THE ROLE OF MEDIATION IN THE CRIMINAL JUSTICE SYSTEM: A COMPARISON OF INTERNATIONAL APPROACHES AND ISSUES OF LEGAL LIABILITY OF LAWYERS

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 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.