The legal framework of Romania regarding the profession and activities of mediators was created in 2006, a few months before the country joined the European Union on January 1, 2007. Thus, Law No. 192/2006 on mediation and the organization of the mediator profession was published in the Official Gazette of Romania on May 22, 2006. This law clarified the place of mediation within the spectrum of various conflict resolution processes, the mediator accreditation system, the role and duties of mediators, ways of accessing mediation services, and specific provisions concerning certain types of disputes.
Romanian mediation law defines, among other things, certain duties of mediators:
- to provide the parties with all necessary explanations regarding mediation so that they clearly understand the purpose, limits, and effects of the mediation process;
- to ensure that mediation is conducted with full respect for the freedom, dignity, and private life of the parties;
- to conduct mediation impartially while maintaining a constant balance between the parties;
- and to withdraw from a case if any circumstances are known that could prevent the mediator’s impartiality and neutrality.
The mediator is obliged to maintain confidentiality regarding information obtained during the mediation process, comply with deontological standards, respond to requests from judicial authorities, and continuously improve their knowledge and skills by attending professional development courses or ongoing mediation training conducted in accordance with the conditions and requirements established by the Mediation Council.
In order to encourage dispute resolution through mediation, Law No. 192/2006 on mediation and the organization of the mediator profession had been amended more than 15 times by 2020; however, it still does not contain provisions on cross-border mediation. Therefore, all provisions concerning this matter apply both to domestic and cross-border mediation.
The provisions of the Mediation Law are implemented by the Romanian Mediation Council, which was established under this law as an autonomous public-law legal entity headquartered in Bucharest, with the purpose of organizing the functioning of mediation. The Council is not a professional association of mediators. It has 9 members, who are mediators elected by accredited mediators for a term of 4 years.
The professional body of Romanian mediators includes 10,605 mediators accredited by the Romanian Mediation Council. Among them, as of July 21, 2022, 4,403 were actively practicing mediators, according to information from the website of the Romanian Mediation Council .
The mediation system in Romania is based on private mediation services provided by independent mediators or mediation organizations. However, in this context, a case may be referred to a mediator by a court or public institutions, which must inform the parties about the possibility and advantages of using mediation and advise them to resort to this method of resolving the conflict between them.
Although the original version of the Law provided for voluntary mediation and certain incentives to promote its use, the legal framework was later amended in order to encourage parties to use mediation in certain types of disputes. Since July 2013, under amendments to Romanian mediation legislation introduced by Law No. 115/2012, a claimant was required to provide evidence that, before filing a case in court, he or she had attended an information session with a mediator and had been informed about the advantages of mediation. This requirement applied to cases in certain areas of law, such as family, commercial, civil, and, in some cases, criminal matters. Proof of attendance at such a session had to take the form of a certificate issued by the mediator who conducted the relevant information session. Under the Law, mediators were not allowed to charge fees for their professional activity related to providing information sessions. In addition, a new legislative act, Government Emergency Ordinance No. 90/2012, which entered into force in August 2013, introduced a sanction declaring a case inadmissible if the claimant did not participate in an information session on the advantages of mediation. Following a petition submitted to the Constitutional Court of Romania, Decision No. 266 was adopted on May 7, 2014, according to which the claimant’s obligation to attend an information session on the advantages of mediation and the sanction of inadmissibility of the case were declared unconstitutional.
A mediation agreement has legal force in Romania if it is signed by lawyers representing the parties. The provisions of this regulation cover a number of areas: a mediation agreement has legal force if it is signed by the parties’ lawyers, by a notary, or by a lawyer or notary chosen by the mediator; judicial approval of a mediation agreement is made without reference to the parties and is clearly set out; court fees are refunded for mediation that is the subject of court proceedings if the mediation agreement is submitted to the court; the commencement of mediation suspends the limitation period; and, at the request of the mediator or any of the parties in family disputes, a psychosocial assessment may be initiated within the mediation process.
§ 02
Requirements for a mediator
Only persons who have acquired the status of authorized mediator in accordance with the national accreditation scheme and the provisions of Romanian Mediation Law No. 192/2006, Article 7, may practice the profession of mediator in Romania. Thus, a person may become a mediator if they meet the following requirements:
- has full capacity to practice;
- he or she must have higher education;
- has at least three years of work experience;
- is medically fit to perform this work;
- has a good reputation and has not been convicted of an intentional offense that could affect the reputation of the mediator profession;
- has completed mediator training courses or an appropriate postgraduate master’s degree program accredited in accordance with the law and approved by the Mediation Council;
- and has been authorized as a mediator under the conditions established by the Mediation Law.
Romanian mediators are required to complete 20 hours of continuing professional development each year. Although the Mediation Council is an institution independent of the Ministry of Justice, it has an established mediator accreditation system. Therefore, Romanian mediators must be members of a professional association of mediators and inform the Mediation Council of this.
The mediator profession is regulated by mediators themselves. Thus, every 4 years, authorized mediators elect 9 mediators to the Romanian Mediation Council. These mediators are responsible for implementing mediation policy in Romania. The Mediation Council was established in 2006 in accordance with the Romanian Mediation Law, www.cmediere.ro. Among other duties, the Mediation Council is responsible for maintaining the National Panel of Authorized Mediators. Information about the Panel can be obtained through the following link.
“As stated in Article 8 of the Romanian Mediation Law, this law regulates all conditions for foreign mediators who are interested in permanent or occasional work in Romania. According to it, citizens of EU Member States, the European Economic Area, or Switzerland who hold a document confirming their legal capacity and qualification as a mediator, obtained in any of the aforementioned countries, must, in accordance with the right of residence, have access to practicing mediation in Romania after such qualification documents are submitted to the Mediation Council. Mediator qualification documents obtained by the above-mentioned citizens in any country other than Romania, EU Member States, the European Economic Area, or Switzerland must be submitted to the Mediation Council. If the knowledge and skills do not correspond to the qualification requirements established by Romanian law, the Mediation Council is obliged to assess the applicant’s professional experience and ask them to demonstrate all relevant professional skills. A third-country national who has completed mediation training abroad or obtained mediation education abroad and seeks to provide mediation services on a permanent basis in Romania shall receive access to the mediator profession provided that he or she submits educational documents accompanied by a confirmation certificate issued by the Romanian Ministry of Education and Research, and provides the content of the completed training program, including information on the duration of the training and, depending on the circumstances, documents confirming the acquisition of the mediator specialization.
The Mediation Council assesses the submitted content of the training program, including information on the duration of the training, compares the knowledge and skills certified by such documents with Romanian standards — 80 hours and specific requirements for the training program — and decides, depending on the circumstances, whether to grant access to mediation practice. In addition, a foreign mediator may occasionally carry out mediation in Romania in the form of service provision based on a document confirming that he or she legally practices mediation in the country of origin, thereby being exempt from authorization and from compliance with the list of requirements established by law; nevertheless, in such a case, the person concerned is obliged to notify the Mediation Council in writing about carrying out this activity in Romania.”
