Question 1

What is mediation?

Accepted Answer

Mediation is a procedure in which the parties to a dispute look for a solution together, with the help of an attested mediator. The mediator is neutral and impartial: they do not judge, do not take anyone's side and do not impose a solution. In the Republic of Moldova the procedure is governed by Law no. 137/2015 on mediation.

Question 2

Is mediation mandatory?

Accepted Answer

Mediation is voluntary: no one can be compelled to sign an agreement. For certain categories of dispute, the law requires prior attendance at an informative session (ședință de informare) about mediation, a meeting at which the procedure is explained to you. Attending may be mandatory, but continuing with mediation and signing an agreement always remain your choice.

Question 3

How much does mediation cost?

Accepted Answer

The fee is set according to the type of dispute, how complex it is and how many sessions are needed, and both the amount and the way it is paid are written into the mediation contract (contract de mediere). You are told the cost before you sign anything, so that you can decide in full knowledge. Compared with a case running through several courts, the expenses are usually lower and more predictable.

Question 4

Who pays for mediation?

Accepted Answer

As a rule the costs are shared in equal parts between the parties to the dispute, but they may agree otherwise, for example that one of them covers the whole amount. How the costs are divided is decided together and recorded in the mediation contract, before the working sessions begin.

Question 5

How long does a mediation take?

Accepted Answer

The length depends on how complex the dispute is and on how ready the parties are to talk. Many cases close in one to three sessions of 60 to 90 minutes, scheduled over a few weeks. No exact term can be promised to anyone, but after the first session you will know what pace is realistic in your situation.

Question 6

Is mediation confidential?

Accepted Answer

Yes. Everything discussed in mediation is confidential, and the mediator cannot be heard as a witness about facts learned in that capacity. The parties and the other people present take on the same duty through the mediation contract. The information may be used outside the procedure only with the consent of the parties or in the cases expressly provided by law.

Question 7

Is the mediation agreement binding?

Accepted Answer

The mediation agreement (acord de mediere) is concluded in writing and signed by the parties, who thereby bind themselves to what they have agreed. It can acquire enforceable force under the conditions set by law: for a dispute already before the court, the agreement is confirmed by the court's decision; outside proceedings, it can be authenticated by a notary. It does not automatically become an enforceable title.

Question 8

Do I need a lawyer for mediation?

Accepted Answer

You are not required to bring a lawyer, but you have the right to be assisted by one at any point in the procedure. The mediator is not a lawyer: they do not represent you, do not give you legal advice and cannot defend the interests of one of the parties. In disputes where a lot of money is at stake it is useful to consult a lawyer before signing the agreement.

Question 9

What happens if we do not reach an understanding?

Accepted Answer

The procedure closes with no negative consequences for you, and your right to go to the court remains untouched. What was discussed in the sessions stays confidential. It often happens that the parties agree on only part of the dispute; the partial understanding is recorded in writing and the rest is settled by another route.

Question 10

Can I withdraw from mediation?

Accepted Answer

Yes, at any moment and without giving reasons. Mediation is voluntary from the first session to the last, and withdrawing carries no penalty and cannot be held against you. If you withdraw, the dispute stays where it was and you can carry on through the court.

Question 11

How does a mediator differ from a judge?

Accepted Answer

A judge examines the evidence and delivers a decision that binds the parties. The mediator does not judge and imposes nothing: the mediator is neutral and impartial, guides the discussion and helps the parties find on their own a solution that both of them accept. The mediator cannot be heard as a witness about facts learned during the mediation.

Question 12

What kinds of dispute can be mediated?

Accepted Answer

Most often mediation is used in family, civil, commercial and employment disputes: divorce, division of property, custody and contact arrangements, contracts, debts, inheritance, disagreements between neighbours, conflicts at work. In criminal matters mediation is possible only for the categories the law allows, where reconciliation of the parties removes criminal liability or mitigates it.

Question 13

Can mediation be conducted online?

Accepted Answer

Yes, sessions can be held by video conference if both parties agree, which helps above all when one party is abroad or in another town. Confidentiality is respected exactly as it is at the office. Signing the contract and the agreement is arranged separately, in line with the legal requirements on written form.

Question 14

How do I start a mediation?

Accepted Answer

Call us or fill in the contact form and describe your situation briefly. A short first conversation follows, in which we see whether mediation suits the case, and then we arrange the informative session. At your request, the other party can be invited to the same session, and the procedure begins only once both parties have signed the mediation contract.

Clear answers about mediation

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