Document Type : Research Paper
Authors
1 Ph.D. in Sociology, Tehran University, Tehran, Iran.
2 Ph.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran
3 Master in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran
Abstract
The research method used is qualitative in the form of thematic analysis with an unstructured interview tool, and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges.
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