Неосъществената реформа за приемане на задължителна съдебна медиация в България – проблеми, пътища и посоки
THE NON-REALIZED REFORM FOR THE ADOPTION OF MANDATORY JUDICIAL MEDIATION IN BULGARIA – PROBLEMS, PATHS AND DIRECTIONS

Summary/Abstract: This article seeks to examine the countryʼs model of mandatory judicial mediation, which was declared unconstitutional even before the latter came into force. To this end, a comprehensive presentation of the normative framework through which judicial mediation was to be introduced is made and a detailed analysis of the arguments put forward by the Constitutional Court in its annulment is presented. Simultaneously, the text highlights some of the problems that have occured since the Court‘s repeal of the so-called „unified normative package“ introducing the procedure of judicial mediation, mainly focusing on the consequences of the selection of judicial mediators in the coun try, the damage that the latter may have suffered in the subsequent repeal of mandatory mediation and the judicial mediation centers established under the Judiciary Act at each district court. It also examines, the way in which compulsory judicial mediation was introduced and developed in Italy, which is unanimously perceived as a successful example for stimulating mediation development through legislative reforms. In conclusion, this article makes some suggestions on the form that a possible mandatory mediation model could take in some national court proceedings.

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