Child-friendly, effective, cheap and scarcely used – The Ombudsman on mediation in conflict management

2968/2012

Child-friendly, effective, cheap and scarcely used – The Ombudsman on mediation in conflict management

Mediation and alternative dispute settlement are, without any doubt, useful, effective, cost‑effective and child-friendly methods in both child protection and criminal justice. A mediation model meeting the expectations of children's rights has been working well in Western Europe. This method is scarcely used in Hungary since its application is hindered by the absence of training of childcare specialists, insufficient knowledge and legal problems, stated Ombudsman Máté Szabó.

Mediation means that in a dispute between opposing parties with differing views a mutually accepted, unbiased third party helps to explore the cause of the conflict and find a possible solution that is acceptable to all. This third party does not make any decision, only facilitates the settlement. There are mediation methods, e.g. mediation between perpetrator and victim, or other means of restorative justice, where the essence of the process lies in reconciliation, any form of compensation for the damages caused, indemnification. Having reviewed the domestic application of mediation, the Commissioner for Fundamental Rights established that this method, although it could be well utilized in child protection, especially in visitation cases, is hardly used in Hungary, and the child protection agencies are not aware of any other alternative dispute settlement methods.

The Commissioner pointed out that among the 350 members on the National Register of Child Protection Specialists there are only 29 qualified mediators, although procedures focusing on the paramount interest of the child would require officials to be aware of and, what's more, apply alternative conflict management methods belonging to the realms of a child‑centered justice system. The Commissioner for Fundamental Rights suggested that certain elements of training mediators should be included in the under‑ and postgraduate curricula of all child‑related university‑level vocational courses. The Ombudsman requested the President of the National Office for the Judiciary to draw up the methodological guidelines necessary for training lawyers and judges. The Commissioner for Fundamental Rights also established that, although mediation procedure is dealt with by the law, there is no implementing regulation guiding its application in child protection.

With regards to detention centers and prisons, it can be pointed out that, in the absence of an adequate legal background, conflict management through mediation between detainees or perpetrators and victims is still impossible in Hungary, even though there are several positive examples in Europe confirming the efficiency of the use of alternative techniques.

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