The Objectives of Problem-Solving Courts and the Transformative Potential of Mediation in Criminal Cases – Some Remarks from the Perspective of Comprehensive Law Movement

Abstract

Introduction – Research Goals The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the Therapeutic Jurisprudence orientation, which is the leading current co-creating the Comprehensive Law Movement. On the other hand, is to make an attempt to establish the existence of a specific iunctim between the therapeutic and transformative aims of Problem-Solving Courts and the potential of criminal mediation in this regard. Materials and methods The study, according to the concept of ontological and methodological approach to law as multi-leveled phenomena, is of interdisciplinary nature. It refers to both: theory and practice of mediation and also to the idea of Comprehesive Law Movement, Problem-Solving Courts, Therapeutic Jurispridence, as well as theory and philosophy of law, Polish legal dogmatics and selected psychology issues. The paper is based primarily on the literature in question. The reasoning is dominated by the logico-linguistic method, supported by the comparative method. Results and conclusions The conducted research allowed to meet the descriptive goals of the paper, as well as to point out the specific iunctim between the therapeutic and transformative goals of Problem-Solving Courts and the potential of mediation in criminal cases in this regard. At the same time, the need to consider the possibility of the transfer of selected ideas and solutions (adopted within the framework of Problem-Solving Courts and Therapeutic Jurisprudence) to Polish legal ground and social order was highlighted. Implications Intentional purpose of the text is to introduce the key assumptions of the Comprehensive Law Movement, the interdisciplinary type of Problem-Solving Court and the orientation of Therapeutic Jurisprudence into Polish ground. It is, as well, to trigger the discussion on the possibility of activating the therapeutic and transformative potential of 'law in action' within the behavioural and personal (internal) area of the parties to disputes (including disputes arising from the crime committed). Such potential may be supported within the framework of innovative judicial and extra-judicial proceedings, in particular: during transformative mediation in criminal cases.