Thomas Trenczek


[extract] Unlike in other countries, especially common law jurisdictions, mediation in Germany is most frequently used not in the civil law but within the criminal justice field by victim-offender mediation (VOM) programs. However, the conceptual orientation and enforcement of victim-offender mediation programming within the criminal justice system (especially in Germany) brings some dangers with it – dangers for the traditional criminal justice system as well as for the mediation schemes. Theoretically, there may be more challenges for the criminal justice system, yet in this article I am going to deal with some problematical aspects and consequences of the present predominant implementation of the Täter-Opfer-Ausgleich (TOA), the implementation of victim-offender mediation in Germany.