Legal mediation and innovation in the process of enlargement of the European Union: strengthening consumer rights and access to justice

Abstract

Introduction: Background: In the context of the Republic of Moldova’s European integration, legal mediation and alternative dispute resolution (ADR) play a strategic role in modernizing access to justice and strengthening consumer protection. Objectives: This paper approaches mediation as an instrument of legal innovation to align national mechanisms with European Union standards and values, addressing the tension between party autonomy, consumer protection, and state obligations. Methodology: The research combines a legal-doctrinal analysis of Moldovan legislation and EU instruments (such as Directive 2013/11/EU) with a comparative examination of European ADR models, utilizing secondary comparative literature and proposed public policy indicators. Results: Findings indicate that formal alternative resolution mechanisms are insufficient unless they are accessible, independent, transparent, fast, predictable, and adapted to the digital environment. The study outlines a Moldovan ADR model featuring effective consumer information, procedural digitalization, enhanced entity independence, limitation period suspensions, and collective mechanisms. Conclusions: Mediation should function as a complementary component of effective remedies and European legal culture rather than a marginal alternative to the courts, transforming it into an essential infrastructure for the rule of law.