HUNGARY
Leading a National Mediation Movement
Since Partners-Hungary first introduced community-based mediation
to the country in 1996, it has increasingly become an accepted and
demanded service in Hungary, resulting in great interest among NGOs,
academic institutions, and government entities. This influx, however,
has lacked direction and communication among various initiatives,
resulting in challenges to coordinate efforts at the national level.
In late 2000, Partners-Hungary took the lead in unifying the diverse
mediation efforts and initiatives by establishing the National Mediation
Association (NMA), a professional organization that aims to introduce
and utilize mediation as a dispute resolution mechanism throughout
Hungary. The NMA is officially registered with the national court
system and has a growing membership of over 200, including social
workers, sociologists, psychologists, and lawyers.
In establishing the NMA, Partners-Hungary facilitated working groups
with Hungarian mediation associations to design the NMA's structure
and establish goals and objectives for the Association. The NMA
now has a sophisticated, decentralized structure, with several thematic
Committees and regional information centers. Currently, Partners-Hungary
is leading a cooperative planning process with NMA members to develop
national mediation standards and a mediator certification program,
design academic programs, and promote public policy.
A cornerstone of Partners-Hungary’s work with the NMA is
the incorporation of mediating processes into public policies. Thus
far, the NMA has participated in three significant areas of legislation:
- The Ministry of Health requested assistance in drafting a mediation act to resolve medical malpractice issues. NMA members are now listed as official mediators in health care disputes and hold formal consultative status, enabling them to educate new mediators.
- The NMA critiqued a proposal in the national attorney
code that would have favored lawyers as mediators and unduly complicated
the mediation process. This Act has not passed into law.
- The NMA consulted with the Ministry of Justice on the
proposed general law T/5128, which provides for the inclusion of
mediation in any dispute regulated by the civil code. Although the
NMA supported the legislation, it called attention to problems with
the implementation plan that would have centralized control over
mediation standards and training within the national government.
Instead, the NMA suggested that mediation be kept decentralized;
that the neutrality of mediators and the confidentiality of the
process be protected; that whenever possible actual disputants participate,
rather than their representatives; that external experts be included;
and that mediators maintain discretion over when to end an unsuccessful
or ethically compromised mediation attempt, after which disputants
can resort to the court system. This act is currently under review
by Parliament.
In addition, Partners-Hungary and the NMA continue to promote the
accreditation of mediation as an official profession throughout
Hungary. Obtaining recognition for mediation on the Ministry of
Education’s list of officially recognized professions, the
National Instruction List, is crucial to the legitimization of mediation,
both as a profession and as an official dispute resolution process.
Partners-Hungary and the NMA are also working on creating a Chamber
of Mediators, which would mirror the existing Chamber of Lawyers,
to maintain quality control of the profession through the licensing
of practitioners.
|