On October 16, 2023, the Supreme Judicial Council publishes the projects on its website on two key regulations, in connection with the introduction of mandatory judicial mediation in pending litigation:

• Draft Ordinance on the structure and organization of the activity of judicial mediation centers. 
• Draft Ordinance on the selection, status and activities of mediators in judicial mediation centers.

We remind you that at the beginning of this calendar year, changes were made to the Law on Mediation, which introduced its mandatory enforcement in certain pending court cases. In connection with these amendments, amendments were also made to the Civil Procedure Code. Since the changes come into effect with a grace period, namely from 01 July 2024, it was expected that during that time the High Judicial Council would issue Regulations regulating the operation of the judicial mediation centers, which were laid down by the amendments to the Mediation Act, as and the requirements for a court mediator.

Both ordinances are published for public consultation, as the opportunity for opinions is extremely short – until November 12 and 16, 2023.

The highlights of both projects are:

• Judicial Center by mediation is created to each district court, with the possibility of opening their divisions or the creation of separate ones to the district courts.
• The selection of the candidates is carried out by a commission composed of a representative of the SJC, the Ministry of Justice, two judges and a lawyer from the relevant bar association.
• Only a qualified person, who has a legal education can be selected as a court mediator.
• Candidates for judicial mediators are provided for: written test – with open and closed questions, oral interview with the selection committee, and for those who have passed through these two levels of selection, it is foreseen additional specialized training of min. 20 study hours, which again ends with one more test.
• Term of 3 years, with the possibility of extension for another term, but only after a positive assessment of his activity.
• The entire judicial mediation procedure is regulated in detail.

We believe that both regulations raise a lot of questions and criticisms, which is why the Center will prepare its opinions on both draft Regulations as soon as possible.