“Penal mediation: a good tool in conflict resolution”

Abstract

This work presents the knowledge, opinions and perceptions of penal mediation, and the possibility of establishing such a system, among law professionals in Murcia. The quantitative method was based on the technique used, the survey. The sample consisted of 33 persons, all connected with the judicial field. The main results show clearly that penal mediation is a good alternative because it can resolve non-material conflicts, for example those with psychological, emotional and relational components. The principal advantages are the speed of the process and the possibility of better communication between the parties. The main disadvantage is that offenders can use mediation to their own benefit. The advantages for victims are that they can understand the aggressor’s position and the facts surrounding the situation; their fears of a repeat of the incident can be reduced or eliminated, and there is a chance of reaching a satisfactory agreement. For the offenders, the main advantages are a possible reduction in the sentence, and the psychological benefits of asking for forgiveness or acknowledging the incident.