1Mediation as an extra-judicial proceedings is conducted by the mediator according to the provisions of this Code and the law in force on mediation.

2Mediation may be developed only upon free consent to mediation expressed by both the child accused of the criminal offence and the injured party. The consent given must be written in a record of the prosecuting body.

3Mediation may be organised only in the presence of the child, offender of the criminal offence and the injured party.

4The legal representative of the child, the psychologist, the employee of the Unit for Protection of the rights of the child, the prosecutor, and/or other persons assigned by him may participate in the mediation process upon consent of the parties. The prosecutor, where necessary, may participate in the mediation process.

5Mediation to settle disputes, where appropriate, may be applied as a diversion measure and a possibility that leads to the improvement of relations between the child offender and victim of the criminal offence.

6The prosecutor during investigation and the judge during trial, where appropriate, may propose mediation if they deem that this is the most adequate alternative considering the nature of the criminal offence, the circumstances of commission of the criminal offence, the past of the child, the possibility of restoration of normal relations between the child and the injured party, the possibility of reducing harm to the injured party, the possibility to rehabilitate and re-integrate the child in the society.

7If the proposal of the prosecutor/judge on mediation is accepted by the parties, then the prosecutor/judge shall decide suspending the criminal process for a period of not longer than 45 days. If the mediation agreement is concluded, the prosecutor/judge decides dismissing the case. If the mediation agreement is not concluded after 45 days, suspension shall become invalid and the case investigation/trial shall be resumed.

8The costs of the mediation procedure shall be incurred according to the legislation in force.