Building a compulsory mediation pathway: Bulgaria as a live experiment in dispute system design?

Abstract

Bulgaria has had a statutory mediation framework for over two decades, yet mediation remains underused compared with court adjudication. In the context of judicial reform and caseload reduction, Bulgaria adopted rules in 2023 that introduced mandatory judicial mediation pursuant to which parties to pending court proceedings are required to attend a free-of-charge mediation information session of up to three hours before the first open hearing. The provision was scheduled to come into force on 1 July 2024. On that date, however, the Bulgarian Constitutional Court (Decision No. 11 of 1 July 2024, Constitutional Case No. 11/2024) declared the core provisions of the reform unconstitutional, reviving the question of how far the legislature can require a mediation step without impairing access to justice. In July 2025, Bulgaria adopted a revised model centred on mandatory participation in a mediation information meeting during pending proceedings for specified categories of disputes subject to additional referral by judges.