Форми на задължителна съдебна медиация в контекста на правото на достъп до правосъдие
Forms of mandatory judicial mediation in the context of the right to access to justice

Summary/Abstract: This article presents the problem of mandatory judicial mediation within the context of the right of access to justice and outlines some of the problematic aspects of the potential adoption of mandatory judicial mediation in Bulgaria. The Bulgarian Supreme Judicial Council concept, which is currently being piloted by special mediation centers, will provide empirical data on how potential forms of mandatory mediation could fi nd their place as part of the civil and commercial procedures in the country. In parallel, the author studies some of the existing models of mandatory court mediation and examines the extent to which the latter can be subsequently implemented by the legislator in the process of introducing mandatory mediation in the country. Additionally and by way of example, the current article elaborates on the models of mandatory judicial mediation in Great Britain, some states in the USA, Australia and part of the European countries,. Simultaneously, the question of the right of access to justice and the extent to which the latter is protected in the various forms of mandatory models of judicial mediation is raised. In conclusion, the article suggests some forms that the potential future model of mandatory mediation as part of the national proceedings might take.

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