Rather than going to court, why not solving disputes through Mediation? It is a form of alternative dispute resolution (ADR) where a mediator will assist disputants in reaching an agreement. The Romanian government and justice practitioners are attentive to the advantages of mediation.
The Mediation Council, established by Law 192/2006 on mediation, is responsible for supervising mediation in Romania. It is an autonomous legal entity which acts in the public interest and has its headquarters in Bucharest.
Law 192/2006 provided the legislative framework for the introduction of mediation, within which the mediation profession operates.
The members of the Mediation Council are elected by the mediators and approved by the Ministry of Justice of Romania.
The main responsibilities of the Mediation Council are to adopt decisions in the following areas:
The Mediation Council 's contact details are:
Address: Cuza Vodă Street, 64, sector 4, Bucharest
Telephone: 004 021 315 25 28; 004 021 330 25 60; 004 021 330 25 61
Fax: 004 021 330 25 28
The Mediation Council has established the National Register of Mediator's Professional Associations. This Register lists the non-governmental organisations which promote mediation and represent mediators' professional interests.
Below is a list of professional associations active in mediation services:
In accordance with Article 12 of Law 192/2006, authorised mediators are registered in the "Panel of Mediators" managed by the Mediation Council and published in the Romanian Official Journal, Part I.
The list of authorised mediators contains information on:
Persons interested in resolving their dispute through mediation can contact a mediator within 1 month of the date of publication of the "panel (list) of mediators" on the premises of the courts and on the website of the Ministry of Justice.
The Mediation Council is legally obliged to regularly update – at least once a year – the Panel (List) of mediators, and to communicate updates to the courts, to local government authorities, and to the Ministry of Justice.
Article 2 of Law 192/2006 allows parties to seek mediation in disputes relating to civil or penal matters, family matters and other fields of law subject to the legal provisions. Consumer disputes, and other disputes subject to renounceable rights, can also be resolved using mediation. However, matters relating to personal rights and to non-renounceable rights cannot be the subject of mediation.
Recourses to mediation is voluntary. There is no obligation for parties to look for mediation services, and they may opt out of mediation at any stage. In other words, parties are free to seek other means of dispute resolution at any point: court proceedings, arbitration. Interested parties may contact a mediator before coming to court, and also during court proceedings.
However, various national legal provisions in the field of mediation oblige judges, in certain cases, to inform parties of the possibility of opting for mediation and the advantages of doing so. In other cases, a number of financial incentives are offered to parties who choose mediation or other alternative dispute resolution proceedings.
On 17 February 2007 the Mediation Council approved the Ethical and Deontological Code for mediators. The Code is binding on all mediators included in the Panel of Mediators.
The Mediation Council website is the main source of information about mediation in Romania.
Training on mediation is provided only by the private sector, but the Mediation Council is responsible for authorising training courses providers in order to ensure that all courses offer trainings of the same standards.
A list of training programme providers is also included in the Mediation Council's official website.
Training courses are run on a regular basis. One training programme which counts for mediators' initial training course (80 hours) is currently in place. The programme sets learning objectives, skills to have developed by the end of the programme and the evaluation methods. The 8 providers authorised by the Mediation Council are responsible for developing support material and exercises following the frame set by the national training programme.
Mediation is not free of charge; the level of payment is subject to agreement between a private mediator and the parties.
Currently no legal or financial support to provide mediation services is available from local or national authorities.
Directive 2008/52/EC creates the possibility to request that the content of a written agreement resulting from mediation be made enforceable. Member States shall inform the Commission of the courts or other authorities competent to receive requests.
Romania has not yet communicated this information.
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