Instructions for those considering mediation
What is mediation?
Mediation in criminal cases and disputes is an impartial, voluntary and free-of-charge service. In mediation, the parties involved in a crime or dispute meet each other. With the support of trained, impartial and confidentiality-bound volunteer mediators, the parties can discuss the crime or dispute that has occurred. Sharing experiences and emotions is part of the dialogue during mediation. Mediation also addresses the psychological and material harm caused to the victim, and agreement can be reached on compensation. Compensation may be agreed in the form of money or work.
Through mediation, the parties can influence the handling of their own case and the decision concerning it. The mediators ensure that the outcome of the negotiations is based on a joint decision by the parties.
A prerequisite for mediation is that the parties consent voluntarily, without pressure, and understand what mediation means. The parties have the right to withdraw their consent at any time, after which mediation will be discontinued. A minor must also give their personal consent. Consent is also required from the minor’s guardian or another legal representative.
Who is present at mediation?
Mediation sessions are usually facilitated by one or two impartial volunteer mediators. The parties to the crime must participate in mediation in person. There are generally no legal representatives present during the mediation session itself, but it is advisable for the victim to ensure their legal protection in advance, such as what kind of agreement is reasonable to accept and what compensation they are entitled to claim.
A personal support person from Victim Support Finland (RIKU) can be helpful in situations where mediation feels like the right option but participating alone feels difficult. It is possible that a case addressed in mediation may proceed to court regardless of the outcome of mediation. In such situations, it is also possible to request a support person from Victim Support Finland, who can provide emotional support and guidance on practical matters related to the criminal process.
You can request a support person from Victim Support Finland via a contact request or from your nearest service point. Questions related to compensation can be discussed with the phone-based legal advice service at 0800 161 177, Mon–Thu from 5 pm to 7 pm.
If one of the parties in mediation is a minor, mediation is usually arranged so that the minor has the opportunity to receive support from their guardian, meaning that the guardian may participate in the mediation.
Agreement
It is essential that the parties meet, engage in dialogue, clarify the events related to the dispute or crime, and that the offender takes responsibility for their actions. Mediation will be discontinued if the parties withdraw their consent, do not wish to continue mediation, or if it becomes apparent that consent was not given voluntarily. Mediation will also be discontinued if either party experiences pressure to reach an agreement, if the prerequisites for mediation are otherwise not met, or if the parties do not understand the significance of mediation.
If an agreement is reached, a written settlement is drawn up. Before the final agreement is concluded, the victim may, if they wish, seek assistance regarding the content of the agreement, for example from their legal counsel or from Victim Support Finland. Mediation may affect the restriction of the pre-trial investigation, a decision not to prosecute, a decision not to impose a punishment or to mitigate it, as well as the applicable sentencing scale or type of punishment.
If the case concerns an offence subject to private prosecution and the victim withdraws their demand for punishment during mediation, the case will not proceed in the criminal process and will be concluded. After withdrawing the demand for punishment, the victim cannot renew it, even if the same person later commits another crime against them. The victim may, of course, report the new crime and demand punishment, but the offence already addressed in mediation will not be reconsidered.
Victim Support Finland’s position on mediation
According to Victim Support Finland, mediation is in many situations a good alternative way of handling a criminal case. A prerequisite for mediation is that the offender is willing to take responsibility for their actions and compensate for the harm caused, that participation is voluntary, and that the victim does not feel fear about meeting the offender. If the offender is not willing to take responsibility for the crime, the prerequisites for mediation are not met.
Crimes that are often suitable for mediation include:
- damage to property
- violation of domestic peace
- theft and petty theft
- offences against honour
- unauthorised use and vehicle use without permission
- unlawful threat, provided no life-threatening instrument has been used
- assaults between adults outside close relationships that have not resulted in serious injuries
- assaults between young people that have not resulted in serious injuries
Mediation in cases of domestic violence ended from the beginning of 2025
Mediation in cases of domestic violence ended at the beginning of 2025. Cases involving domestic violence that entered the process in 2024 may still, in some cases, be mediated. Domestic violence can no longer be mediated from the beginning of 2025
Although mediation in cases of domestic violence is largely prohibited by law, there are certain offences that may still be mediated even if they are connected to a close relationship:
- All offences subject to private prosecution, such as sexual harassment against an adult and unlawful distribution of a sexual image, causing bodily injury, damage to private property, theft, unlawful eavesdropping and surveillance, defamation, dissemination of information violating private life, and violation of domestic peace. Unlawful threat is also an offence subject to private prosecution, unless a life-threatening instrument has been used.
- Offences committed by a minor against their guardian or relative for which no more severe penalty than a fine is prescribed, such as dissemination of information violating private life, defamation, petty theft, minor embezzlement, minor damage to property, minor fraud, minor payment instrument fraud, and identity theft.
In a close relationship, there may also have been offences that cannot be mediated. These may still be discussed during mediation, but an agreement can only be made regarding offences that are legally eligible for mediation.