Let the mediation breathe!

I observe how the mediators’ body enters slowly in the same trap as other professions did (e.g.: teachers): the mediation was not invented with its face towards the mediators, but towards the clients, in order to solve types of problems which appear in a democratic society.

OVERREGULATION is a sickness which haunts Europe for years, with devastating efects on sustainable development and, implicit, on the place of european states in global competition. The anglo-saxon Flexible approach is just an exception to confirm the principle.

Three pillars are basic in a society (as well as in a profession): legislation, its implementation mechanisms and THE PRACTICES.

In Romania we have a Constitution which established the institution of the mediator since 1991, an occupational standard of the mediator since 2000, a regulated ocupation since 2001, an express law since 2006 (too much and to often “improved” on the way),  a small reform in the justice area and a number of articles in codes (some in effect, some still waiting…); we have released even the government emergency ordinance…

We have mechanisms to implement mediation in România, mechanisms which are in a constant state of improvement, in the conditions of a stakeholders consultation process in general and that of the professional body, which is more and more scanty.

In practice, the problem of the policy makers and that of many of the mediators is that we do not succeed yet to develop our later thinking (to “cut” patterns), to understand and assimilate the philosophy behind mediation, where the construction of trust and, implicit, respect between the parts involved are essential.

Let us not forget that, at least in theory, we are specialists in building consensus…

Now, after the apocalypse, I hope an ASSOCIATION FOR PROTECTION OF THE MEDIATION SERVICE CONSUMER IN ROMANIA will appear, for protection of their wrights in the fight with the “system” that tends to crush them even before the mediation service becomes accessible on a large scale and at reasonable standards…

Adrian Bădila, mediator