Medierea obligatorie în cauzele civile: mijloc de eficientizare sau limitare a accesului liber la justiție? [Articol]

Abstract

This article examines the relationship between relieving courts of civil cases and ensuring free access to justice as a fundamental right. The objectives are to evaluate the key impact of mandatory mediation on case management, court efficiency, and litigants’ guarantees. Employing a mixed-methods approach, the study empirically combines doctrinal analysis of legislative texts and comparative jurisprudential review. Researches indicate that mandatory pre-trial mediation significantly reduces court backlog, shortens dispute resolution timelines, and lowers litigation costs. The Ministry of Justice’s draft law on mediation and mediator status, approved by the Government, extends mandatory mediation to civil, family, and labor disputes, transforming mediation from an alternative into a strategic necessity. Systemic reform promises simpler, faster, more affordable dispute resolution, reinforcing judicial efficiency and the right to accessible justice.