https://doi.org/10.21697/im.2025.36.2.12
The article addresses the issue of mediation in the canonical process of declaring the nullity of marriage, analyzing the possibility and appropriateness of applying reconciliatory measures within the framework of canon law. The author compares the secular institution of mediation – rooted in Polish civil law and oriented toward compromise – with the Church’s pastoral practice, whose aim is not so much the resolution of a dispute as the discernment of truth and, where possible, the restoration of marital communion. Four key dimensions of so-called „canonical mediation” are analyzed: its nature, scope of application, expected outcomes, and the role of the mediator. The article argues that while canonical mediation does not correspond to the technical-legal model of civil mediation, it is a legitimate and meaningful expression of the Church’s pastoral mission toward couples in crisis. The reform of the canonical marriage process (Mitis Iudex Dominus Iesus) did not eliminate such pastoral efforts but invites a deeper understanding and broader implementation of reconciliatory practices. The article concludes with proposals for strengthening the role of mediation in ecclesiastical practice-through the development of diocesan family counselling services, training for clergy and judges in reconciliatory communication, and consideration of canonical mediation as a recommended (or even obligatory) preliminary phase before initiating formal judicial proceedings. Canonical mediation emerges not as a technical tool, but as an expression of the Church’s merciful care-one that seeks to heal, accompany, and uphold the truth of the Gospel in the midst of human fragility.
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