Mediation in criminal executive proceedings as a method of implementing the idea of restorative justice

Mediation in criminal executive proceedings is a method of implementing the idea of restorative justice, that is an approach aimed at finding a constructive response to a specific crime. Its defining feature is the departure from the logic of confrontation towards constructive dispute resolution. It is a way of improving communication to enable the offender, the victim, the community affected by the crime as well as the mediator as a consensus facilitator to seek optimal solutions to the case at hand. Mediation relies on values such as the indisputable dignity of the human person, forgiveness, reconciliation, and taking into account the values and beliefs of each of the participants. Hence, mediation serves the perpetrator and the victim of the crime, and it safeguards the common goal of building social capital of trust. This claim is well-evidenced by the results of the programme implemented at the Regional Inspectorate of Prison Service in Lublin, as described in this study. A separate testimony comes from the reported experiences of mediators participating in the “Restorative Justice Pilot Programme at the Regional Inspectorate of Prison Service in Lublin” financed from the funds of Poland's “Justice Fund”. Finally, the worthiness of mediation in penal contexts is confirmed by conclusions from empirical research conducted with inmates and victims – participants of mediation.