MEASURES FOR MEDIATING CRIMINAL CASES IN THE COURT, THE CASES OF COMPROMISING OFFENSES

Abstract

This research article aimed to study the problem of mediating criminal cases in the court, the cases of compromising offenses and sought out mediation measures in criminal cases in court, the cases of compromising offenses. This research was a qualitative research study. The data were collected by in-depth interviews with four key informant groups: judge/judicial officer, lawyers, working and mediator, and party, all of which utilized a purposive selection method. The research tools were in-depth interview form and the data were analyzed using content analysis. The research findings were as following: 1) Problems with the readiness of relevant government officials, the size of officials, the expertise and competency of officials, and the time required in the mediation process, including an insufficient number of officials and a lack of mediation techniques. (2) The case's financial issues included the mediator's failure to clarify the real damages and the mediator's lack of specialized knowledge. (3) Problems with mediators included a lack of experience and comprehension of mediation processes, a lack of training, no review of officials' knowledge, and a limited budget for mediation management. (4) Problems with the venue's appropriateness included an insufficient number of mediation places or rooms, a lack of privacy, and an excessively formal atmosphere. 2) Measures for mediating criminal cases in the court, the cases of compromising offenses, including (1) measures to ensure that relevant government officials were prepared, such as hiring more officials, holding seminars to train them, developing examples of mediation, or adding training courses, holding discussions, or opening coffee houses. (2) Measures pertaining to the financial aspect of the case included the following: The mediator must explain to the parties the damages, advantages and disadvantages; cases with high financial costs should be scheduled for a judge to mediate; and a mediator should be set according to high and low amounts of capital. (3) Measures for mediators included: organizing and increasing training, holding seminars on frequently, preparing a mediation manual, assessing personnel knowledge, accepting only people with legal knowledge to serve, and the government supporting an adequate budget. (4) Measures for venue readiness included: increasing the mediation venue and appropriately arranging the mediation room; arranging the mediation venue to be as private as possible; and arranging the venue to have an atmosphere similar to a coffee shop (café), to reduce pressure and create a good atmosphere.