Embassy Press Release

Remarks of Ambassador Nicholas F. Taubman at the Opening of the Second Congress of the Union of Mediation Centers from Romania

As prepared for delivery
Bucharest, September 19, 2008

Ambassador Barnett, Mr. Gavrila, honored guests, and ladies and gentlemen.

I am delighted to be with you this morning to help open the Second Congress of the Union of Mediation Centers from Romania.

The American Embassy in Bucharest has had a long and very special relationship with mediators in Romania. In many ways we think of ourselves as the proud godparents of mediation in Romania. It is a role we are honored to play.

It is fair to say that we were there at mediation’s inception here, working with a small group of dedicated Romanians, who had a vision of how this country and its judicial system could benefit from alternative dispute resolution. In 2003, they brought the talent, dedication and drive to a pilot project in Craiova. The Ministry of Justice provided the institutional support and guidance. As partners, the Government of the United States invested over one million dollars in training mediators and developing a cadre of Romanian trainers. With these funds, Romanians and Americans worked together to develop an institution that, while drawing on American experience and talent, is uniquely Romanian. From that small seed rose the Mediation Center in Craiova and from the Center a fully-fledged mediation profession. During these five years, it has grown from a child into young adulthood.

In addition to the courts, government and business, religious and educational institutions have begun using mediation to resolve disputes in their spheres. The trainers of the Craiova Mediation Center have been busy training a broad swath of Romanians in these valuable techniques and in lending their expertise as professionals to resolving disputes outside of the courtroom as well.

Today the Craiova pilot project is complete and, may I say, is a resounding success. Today nearly 800 Romanians are recognized as professional mediators. Today every county in Romania has its own mediation center. Today the Union of Mediation Centers in Romania sets the standards for a profession that didn’t exist in Romania five years ago. Today more than 200 judges have participated in seminars about the potential use of mediation in their courts. As of today almost 1,000 cases have been referred to mediation and, in a whopping 95% of those cases, the parties were satisfied with the outcome of their mediation and would use mediation again. Today mediation comes of age here as Romania hosts this congress of mediators. From this day forward, mediation takes its rightful place as a full partner within the court system in the resolution of disputes. America is honored to have played a key role in this development.

Some may ask why the U.S. Embassy invested American taxpayers’ money in this pilot project. We know, and I know you’ll agree, that an independent, fair judicial system is the cornerstone of any strong and fully-functioning democracy. Since the early 1990s, we have worked with Romania and Romanians in many ways to help achieve this goal.

The United States began its serious commitment to support judicial reform in Romania in 1991 when the National Institute of Magistrates was established. The American Government provided initial support and guidance to that new institution through text book donations and the exchange of legal experts. For example, from 2001-2004, we sent one hundred of the top National Institute of Magistrates graduates to Washington, D.C. for two-week study tours at the International Judicial Academy. During that same period, twenty-five IT experts from courts across Romania gained practical expertise through visits to courts in the U.S. and direct contacts with their American counterparts. In addition, we responded to a request for assistance in the reorganization of the Ministry of Justice by providing the expertise of well-seasoned American court administrators who conducted a month-long needs assessment. Many of the report’s suggestions were subsequently implemented in the re-structuring of the Ministry of Justice. When a court spokesperson became a necessity in the Romanian justice system, we brought professionals to share their practical know-how and expertise, thus preparing courts to better communicate with the media and general public. These are but a few examples of the wide-ranging projects we and our partners have undertaken to support an independent and fair judiciary in Romania.

Mark Twain once wrote that "When the only tool we use is a hammer, every problem starts to look like a nail." We all know there is no single tool or correct path to firmly establish an independent judiciary. The judiciary needs a wide variety of resources to confront the challenges it faces: structural independence, a good legislative framework, adequate administrative support, sufficient budget, continuing education programs, linkages to international counterparts, and so forth.

Courts in Romania and in the U.S., as well in many other countries, have become overwhelmed by the sheer number of cases which appear on the dockets of each judge. Alternative dispute resolution programs like those supported by the Union of Mediation Centers in Romania allow judges to refer appropriate civil and sometimes criminal cases to mediation where the parties can search for a satisfactory non-judicial outcome to their disagreement, therefore, freeing the court’s time for cases which cannot be resolved outside of the courtroom.

Building and supporting an independent and fair judiciary with the capacity to adjudicate cases in a timely manner is critical to creating and maintaining the trust of citizens in the rule of law. “Justice delayed is justice denied” is an old saying but a true one. When cases pile up in the courts, when judges do not have the appropriate time to devote considered deliberation to complicated cases, and when citizens are denied their right to the speedy resolution of their claims, faith in the judicial system deteriorates.

The advent of professional mediation in Romania benefits all the parties and it will play a critical role in helping assure the rule of law in Romania. The United States is honored to have played a role in the advent of mediation here. We are proud godparents, indeed!

I congratulate you on your congress and thank you for your attention.

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