형사조정프로그램에 대한 조정위원의 평가

Evaluation on Criminal Mediation by Mediators

This paper is to seek and propose improvements of the criminal mediation program through the evaluation of the criminal mediation conducted by the mediator. We conducted a survey targeting 656 mediators as our research method , and the results of this survey is as follows. Firstly, the evaluation score of criminal mediation program averaged 6.94 out of 9. The average continues to drop from 7.18 in 2008, 6.92 in 2009 and 6.70 in 2010. Secondly, looking at the criminal mediation meeting with a phase-by-phase approach, the result of the evaluation on the preparation of meeting showed that the introduction of the criminal mediation program the description given to offenders and victims are insufficient. For the evaluation on the progress, the result showed that the time of the mediation meeting was not enough, and the evaluation on the result of the criminal mediation showed that apology and self-reflection of offenders were insufficient. Thirdly, the evaluation showed that most of mediators prefer the reconciliation model to the problem-solving model. The preference for the reconciliation model has continued to increase from 2008 to 2010. The mediator especially attached great importance to the conflict resolution and the restoration of relationship between the offender and the victim, and the settlement that reflects and values the opinion of the offeder and the victim at the mediation meeting. Finally, factors affecting the evaluation on the criminal mediation were “the amount of the case-related-data provided,” “allocation of time for the mediation meeting,” “the degree of the victim’s recovery from damage,” “the conflict resolution and the restoration of relationship between offender and victim”.