What is the Supervision Procedure in Mediation?

The mediation system provides a fast, effective, and alternative solution in criminal justice aimed at reconciling the parties. For this system to function properly, it is critically important that both mediators and institutions providing mediator training are regularly supervised.

1. What is the Supervision Procedure?

Supervision is a systematic examination carried out to determine whether mediators and training institutions act in accordance with the Law and Regulations.

The Regulation foresees two main types of supervision:

A. Supervision of Training Institutions

Institutions authorized to provide mediator training are supervised by the Department Directorate in terms of:

• Compliance of training services with legislation,
• Work permits,
• Proper preparation and implementation of training programs,
• Accurate record-keeping

B. Supervision of Mediators

Active mediators are supervised by:

• Chief Public Prosecutor,
• Deputy Chief Public Prosecutor, or
• Assigned Public Prosecutor

2. How Often is Supervision Conducted?

According to the Regulation:

• It is mandatory that training institutions and mediators are regularly supervised every year.
• Supervision can also be conducted at any time upon notice or complaint.

This regulation ensures that standards are maintained in mediation processes and that compliance with ethical principles is continuously monitored.

3. Who Are the Supervisors?

Supervision of institutions providing mediator training is carried out by special supervisory officers employed by the Department Directorate.

These officers examine all activities of the training institutions from a legal perspective and prepare reports.

4. What Does Supervision Cover?

A. Supervision of Training Institutions

Training institutions are examined in terms of:

• Compliance of training services with legislation
• Activity permits and work permits of trainers
• Proper preparation and implementation of training programs
• Accurate record-keeping of the training process

This supervision aims to preserve the quality of training and ensure all processes are carried out in accordance with legislation.

B. Supervision of Mediators

Mediators are supervised based on whether they:

• Act in accordance with ethical principles
• Prepare reconciliation proposals and reports correctly
• Complete mediation procedures within the required time
• Maintain the confidentiality of negotiations
• Fully comply with legal and regulatory obligations

This process ensures that mediation is conducted fairly, impartially, and reliably.

5. Processing Supervision Results and Sanctions

As a result of supervision:

• For training institutions, a report is prepared by supervisory officers,
• For mediators, a report is prepared by the relevant Chief Public Prosecutor

Processing and Tracking the Report

• A copy of the report is kept at the supervised institution or the Public Prosecutor’s Office.
• Another copy is sent to the Department Directorate.
• If deficiencies are detected, a written notice with a time limit is sent to the institution.

If Deficiencies Are Not Corrected

• If deficiencies are not corrected within the given period
• Or if actions constituting a crime are detected

Judicial and administrative proceedings are initiated.

Offending Mediators or Institutions

Procedures are conducted according to Articles 49 and 54 of the Regulation. These measures include:

• Warning
• Temporary removal from the list
• Permanent removal from the registry and list