Until recently, the idea of a third or fourth grader acting as a mediator and trying to settle a dispute between classmates seemed foreign to the school community. A few days ago, the law on alternative dispute resolution was passed, with the aim of settling certain cases before they reach the courtroom. For the first time, the new law includes new forms of mediation, such as school, university, family and land registry mediation, opening the way for consensual solutions in other areas of everyday life as well.
The goal of the new school mediation system is to strengthen the climate and spirit of cooperation within school communities, especially at a time when the rate of violent incidents among minors is reaching worrying levels.
Voluntary Participation
First of all, it is worth noting that the new school mediation system is based on the principle of voluntary participation. Students who do not wish to take part face no penalty or negative consequence.
Why was it considered necessary to introduce this system into the legal order? The lawmakers themselves answer the question, noting that “school mediation aims in particular at the prevention and consensual handling of conflicts within the school community, the development of communication skills and peaceful dispute resolution, and the strengthening of students’ active participation in school life.”
School mediation does not apply to the early grades of elementary school. It is set to start with students in the fourth, fifth and sixth grades of primary schools.
This new legal framework can cover interpersonal conflicts, disputes or communication difficulties between students of low to medium intensity, whether they take place within the school environment, in person or online.
The Team
In practice, each school is expected to form a team of student mediators made up of two or more students. The team will work under the supervision of one or more coordinators appointed by the Teachers’ Association. The process takes place inside the school, in a designated space, during recess. Only the parties and the student mediators attend the session.
The lawmakers place particular weight on the role of the teacher coordinator, who is trained in school mediation through special programs lasting at least 20 hours. These include, among other things, questioning techniques, practical exercises and simulations.
Another necessary “filter” for bringing school mediation into a school is a decision by the Teachers’ Association. Teachers also play an important role, since, according to the law, they direct students toward school mediation when they identify a suitable case. And of course, the third pillar, after students and teachers, is parents and guardians, who are to be informed about how school mediation works.
What Will Apply At Universities
The introduction of university mediation follows the same spirit. This new system can cover disputes between students at the same higher education institution, in particular:
- interpersonal disputes and misunderstandings
- communication breakdowns
However, university mediation does not cover:
- cases of violence, harassment or bullying
- matters of academic assessment or grading
- disciplinary offenses that fall under the authority of disciplinary bodies
Family mediation is also an important chapter of the new law. It can cover parental responsibility arrangements, child custody, parent-child contact arrangements, support for minor children or a spouse, use of the family home and any other matter concerning property relations between parents and children or between spouses.
The truth is that there was no shortage of objections and disagreements over the new forms of mediation in the recent period. What remains to be seen in the coming months is whether the law will actually be put into practice or will stay only on paper.



