Effective access to justice through accessible and competent mediation services
Effective access to justice through accessible and competent mediation services

Summary/Abstract: This article identifies the causes determining mediation’s limited popularity among prospective users, whether public institutions, private sector companies, individual citizens, or civil society organizations. With such causes identified, the article then proposes a few options for the next steps that can lead to possible solutions for an increased understanding of, respect for, and use of mediation in Romania. The approach and analysisare structured around three main pillars – the demand for mediation, the supply for mediation, and the factors influencing the mediation activity. Specifically, the author maps out various means for recourse to mediation and analyses the components of the quality assurance mechanisms before looking at numerous entry points in the system that should be considered. A set of options for the next steps is offered, including the top-down Italian model based on the first mandatory meeting, setting up data gathering mechanisms, developing the supply side of mediation, conducting effective mediation promotion, implementing sector-specific mediation programs, and, most importantly, planning for and implementing mediation public policies and three to five years action plans. Finally, the article proposes a blueprint for breaking the deadlock in the field of mediation in Romania and moving it forward in implementing the best international standards and practices.

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