Mediation in the Criminal Procedure of Western States: Comparative Legal Analysis

Guldana Baimukhametova1,Denis Voyevodkin2, Yerlan Mynzhanov3

https://doi.org/10.62271/pjc.16.3.209.222

Abstract
The purpose of this paper is to cover the theoretical component of the mediation mechanism, to determine its place in the criminal procedure, as well as to conduct a comparative analysis based on the practices of its functioning in various countries, namely the United States of America, Great Britain, Germany, France. The theoretical methodological approach, the formal legal methodological approach, the dogmatic methodological approach, the method of legal
hermeneutics and others were used to conduct this study. The results of the study showed that at this stage the institution of mediation is quite young, but it is a fairly effective way of alternative dispute resolution; the study analysed the world practices of advanced states in the functioning of mediation, as well as their legislative norms that regulate this institution, considering the specific features of each of the legal systems.

Keywords: Restorative Justice; Criminal Procedural Legislation; Alternative Ways of Conflict Resolution; Criminal Law Conflict; World Practices.