Moldova is one of the European countries where mediation is regulated by law as an alternative method of dispute resolution. Below is a brief overview of the regulatory framework, professional requirements for mediators, and the infrastructure of organizations that ensure the conduct of the procedure.
Since 2007, the Law on Mediation has been in force in the Republic of Moldova. During this time, a large number of practicing mediators have been trained, and extensive experience has been accumulated in using mediation to resolve various conflicts.
In 2015, the Law on Mediation was amended, and its new provisions marked the beginning of the use of mediation by ordinary citizens of Moldova and the business community. The new Law is a framework law, as it contains the main definitions, the scope of its application, establishes the principles of mediation, defines the status of the mediator, certain rules for conducting mediation, and the legal consequences of mediation, such as the confirmation of an agreement, as well as incentives and the way in which the state encourages the use of mediation.
Separate provisions concerning the possibility of settling a dispute through mediation are contained in the Civil Procedure Code, the Civil Code, the Family Code, the Labour Code, the Law on State Tax Legislation, and several other sectoral laws.
The court informs the parties about the possibility of settling the dispute through mediation and suspends the proceedings for the duration of the mediation. In the event of reconciliation between the parties, the following may be refunded:
Mediation may be used to settle any types of conflicts or disputes, including civil, economic, and administrative cases, as well as cases concerning administrative offences and criminal proceedings for the purpose of reconciling the victim with the suspect or accused.
Mediation may be conducted both before filing a claim with a court, arbitral tribunal, or international commercial arbitration, and during a pre-trial investigation, court or arbitration proceedings, or during the enforcement of a decision of a court, arbitral tribunal, or international commercial arbitration.
Currently, there is no obligation to resolve a dispute through mediation before going to court, although the identification of categories of disputes for the implementation of such a provision is already actively underway.
Since 2022, a group of experts from Moldova, within the framework of a project, has begun research on making the first mediation session mandatory for certain cases based on the Italian model. This research was to be completed by the end of 2023 and submitted to the Ministry of Justice for a final decision on the application of its results.
Mediation is one of the basic social services and, under the provisions of the Law on Mediation, may be provided completely free of charge to individuals or families in difficult life circumstances. Access to mediation is provided through the legal aid system by informing people about this possibility, and it is also carried out in proceedings involving minors suspected of committing criminal offences.
Although legal aid for access to mediation is provided for by the Law on Mediation, until 2023 this system did not operate due to the absence of a clear algorithm for how the state pays fees for mediators’ services, what the rates of these fees are, and due to the need to optimize the submission of documents for the use of this free service by the parties to a dispute. However, starting from 2023, this service is expected to become operational, as the authorities have adopted all the necessary decisions to remove all obstacles.
The provision of mediation services by a mediator is formalized by a mediation contract, which may be concluded in writing.
If the parties reach a mutually acceptable solution, an agreement is concluded on the basis of the results of mediation. Such an agreement and the obligations arising from it are equivalent to a civil-law contract and may be concluded in writing.
If a dispute has been resolved through court mediation but the agreement has not been performed voluntarily, then, for the purpose of enforcement and at the request of an interested party, such an agreement is confirmed by the court in accordance with the conditions of the Civil Procedure Code.
If the court approves the agreement containing the parties’ decision, it must be enforced.
Starting from 2018, a mandatory procedure of judicial mediation in civil cases entered into force in Moldova, under which the judge, after receiving the case in court, assumed the role of mediator in the dispute between the parties and informed them of their rights and obligations.
Although the initial purpose was to reduce the workload of judges and ensure the speedy consideration of cases, over time this alternative method of dispute resolution proved ineffective and did not produce positive results. Moreover, it had negative consequences for civil proceedings and the workload of judges, which led to delays in case consideration and affected the parties’ free access to justice. For this reason, the procedure was abolished in April 2022.
A mediator may be a natural person who has completed basic mediation training in Moldova or abroad. A person may become a mediator if he or she meets all of the following requirements:
A person who has obtained the status of mediator abroad may apply to the Council for recognition of such mediator status in accordance with the Regulation on the Certification of Mediators.
A foreigner or stateless person may become a mediator in Moldova if he or she meets all the above-mentioned requirements.
Basic mediator training is conducted in accordance with a program and lasts at least 80 hours. The basic mediator training program includes theoretical and practical aspects. Upon completion of the training, a certificate is issued together with the curriculum of the program and a list of the competencies acquired.
A mediator may not act as a representative or defender of any party to mediation in a pre-trial investigation, court proceedings, or arbitration proceedings. A mediator may not be questioned as a witness in court.
Mediators who work within a mediation bureau or mediation organization are registered in the State Register of Mediators, which is controlled by the Ministry of Justice. Information from the State Register of Mediators is published on the official website of the Ministry of Justice and the Council in accordance with personal data protection legislation.
In the Republic of Moldova, there is a Mediation Council established by the Ministry of Justice. It is a collegial body with the status of a legal entity under public law, established in accordance with the provisions of the Law on Mediation for the purpose of implementing policies in the field of mediation.
The Council consists of 9 members, including:
For the purpose of exercising its powers, the Council may establish specialized commissions. The competence, formation, and functioning of such commissions are established by regulations approved by the Ministry of Justice upon the proposal of the Council.
The Council performs the following functions:
The Mediation Center is a mediation organization established under the Chamber of Commerce and Industry of the Republic of Moldova and registered with the Ministry of Justice in September 2015.
The official launch of the project took place on January 21, 2016.
The Mediation Center was established with the support of the Centre for Effective Dispute Resolution, CEDR, United Kingdom, which assisted at every stage of its creation.
The Mediation Center is not a legal entity, but it is independent in exercising its powers. It was created and operates in accordance with Law No. 393-XIV of May 13, 1999, “On the Chamber of Commerce and Industry of the Republic of Moldova,” published in the Official Monitor No. 73-77/343 of July 15, 1999; Law No. 137 of July 3, 2015, “On Mediation,” published in the Official Monitor No. 224-233 of August 21, 2015; international treaties to which Moldova is a party; the Charter; and the Regulations of the Mediation Center. Thus, the Mediation Center is the first mediation organization established in accordance with Law on Mediation No. 137 of July 3, 2015.
The Mediation Center uses the platform of 10 subdivisions of the Chamber of Commerce and Industry of the Republic of Moldova to communicate with the business sector throughout the country.
Basic Information about the Organization’s Activities
Mission:
In the coming years, the Mediation Center plans to continue growing, achieve sustainable progress in this field, and further improve professional skills in order to be recognized as a provider of reliable mediation services.
The main task of the Mediation Center is to organize and administer the settlement of disputes through mediation, as provided for by Law No. 137 of July 3, 2015, “On Mediation,” where the parties have concluded a mediation agreement, or where the procedure has been initiated by either party on its own initiative, as well as upon the recommendation of an authority or court.
Our activities:
In 2013, the first phase of the project “Commercial Mediation and Arbitration in the Republic of Moldova” was implemented, funded by the European Bank for Reconstruction and Development, EBRD, through the Legal Transition Programme; the United States Agency for International Development, USAID; the Grand Duchy of Luxembourg; and the Investment Climate and Governance Fund, UK-EBRD.
From the very beginning and up to the present, the implementation of the project has taken place in close cooperation with the Ministry of Justice of the Republic of Moldova, the Superior Council of Magistracy, the Mediation Council, the courts, and the Mediation Center under the Chamber of Commerce and Industry of the Republic of Moldova.
We can confidently say that the project launched in 2013 laid the foundation for the restart of the institution of mediation in the Republic of Moldova.
