. (2021). Mediation as an alternative means of resolving disputes.
Review of International Geographical Education Online, 11(2), 183–194.
https://doi.org/10.33403/rigeo.XXX
American Bar Association. (2020). Model Rules of Professional Conduct: Rule 2.1 Advisor.
http://www.paclii.org/fm/rules/prof_conduct_rules/mropc343.pdf
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
448
Arseniuk, A.O. (2016). Procedural due process at the judicial examination of the land
disputes in Ukraine (PhD thesis, National University of Life and Environmental Sciences
of Ukraine Kyiv, Ukraine). https://dglib.nubip.edu.ua/items/61df27b2-3540-488c-8b0e-
a1a78aaa92f8
Aytekin, C. E. (2022). A conflict resolution practice of the idealist Peace Project: League
of Nations’ mediation in the Mosul question. Kafkas Üniversitesi İktisadi ve İdari Bilimler
Fakültesi Dergisi, 13(26), 1214–1237. https://dergipark.org.tr/en/download/article-
file/2307626
Bode, J. (2021). Mediation in juvenile criminal offenses - Albanian case. European Journal
of Interdisciplinary Studies, 7(1), 77–89. https://revistia.com/ejis/article/view/1711
Bougadoum, Y. S. (2021). Mediation in criminal cases. Rimak International Journal of
Humanities and Social Sciences, 03(07), 269–277. https://doi.org/10.47832/2717-
8293.7-3.24
Budisetyowati, D. A., Joko Sriwidodo, Rr. Dijan Widijowati, & Juanda. (2023). Mediation
of Criminal Cases as an Effort to Settle Criminal Actions Based on Local Wisdom in
Indonesia. Journal of Law, Politic and Humanities, 3(4), 377–391.
https://doi.org/10.38035/jlph.v3i4.245
Conflict Resolution Boards Act. (2014). Lov om konfliktrådsbehandling.
https://lovdata.no/dokument/NL/lov/2014-06-20-49
Council of Europe & European Commission for the Efficiency of Justice. (2024). European
judicial systems: CEPEJ evaluation report — 2024 evaluation cycle (2022 data).
https://eucrim.eu/news/cepej-2024-report-on-european-judicial-systems/
Criminal Procedure Act (1981). Lov om rettergangsmåten i straffesaker
(Straffeprosessloven). https://lovdata.no/dokument/NL/lov/1981-05-22-25
Criminal Procedure Code of Ukraine. (2012). Vidomosti Verkhovna Rada of Ukraine, No.
9-10, 11-12, 13. https://zakon.rada.gov.ua/laws/show/4651-17
Deineha, M. (2022). Mediation as an alternative method of dispute resolution:
International and national practices in legal regulation. Law. Human. Environment,
13(4), 16-25. https://doi.org/10.31548/law2022.04.002
Doneva, N., & Gjorgjieva, D. (2023). Mediation in criminal and civil cases in the positive
law of the Republic of North Macedonia- situation and challenges. International Scientific
Journal Sui Generis, 2(2), 35–51. https://doi.org/10.55843/sg2322035d
European Commission. (2024). 2024 EU Justice Scoreboard.
https://commission.europa.eu/document/download/84aa3726-82d7-4401-98c1-
fee04a7d2dd6_en?filename=2024%20EU%20Justice%20Scoreboard.pdf
European Commission. (2025). 2025 EU Justice Scoreboard.
https://commission.europa.eu/document/download/51b21eff-a4b0-4e73-b461-
06bd23b43d4e_en?filename=2025%20EU%20Justice%20Scoreboard_template.pdf
European Union. (2008). Directive 2008/52/EC of the European Parliament and of the
Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters.
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
449
Official Journal of the European Union, L 136, 3–8. https://eur-lex.europa.eu/legal-
content/EN/TXT/?uri=CELEX%3A32008L0052
Fajrin, Y. A., & Triwijaya, Ach. F. (2020). The concept of penal mediation for defamation
delict in the Indonesia ite law as a manifestation of restorative justice. Yustisia Jurnal
Hukum, 9(3), 363. https://doi.org/10.20961/yustisia.v9i3.36167
Fomina, T.H. (2021). International standards of implementing mediation within criminal
proceedings and the state of its realization in Ukraine. Bulletin of KhNUIA, 93(2), 313-
323. https://doi.org/10.32631/v.2021.2.28
Giezek, M., Shpakou, A., Zabielska, P., & Karakiewicz, B. (2023). The involvement in
domestic violence and the severity of legal, moral and social consequences for the
perpetrators in the perceptions of students in Poland and Belarus. International journal
of environmental research and public health, 20(6), 4947.
https://doi.org/10.3390/ijerph20064947
Hajairin, H., Mustofa, M., & Chandra, T. Y. (2023). Criminal justice reform: From due
process model to reintegrative model as an alternative to criminal case resolution. Asian
Journal of Social and Humanities, 1(10), 601-609.
https://doi.org/10.59888/ajosh.v1i10.82
He, T., Liu, L., & Gu, M. (2023). The role and development trend of third-party mediation
in environmental disputes. Sustainability, 15(13), 10197.
https://doi.org/10.3390/su151310197
Husin, M., Syahrin, A., Din, M., & Ilyas. (2024). Justice and utility in the settlement of
“Klacht Delict” through Mediation: Concept and impact in aceh. Samarah, 8(1), 281-298.
https://doi.org/10.22373/sjhk.v8i1.22530
Ibiteye, O. K., & Awomoyi, M. E. (2023). The effects of electoral violence on human rights
violation: An overview of the 2015 general elections in Nigeria. GPH-International Journal
of Social Science and Humanities Research, 6(4), 13–25.
https://doi.org/10.5281/zenodo.7813273
Khovpun, O., Kichuk, Ya., Petrenko, А., Dombrovska, O., & Metil, А. (2024). Mediation
as a conflict resolution tool in criminal proceedings in the context of martial law. Social
and Legal Studios, 7(1), 264-272. https://doi.org/10.32518/sals2.2024.264
Konoras, I. K. (2023). Stopping investigation and prosecution to realize restorative
justice. Kawanua International Journal of Multicultural Studies, 4(1), 35–40.
https://doi.org/10.30984/kijms.v4i1.598
Legal Aid, Sentencing and Punishment of Offenders Act. (2012).
https://www.legislation.gov.uk/ukpga/2012/10/contents
Martinez, J.K. (2020). Designing online dispute resolution. Journal of Dispute Resolution,
135–149. https://scholarship.law.missouri.edu/jdr/vol2020/iss1/10
Mediationsgesetz (2012). Gesetz zur Förderung der Mediation und anderer Verfahren der
außergerichtlichen Konfliktbeilegung. https://www.gesetze-im-internet.de/mediationsg/
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
450
Mitskaya, E. (2020). Theoretical Thoughts on legal regulation of mediation in criminal
process in Kazakhstan. International Journal of Criminal Justice Sciences, 15(1), 91–110.
https://doi.org/10.5281/zenodo.3822110
Mladenov, N. (2024). The Arab Approach to Mediation. Horizons: Journal of International
Relations and Sustainable Development, (26), 156–167.
https://www.jstor.org/stable/48790028
Odilqoriev, X. T. (2022). The role and importance of the institution of mediation in the
mechanism of alternative dispute resolution. Texas Journal of Multidisciplinary Studies,
5, 99. https://zienjournals.com/index.php/tjm/article/download/772/628/806
On Mediation (2021). Law of Ukraine No. 1875-IX. Vidomosti Verkhovna Rada of Ukrain.
https://zakon.rada.gov.ua/laws/show/1875-20
Ozerskyi, I.V. (2023). Actual problems of mediation in the jurisdictional process of
Ukraine. Mykolaiv: Black Sea National University named after Petro Mohyla.
Presidential Decree. (2015). On the Strategy of Reforming the Judicial System,
Proceedings, and Related Legal Institutions for 2015–2020.
https://zakon.rada.gov.ua/laws/show/276/2015/stru?lang=en
Rima, D., Yerbol, A., Adlet, Y., Sholpan, M., & Beaver, K.M. (2019). Familial concentration
and distribution of adolescent victimization: An analysis of factors that promote and
protect siblings from victimization. Victims and Offenders, 14(6), 727–744.
https://doi.org/10.1080/15564886.2019.1628143
Rule, C. (2020). Online dispute resolution and the future of justice. Annual Review of Law
and Social Science, 16, 277-292. https://doi.org/10.1146/annurev-lawsocsci-101518-
043049
Sherman, N., & Momani, B. T. (2025). Alternative dispute resolution: Mediation as a
model. F1000Research, 13, 778. https://doi.org/10.12688/f1000research.152362.2
Shytyk, L., & Akimova, A. (2020). Ways of transferring the internal speech of characters:
Psycholinguistic projection. Psycholinguistics, 27(2), 361–384.
https://doi.org/10.31470/2309-1797-2020-27-2-361-384
Sitarz, O., Bek, D., & Jaworska-Wieloch, A. (2018). Mediation and domestic violence:
Theoretical reflection on the Polish background. International Journal of Criminal Justice
Sciences, 13(2), 356–369. https://doi.org/10.5281/zenodo.2657631
Sloma, V. (2023). Mediation as a method of resolving civil legal disputes. Journal of
Actual Problems of Law, (4), 89–93. https://doi.org/10.35774/app2023.04.089
Solicitors Regulation Authority. (2019). SRA Code of Conduct for Solicitors, RELs, RFLs
and RSLs. https://www.sra.org.uk/solicitors/standards-regulations/code-conduct-
solicitors/
Strafprozessordnung. (2012). German Code of Criminal Procedure.
https://www.gesetze-im-internet.de/stpo/
Sukardin, Suartini, & Lutfi, A. (2023). Implementation of women’s representation as
members of the General Election Commission based on Law No. 7 of 2017 on General
JANUS.NET, e-journal of International Relations
e-ISSN: 1647-7251
VOL. 16, Nº. 2, TD3
Thematic Dossier - Rule of Law, Human Rights, and Institutional
Transformation in Times of Global and National Challenges
March 2026, pp. 427-451
The role of mediation in the criminal justice system: A comparison of international
approaches and issues of legal liability of lawyers
Inna Naida, Iryna Tarasova, Oleksandr Kalinichenko, Mykola Skarzhynskyi, Mykhailo Voznyk
451
Elections. Jurnal Hukum Volkgeist, 8, 117–122.
https://doi.org/10.35326/volkgeist.v8i1.4714
Toikin, O. Zh. (2022). Alternative dispute resolution methods in Turkish law and
mediation. Journal of Actual Problems of Jurisprudence / Habaršy. Zan Seriâsy, 103(3),
138. https://doi.org/10.26577/japj.2022.v103.i3.15
U.S. Congress. (1998). H.R. 3528: Alternative Dispute Resolution Act of 1998 (105th
Cong., Public Law No. 105-315). https://www.congress.gov/bill/105th-congress/house-
bill/3528
Uniform Law Commission. (2001). Mediation Act.
https://www.uniformlaws.org/committees/community-
home?CommunityKey=45565a5f-0c57-4bba-bbab-fc7de9a59110
World Justice Project. (2025). WJP Rule of Law Index 2025.
https://worldjusticeproject.org/rule-of-law-
index/country/2025/Ukraine/Criminal%20Justice/