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. 137/2015 on mediation
Law no. 137/2015 on mediation sets out what mediation is, who may conduct it and on what conditions. Mediation is a procedure in which the parties to a dispute try, with the help of an attested mediator, to reach a solution that both of them accept. The mediator does not judge, does not declare anyone right and does not impose any solution. Taking part is voluntary, the discussions are confidential, and the outcome is recorded in a mediation agreement (acord de mediere) signed by the parties. The text below summarises the provisions that matter to someone who is considering mediation.
What the law governs
Law no. 137/2015 describes the mediation procedure from the first contact to the signing of the agreement. 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) and the effects that the understanding reached by the parties may have.
Mediation can be used in a wide range of disputes: civil, family, commercial and employment matters, and in contravention and criminal cases only in the categories the law allows. The law 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 attested by the Mediation Council of the Republic of Moldova may conduct a mediation. Attestation requires higher education, initial training in mediation and passing the examination organised by the Council. Attested mediators are entered in a public register, 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 or within an associated office of mediators. The mediator is not a lawyer and does not represent you. The mediator gives legal advice to neither party and cannot take anyone's side, whoever approached the office first.
The principles of mediation
Mediation is voluntary. No one can be compelled to conclude an agreement, and either party may withdraw at any moment, without giving reasons and without that refusal being held against them later. 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 neutral and impartial. The mediator does not assess who is right, does not recommend 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.
The informative session
The informative session (ședință de informare) is the meeting at which the mediator explains what mediation is, how it proceeds, how long a session lasts, how the fee is set and what effects an agreement has. The substance of the dispute is not discussed here and you are not asked to take any decision. Its purpose is to let you choose in full knowledge of the facts.
For certain categories of dispute, the law provides that the parties must attend an informative session before the case can go further. What is mandatory is attending the session, never concluding an agreement. On request, the mediator confirms attendance in writing, so that it can be presented to the court.
The mediation contract
Mediation proper begins once the parties and the mediator have signed the mediation contract. The contract is concluded in writing and states clearly the subject of the dispute, the rights and obligations of each person, the duty of confidentiality, the mediator's fee and how it is borne by the parties.
The contract is concluded only if all the parties agree to take part. It may end at any moment, through the withdrawal of one of the parties or through the mediator standing down on finding that impartiality can no longer be maintained. If the dispute is already before the court, the court may suspend examination of the case for the duration of the mediation.
The mediation agreement and enforceable force
The result of a successful mediation is the mediation agreement: a written document, signed by the parties, setting out the understandings they have reached, who does what and by when. The agreement may settle the dispute in full or only in part, and the questions left open may be left to the court.
The mediation agreement does not automatically become an enforceable title. It can acquire enforceable force under the conditions set by law: if the dispute was already before the court, through the decision by which the court confirms the parties' understanding, and outside court proceedings, through authentication of the agreement by a notary. 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 mediator is chosen by common agreement of the parties. If you have reason to believe that the mediator cannot remain impartial, you may ask for a replacement, and the mediator is bound to stand down where such a reason exists.
- You decide in full knowledge
Before signing any document, you have the right to know how the mediation is conducted, how long a session lasts, how the fee is calculated and what effects the agreement has. 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. 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.
The first step
Let us talk about your situation
Book a first conversation. In a few minutes you will know whether mediation suits your case, with no obligation to continue.