Possibility of the Active Use of Mediation in Enforcement Proceedings

This article examines the evolving landscape of enforcement agents, commonly known as bailiffs, and their expanding roles within the legal system. Traditionally associated with serving legal documents, executing judgments and enforcing court orders, bailiffs are increasingly taking on non-traditional roles such as facilitating communication and resolving minor disputes during the enforcement process. The examination of bailiffs as ideal mediators highlights their unique combination of practical experience, communication skills and commitment to justice. The incorporation of mediation into the enforcement process, as suggested by the 2009 CEPEJ (European Commission for the Efficiency of Justice) Guidelines and the Global Code of Enforcement, signifies a notable shift towards more flexible and collaborative approaches. Additionally, the application of mediation in debt recovery, covering negotiating payment plans, resolving disputes, exploring alternative options and overcoming implementation challenges is also discussed in this article. The analysis concludes with a focus on the imperative of online mediation under Article 15 of the Global Code of Digital Enforcement, emphasizing the need for national laws to support secure platforms for judicial officers or enforcement agents to conduct effective online mediations. Altogether, this article underscores the dynamic evolution of enforcement practices and the increasingly important role of mediation in modern legal systems.