A Comparative Study of the Principles, Objectives, and Structure of Mediation in Iranian and German Law
Subject Areas : Criminal law and criminology
1 - سطوح خارج و عالیه، حوزه علمیه قم، قم، ایران
Keywords: Mediation, Iran, Germany, Criminal Law, Comparative Law,
Abstract :
This study aims to examine and compare the principles, objectives, and structural foundations of mediation within the legal systems of Iran and Germany. The central question of the research concerns the similarities and differences in the conceptualization and application of mediation in the two jurisdictions. As an alternative dispute resolution mechanism, mediation has gained increasing attention in recent years due to its capacity to reduce judicial formalities, preserve confidentiality, and promote restorative justice. Employing a descriptive–analytical methodology, this research investigates the legal foundations and existing documents in both countries and analyzes the principles and goals that guide mediation. The findings demonstrate that both legal systems emphasize core principles such as voluntariness, confidentiality, and neutrality; however, they differ in their legislative frameworks and in the institutional mechanisms through which mediation is implemented. By providing a deeper understanding of this legal institution, the present study may contribute to improving and expanding the use of mediation as an effective means of dispute resolution.
