National Network for Children (NNC) submitted to the National Assembly a positive opinion on the draft law on amendments and supplements to the Code of Civil Procedure (CCP), prepared by the Ministry of Justice, which provides for the introduction of a mandatory mediation information meeting in certain types of litigation, including family disputes.
Why do we support the changes?
The NNC has been insisting on encouraging mediation in family disputes for years and pointed that out in the Notebook 2025 report. The proposed reform:
- Complies with the Constitutional Court’s 2024 ruling on not blocking parties’ access to justice;
- Provides a free information session and up to 3 hours of mediation, covered by the state budget;
- Provides for 75% of court fees to be refunded if parties reach an agreement through mediation;
- Allows for recognition of mediation already conducted outside of court;
- Supports the inclusion of professionals with different backgrounds as mediators.
What do we suggest for improvement in our opinion?
In its opinion, the NNC offers several specific ideas for improvement, including:
What does the draft law envisage?
The new texts propose that family members who are arguing should first participate in a meeting with a mediator to present them with the mediation procedure. They then voluntarily decide whether to participate in the actual procedure or whether the case should proceed to a courtroom.
This model draws on successful practices in Italy and respects the principle of involuntariness while promoting more peaceful dispute resolution.
- Clearer rules on when absence from a meeting is unjustified;
- Exceptions for participation in cases of domestic violence, vulnerability or residency abroad;
- Guarantees of confidentiality of what is discussed during the meeting;
- Equal treatment of out-of-court mediation centers through clear rules on their accreditation;
- Mechanism for data collection and evaluation of the effectiveness of the reform.
What is the objective?
The reform promoted by the NNC aims to ease the burden on the justice system and encourage dialogue, especially in family (parental) conflicts where the child’s interest should be paramount. The National Network for Children will continue to actively participate in consultations on this issue and will support all efforts to promote a culture of peaceful settlement of family disputes.
