Mediation - general information

Mediation is a way of solving conflicts, alternative justice, with a specialized third party as a mediator, under conditions of neutrality, impartiality and confidentiality.

Mediation is a public interest activity.

Legal, arbitral and other jurisdictional authorities are obliged by the law 192/2006 to inform the parties on the possibility and advantages of the mediation procedure.

Mediators work within the terms of a professional society, an office run by one or more associates or within non-governmental organizations, in compliance with the conditions stipulated by law.

The mediator or associated mediators can employ translators, jurists or administrative personnel needed for the mediation services.

Mediators can constitute local and national professional associations, aiming at promoting and protecting their professional interests and status or may join international associations in compliance with the conditions stipulated by law.

Mediation is based on the cooperation of the parties and the use, by the mediator, of methods and techniques based on communication and negotiation.

Methods and techniques used by the mediator must exclusively serve the legitimate interests and objectives of the conflicting parties.

Advantages

The advantages of mediation are:

  • Assumes lower costs compared to a court lawsuit;

  • The resolution time of a mediated dispute is lower than a resolution in court;

  • It is a more productive  procedure than court  procedures;

  • Mediation sessions may be scheduled depending on the two parties’ schedule;

  • The results are satisfying for all the parties, as the solution was accepted by them not imposed by a third party (the judge);

  • The mediation process is confidential.

The object of mediation

The object of mediation may consist of:

  • Financial and banking litigation;

  • Civil cases: separation, inheritance, claims etc.;

  • Family: divorce, property division, child custody, etc.;

  • Commercial: summons payment, claims, charges, real estate disputes etc.;

  • Criminal cases: in situations where the complaint is made prior of triggering the criminal prosecution;

  • Consumer protection;

  • Copyright protection;

  • Environment protection;

  • Cases of medical malpractice (professional error committed in the practice of medicine);

  • Labour disputes: discrimination, harassment, labour administration, claims and prejudice etc.

  • Other cases regarding the rights that third parties may have.

 

The procedure

  • Mediation can take place between two or more parties;

  • Parties can freely choose their mediator (only persons holding the status of mediator authorized by the Mediation Council);

  • Information about mediation is free;

  • You can choose mediation before a court trial or after it has started, as a consequence the trial will be suspended until the mediation process is completed (if thanks to this process the conflict transforms into an agreement, the judicial stamp tax can be refunded at the parties’ request);

  • The mediator: - conducts the mediation process, makes the framework of a collaborative negotiation, is neutral and impartial to the parties and the subject covered by mediation, keeps confidentiality,

  • Mediation agreement generates judicial effects,

  • The procedure is put into motion prior to the express request of one of the parties,

  • The mediator addresses an invitation with confirmation of receipt, to the other party(other parts, if appropriate) as provided by law,

  • The mediator will use all necessary steps provided by the law, for inviting parties to mediation,

  • Mediation can take place only after informing the parties by the mediator on this procedure and also after signing the mediation contract,

  • The Parties shall commonly establish the date on which the mediation session will be held (mediation can take place either at the mediator's office or in another location agreed by the parties),

  • During the mediation sessions, the mediator will discuss with the parties together and separately, if applicable,

  • Depending on the complexity of a case, the help of performers, experts or specialists from a particular field may be used,

  • Parties may be assisted or represented by an attorney, lawyer or any person delegated or authorized as provided by the law,

  • The completion of a mediation under a written agreement will be subject to authentication by a public notary or will be submitted to court of law.

Examples

  • Affidavit of Information or Certificate of participation in the information session regarding the mediation;

  • Prior mediation;

  • Mediation between individuals;

  • Mediation between legal entities;

  • Affidavit of Closing the mediation;

  • Closure of mediation.