Analysis of the legal concept of “mediation” and the good practices in Bulgaria. The process of adoption of the Mediation Act and legislators’ reasons behind it are presented as well as the requirements to the persons who want to be mediators, the main principles, rights and obligations of the parties are outlined and the good practices on the territory of the Republic of Bulgaria are stated. The challenges to practicing mediators are pointed out.
Key words: mediation, mediator, law, Republic of Bulgaria.
Why mediation? Why “Mediation Act”? Where is mediation ten years later? Making a thorough analysis of the mediation itself as a concept will take a lot of time and presumes a detailed commentary on every aspect of mediation, a task this article does not aim to achieve.
The objective of this article is to sketch the general outlines of the concept of “mediation” according to the definition adopted by our legislators. Next, it aims to present the main principles, advantages and disadvantages and pay attention to the requirements for acquisition of the qualification of “mediator” as well as the main functions of the latter. Last but not least it aims to state the good practices concerning the application of mediation in Bulgaria and to outline the tendencies in the development of mediation in real life, i.e. where it should find appropriate environment for development. Some concerns have been pointed out and some criticisms have been raised as regards the existing statutory requirements concerning the figure of mediators, such as qualification, education qualification as well as the training of mediators because the establishment of the concept of “mediation” as a successful mechanism of alternative dispute resolution depends on them.
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