Legal framework
Mediation in the Republic of Moldova, explained plainly
Mediation is governed by law. On this page you will find, in plain words, what the law says about how a mediation is conducted, what you may ask for and what you can expect.
Law no. 9 of 12 February 2026 on mediation and the status of the mediator
Law no. 9 of 12 February 2026 on mediation and the status of the mediator was published in the Official Gazette (Monitorul Oficial) no. 112–115 of 12 March 2026 and has been in force since 12 September 2026, the date on which it repealed Law no. 137/2015 on mediation. It transposes Directive 2008/52/EC and governs both the mediation procedure and the status of the profession. Below are the points that matter to a party in a dispute; a few rules apply from a later date, which is given where that is the case.
- The licence has replaced the attestation
A mediator's standing is confirmed by a licence (licență) issued by the Ministry of Justice for an unlimited term. Attestations (atestat) issued up to 12 September 2026 are equivalent to licences, so attested mediators keep the right to practise.
- The Union of Mediators takes the Council's place
The Mediation Council gives way to the Union of Mediators (Uniunea Mediatorilor), and the State Register of Mediators (Registrul de stat al mediatorilor) is kept by the Ministry of Justice. Members of the Mediation Council keep their terms of office until the Council of the Union of Mediators is constituted.
- A mediation session before going to court
For certain disputes, the parties must hold at least one mediation session (ședință de mediere) before going to court. It is not a meeting for information only, but a mediation session proper; in civil and family disputes the mediator is paid one tenth of the national monthly minimum wage for it. The rule does not apply yet: it takes effect on 12 March 2027 for family and employment disputes, and on 12 March 2028 for civil ones, apart from insolvency disputes.
- What stays outside mediation
The law does not apply to tax, customs and administrative disputes, nor to the liability of the state for the acts of public authorities. Disputes concerning violence in the family cannot be settled through mediation, and the dissolution of a marriage is taken out of the category of family disputes that require a mediation session before court.
- The final document is a mediation settlement
The document signed at the end is called a mediation settlement (tranzacție de mediere): it binds the parties and is carried out voluntarily within 20 days of signing, unless the parties have agreed otherwise. It can be given the endorsement that makes it directly enforceable (învestirea cu formulă executorie) by a notary chosen by consensus, but only if each party was represented by a lawyer in the mediation and if the document is signed by the mediator, by each party and by each party's lawyer. In every other case, the settlement still has to be confirmed by the court.
- Mediation suspends limitation periods
Starting a mediation suspends limitation periods (termene de prescripție) for as long as the mediation lasts, so that the parties do not lose the right to go to court while they are looking for an amicable solution.
- The state fee is reduced
The parties are exempt from the state fee (taxa de stat) for confirming the mediation settlement or having it endorsed as enforceable. If mediation was attempted without result, the state fee is reduced by 25% when the claim is filed with the court, and if the dispute ends through mediation after the case has reached the court, the fee is refunded in full at first instance, at 75% on appeal and at 50% in cassation (recurs).
- The form of practice is registered
Mediators practise within an individual mediator's office, an associated office of mediators or a mediation organisation. The office is entered in the State Register of Mediators, and exercising the profession without a registered form of organisation is prohibited.
What the law governs
Law no. 9/2026 describes the mediation process from the first contact to the signing of the mediation settlement. It sets out the principles the mediator is bound to respect, the rights of the parties, the form of the mediation contract (contract de mediere), the effects of the understanding the parties reach, and the conditions on which someone becomes and remains a mediator.
Mediation can be used in a wide range of disputes: civil matters, including disputes between companies, family and employment matters, and in contravention and criminal cases only where the law provides for it. The law does not apply to tax, customs and administrative disputes. It obliges no one to settle. It opens an alternative route to the court, one that the parties choose for themselves.
Who may act as mediator
Only a mediator holding a licence to practise as a mediator, issued by the Ministry of Justice, may conduct a mediation. The licence requires higher education, an initial training course, passing the qualifying examination and an unblemished reputation. Mediator attestations issued up to 12 September 2026 are equivalent to the licence. Mediators are entered in the State Register of Mediators, kept by the Ministry of Justice, so anyone can check whether the person offering them mediation services is entitled to do so.
The mediator works within an individual mediator's office, an associated office of mediators or a mediation organisation. The mediator does not represent you and gives legal advice to neither party. The mediator cannot take anyone's side, whoever approached the office first, and after the mediation may not represent either party in court in the same dispute.
The principles of mediation
Mediation is voluntary. No one can be compelled to conclude a settlement, and either party may give up the mediation at any moment, without giving reasons. Even where the law requires a mediation session before going to court, only attending it is mandatory. The parties are equal in the procedure: each has the same time to speak, the same information and the same opportunity to make proposals.
The mediator is independent, neutral and impartial. The mediator does not assess who is right, does not impose a solution and has no interest in the outcome. Mediation is confidential: what is discussed stays between those taking part, and the mediator cannot be heard as a witness about the facts learnt during the mediation, except in the narrow cases the law expressly provides for.
The mediation session before going to court
Law no. 9/2026 requires that, for certain disputes, the parties hold at least one mediation session before going to court. The rule applies from 12 March 2027 to family and employment disputes and from 12 March 2028 to civil ones, apart from insolvency disputes. It is a mediation session proper, not a meeting for information only, and a claim filed without proof of it may be returned. What is mandatory is attending the session, never concluding a settlement.
Before the mediation contract is signed, the mediator is bound to explain to you the purpose of mediation, the procedure, the rights and obligations of each person and the effects of a mediation settlement. The office does this at a first meeting, which it calls an informative session (ședință de informare). It is the office's own practice, not a step the law requires.
The mediation contract
Mediation begins on the date the parties and the mediator sign the mediation contract. The contract is concluded in writing, meets the minimum requirements set by the Union of Mediators and states the subject of the dispute, the rights and obligations of each person, the duty of confidentiality and the mediator's fee, which is agreed with the parties.
Mediation takes place within no more than three months of the contract being signed, and the parties may extend that term by common agreement. It ends if a party gives it up, if the mediator finds that a settlement is not possible, or if the mediator must stand down because impartiality can no longer be maintained. If the dispute is already before the court, starting a mediation is a ground for suspending the court proceedings.
The mediation settlement and enforceable force
The result of a successful mediation is the mediation settlement (tranzacție de mediere): a written agreement of the parties, countersigned by the mediator, setting out the understandings they have reached, who does what and by when. The settlement binds the parties and is carried out voluntarily within 20 days of signing, unless they have agreed otherwise. It may settle the dispute in full or only in part, and the questions left open may be left to the court.
The mediation settlement does not automatically become an enforceable title. A notary chosen by the parties can endorse it as enforceable, but only if each party was represented by a lawyer in the mediation and the document is signed by the mediator, by each party and by each party's lawyer; this route does not apply to settlements concerning ownership of immovable property. In every other case, a settlement that is not carried out voluntarily can be confirmed by the court for enforcement. The mediator explains to you in good time which step is needed in your situation.
Your rights in mediation
As a party to a mediation, the law grants you a number of rights that the mediator is bound to respect, from the first conversation to the signing of the agreement.
- You choose the mediator
The parties choose the mediator by common agreement, from among those entered in the State Register of Mediators. You may give up the chosen mediator at any stage, and the mediator is bound to stand down if a circumstance arises that could affect their neutrality or impartiality.
- You decide in full knowledge
Before the mediation contract is signed, the mediator is bound to explain to you the purpose and procedure of mediation, the rights and obligations of the parties and the effects of a mediation settlement. You may ask questions at any point in the procedure.
- You may withdraw at any time
You may give up the mediation at any moment, without giving reasons for your decision. Withdrawing does not close off your access to the court and cannot be used against you as an admission of any claim.
- You are covered by confidentiality
What you say in a session stays in the session. The mediator keeps confidentiality and cannot be heard as a witness about the facts learnt during the mediation, except in the narrow cases the law provides for. Documents drawn up for the mediation enjoy the same protection.
- You may bring assistance
You may take part accompanied by a lawyer, an interpreter or another specialist whose opinion is useful to you. The mediator does not replace these specialists and does not give you legal advice in their place.
- You decide the content of the agreement
The solution is yours. No one can oblige you to accept a proposal, and if the agreement does not suit you, you may refuse to sign it. The mediator only checks that the understanding is clear and does not run counter to the law.
This page does not take the place of legal advice
The summary above explains the law in plain words and does not reproduce its full text. For your own concrete situation, the law itself remains the point of reference, and if you need a legal opinion, consult a lawyer. The mediator does not represent either party and does not provide legal assistance. This page describes Law no. 9/2026, in force since 12 September 2026; rules that apply from a later date are marked in the text.
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