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Profession of a mediator in Moldova

Mediation is a method of peaceful resolution of disputes between parties by concluding a settlement transaction with the help of a third party (mediator).

Concepts

Mediator – a third party certified in accordance with Law 137/2015 on Mediation and ensuring the implementation of the mediation process in order to resolve a dispute between the parties.

Mediation Agreement – an agreement concluded between the mediator, on the one hand, and the parties to the dispute, on the other, by which the mediator undertakes to resolve the dispute through the mediation procedure established by this Law;

Mediation Agreement – an agreement by which the parties undertake to resort to mediation of a dispute that exists or may arise between them in connection with contractual or non-contractual legal relations;

Dispute – a conflict between two or more individuals and/or legal entities that is or may be subject to consideration in court or arbitration;

Mediation – an alternative method of amicable dispute resolution within the framework of a structured, flexible and confidential process with the assistance of one or more mediators;

Mediation organization – a legal entity registered with the State Services Agency that does not pursue the goal of making a profit, ensuring, in accordance with this law, the effective implementation of the mediator's activities, the promotion of mediation services, the establishment of the rules of the mediation process, the establishment of the procedure for calculating the mediator's fee, the provision of premises for meetings during the mediation process, the provision of other services for the purpose of the effective implementation of the mediator's activities;

Party – natural or legal person, including public authority, who expresses its agreement to resolve a dispute through mediation.

Mediator's activities

Mediator's activities may be carried out on a paid or gratuitous basis.

Mediator's activities are compatible with any other profession or activity, unless otherwise provided by legislative acts regulating the relevant professions or activities.

Mediator may carry out his/her activities as part of a mediation bureau or an organization implementing mediation.

Basic principles of mediation

  1. voluntary mediation;
  2. confidentiality;
  3. free choice of mediator;
  4. equality of parties to the process;
  5. independence, neutrality and impartiality of the mediator;
  6. flexibility of the mediation process.

Legal basis of the Republic of Moldova