Mandatory Mediation in Civil Proceedings in the Republic of Moldova

Abstract

In the context of the modernization of the justice system in the Republic of Moldova, mediation has evolved from an optional alternative mechanism into a mandatory instrument in certain categories of civil disputes. The recent legislative amendments concerning mediation and the status of the mediator introduce the obligation to participate in a mediation session prior to filing a claim before the court. This study analyzes the impact of these changes on civil procedure, highlighting both the advantages and the challenges generated by the implementation of mandatory mediation. The main areas in which this procedure becomes applicable are examined, such as family disputes, labor conflicts, and low-value claims, as well as its effects on the duration of proceedings and the workload of the courts. Furthermore, the paper addresses issues related to the compatibility of mandatory mediation with the fundamental right of access to justice, as well as the necessity of ensuring a balance between procedural efficiency and the protection of the parties’ procedural rights. In conclusion, it is emphasized that the success of this reform depends on the consistent application of legal norms, the adequate training of mediators, and the promotion of a culture of amicable dispute resolution within society. CZU: 347.965.42(478); JEL: K390, K4, K410, K490