The first Law on mediation in Moldova was adopted in 2007, but this law was not highly developed, and in 2015 a new law came into force. As for today, a professional community of mediators has been formed in Moldova (the list of mediators includes more than 60 mediators). A mediation practice began to develop.
ABOUT MEDIATION IN MOLDOVA
The main legal act regulating the issues of mediation in Moldova is the law on mediation. In addition to the law, acts of the Government and the Ministry of Justice of Moldova are also in force.
Peculiarities of Mediation in Moldova
In Moldova, the principles of facilitative mediation are taken as a basis. The mediator may advise or offer possible options to the disputing parties to resolve their dispute only at the request of such parties.
The state supports the mediation. Some privileges have been introduced to bring disputing parties into mediation:
In court, it is possible to return the state duty in the amount of 100% if the dispute was considered by the court of first instance, but the parties resolved it by the virtue of mediation, 75% in the appeal and 50% in cassation instance.
Prior to a court – if the parties started mediation procedure before going to the court, but could not reach amicable agreement, then, in case of applying to the court, they can pay a state fee, reducing it by 25%.
In some cases, the remuneration of a mediator can be paid by the state.
Sphere of Application
Mediation in Moldova is applicable to consumer rights disputes, civil, family, labor disputes, as well as criminal and administrative cases.
The agreement that the parties reach by the virtue of mediation is called an amicable settlement, regardless of whether it was concluded in a court dispute or out of court. This agreement can be enforced compulsorily by applying to the court for its approval and execution, or by applying to the notary for the executive inscription.
Status of a Mediator
To obtain the status of a mediator, a Moldovan citizen or a citizen of a foreign country needs to have a perfect reputation, have a higher education and take a mediator’s training courses under the program of the Ministry of Justice. In addition to the above requirements, a candidate for obtaining of the status of a mediator must pass a certification examination at the Ministry of Justice.
The mediator has the status of an independent and neutral person, and the mediator also has witness immunity in relation to the information he or she received during the mediation procedure.