An interview with Mr. Igor Dolea, Ph.D. in Law, University Lecturer, and Executive Director of the Institute for Penal Reform, on the Role of State-Guaranteed Mediation.
Mr. Dolea, we would like to discuss with you an innovative reform recently approved in Moldova that will allow wider access to state-guaranteed mediation. Together with Millennium Partners, under the “Access to Justice in Moldova” project (2019-2023), the Institute for Penal Reform strongly advocated for the use of state-guaranteed mediation as a tool to expand access to justice. By the end of 2023, this innovation was approved and has since come into force. What is state-guaranteed mediation, and what changes can Moldovan society expect with the application of these new provisions?
State-guaranteed mediation is an innovative mechanism that provides an efficient and accessible alternative for dispute resolution, financially supported by the state for vulnerable individuals. This includes low-income individuals, minors, youth up to 21 years old, and persons with severe disabilities.
The mediation process is confidential, flexible, and guided by a professional mediator who assists the parties in reaching an agreement. By reducing the number of minor cases in courts, mediation allows the judiciary to focus on more complex cases. Additionally, it promotes amicable dispute resolution, mediating between parties and reducing costs.
This achievement marks the culmination of a process initiated over two decades ago when mediation was first introduced into the legal system by law.
Recent amendments to Law No. 198/2007 on state-guaranteed legal aid create a functional framework for mediation, aimed at ensuring access to justice for the most vulnerable segments of the population.
What were the turning points in promoting state-guaranteed mediation?
The promotion of state-guaranteed mediation began in 2019-2020 and was a lengthy and complex process. In collaboration with Millennium Partners, the Institute for Penal Reform conducted a detailed study in 2020 analyzing optimal ways to establish the mechanism without requiring undue resources. The study identified the types of cases suitable for state-guaranteed mediation, procedures for requesting services, and mechanisms for remunerating mediators.
Our recommendations also aimed at improving the regulatory framework, including determining the categories of cases and targeted beneficiaries, with an emphasis on vulnerable groups. We incorporated best practices from countries with advanced mediation experience, adapting them to Moldova’s context. Collaboration with authorities and the openness of the Ministry of Justice were crucial for the mechanism’s approval.
Is the justice system prepared to implement this mechanism?
Preparation involves significant efforts. A key element is the training of mediators. It is essential to invest in initial and ongoing training programs that include both theoretical knowledge and practical skills development.
Another important aspect is educating citizens about the benefits of mediation.
Awareness campaigns can help change mindsets and increase the use of mediation as an alternative solution to lengthy and costly court cases. Besides professional training and public awareness, logistical support for vulnerable individuals and continuous monitoring and evaluation processes are necessary to ensure that this service is widely accessible and properly applied.
What role will state-guaranteed mediation play in justice reform?
State-guaranteed mediation is an integral part of justice reform, aligning Moldova with European standards. It facilitates access to justice, offering a quick and efficient alternative for dispute resolution.
Its advantages include reduced costs, confidentiality, and the potential to preserve relationships between parties.
At the same time, this mechanism helps to alleviate the burden on courts, reducing the number of minor cases and saving resources. Mediation also supports vulnerable groups by providing free access to quality services.
How do you see the future of mediation in the justice system?
Mediation will become a pillar of modern justice. The flexibility of the process and the ability to resolve disputes through mediation are essential advantages. I believe that mediation will foster a more harmonious social climate where conflicts are resolved constructively and swiftly.
Thank you very much for this interview. We wish you success and great achievements in the future! Any closing messages?
Thank you for the opportunity to share my thoughts in this interview. Collaboration with civil society and international partners is essential for the success of justice reforms, including the implementation of mediation. I am confident that, through dedication and joint efforts, we will continue to build a modern and accessible justice system for all citizens of the Republic of Moldova.