Courtannexed Mediation in Finland Justice KIRSTI UUSITALO SUPREME

Court-annexed Mediation in Finland Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

European Court on Human Rights (Strasbourg) High Court of Impeachment Supreme Court Supreme Administrative Court Regional Courts of Appeal(5) Labour Court District Courts (27) Insurance Court Land Courts (8) European Court of Justice (Luxembourg) Market Court Regional Administrative Courts (7) Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Promotion of a Settlement • Afer filing in a case // During the trial in District Court (preparatory stage) • Also in Court of Appeal • Judges’ role • Disqualification of the Judge • Not Mediation / a Part of the trial Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Harms of Trials • Uncertainty with evidence; law and desicion-making • Dissatisfaction => Court of Appeal & Supreme Court (precedent setting ) • Extraordinary appeal in case of procedural errors etc. • Time & Costs Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Benefits of Mediation - saved time - lower costs - flexibility -less stress - forward-looking -satisfaction -finality -confidentiality Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Finnish Court -annexed Mediation in civil cases • Can be applied in non-mandatory civil matters and petitionary matters • Always voluntary – all parties consent to mediation • Court desides wether mediation is to be commenced • Confidentiality • Mediator is not the judge dealing with the matter in the trial Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Suitable cases for Mediation - Equally balanced parties capable to negotiate - Conflict in reasonable level - The parties have to meet / work together in the future - Parties need someone to help with the negotiations / reaching an agreement - Parties understand the benefits of Mediation Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Obstacles of Mediation - Cases with purely judicial nature and a need of judgment // precedent - Parties (or one of them) unable to negotiate Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Mediation in child custody disputes • Parents’ disagreement concerning the custody, right to access and maintenance of a child • The mediator in court is a judge assisted by an expert (psychologist or a social worker) • Parents or one of them may apply • The court may confirm the agreement Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Training for Judges • • • Training organised by the ministry of Justice Mandatory before starting Theory & Case simulations What is difficult for Judges ? Expert after 200 cases ? Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Some statistics - 2 000 cases /year out of 8 000 cases - Agreement reached 70 – 80 % of cases Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Mediation in criminal cases – organised by The National Institute of Health and Welfare - Offender & victim have a possibility to meet and handle the harmful causes of the offense and find a way to settle them - Organised outside courts - usually before/during preinvestigation or consideration of charges - Voluteer, but trained mediators - Free of charge, confidential, voluntary Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

More information (in finnish /swedish / english) www. oikeus. fi (general information by the Ministry of Justice ) www. finlex. fi (acts) www. thl. fi (mediation in criminal cases) Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND, 4. 12. 2017

Thank you for your attention Justice KIRSTI UUSITALO SUPREME COURT OF FINLAND 4. 12. 2017