INFORMATION ON THE PERFORMANCE OF THE MEDIATION PROCEDURE

       1. Mediation is defined in Law no. 192/2006 on mediation and the profession of mediators and is a way to settle a conflict out of court, helped by a person specialized as the mediator, in conditions of neutrality, impartiality, confidentiality and subject to the free will of the parties.

       The mediation is a procedure that brings together people who accept to talk about their differences, and makes them accept responsibility in communicating and working together in order to find their own solutions to their problems. The most important fact is that the problems will always be solved by the parties together.

       Unless otherwise specified by the law, the parties, either natural or legal persons, can settle their conflicts of any kind through the mediation procedure even after starting a legal action in court.

       The mediation can be started by both parties in the conflict or only by one party.

       If both parties wish mediation and to discuss about an amicable solution, they must choose their mediator and schedule the commencement of the mediation procedure.

       If only one party wishes the mediation of the dispute or of the situation, that party will schedule an info session at a mediator, and will sign the Mediation Commencement Agreement/ Prior Mediation Agreement (if the respective party intends to continue the mediation procedure). Based on this agreement, the mediator is empowered to convene the other party to mediation. This agreement requires the payment of the mediator’s fee. Such convening/invitation to mediation addressed to the other party must contain the elements identifying the conflict, briefly expose the procedure and the advantages/benefits of the mediation, and the effects of a mediation agreement in such case. If the party invited/convened accepts the mediation, the mediation agreement will be signed and the date of the mediation meeting (which usually is the same as the signing date of the agreement) will be set.

2. The contents of the mediation per stages is the following:

– introductory info about the mediation given by the mediator;
– presentation of the conflict as perceived by each party;
– clarification of the diverging issues as a result of the contradicting visions about the conflict;
– presentation of the proposals forwarded by each party to the conflict;
– substantiation of each proposal through the needs and particular and shared interests of the parties in the conflict;
– the proper negotiation of some feasible solutions to the conflict;
– analysis in the negotiation of a satisfactory/profitable solution for each party to the conflict;
– discuss the final solution;
– accept the final solution and discuss the clauses of its implementation;
– draw up the mediation agreement as discussed and analyzed by the mediator with the parties;
– if the case, certify the agreement with lawyer(s).

       As a mediator, I will conduct the mediation in an undiscriminating way, and continuously ensure a balance between the parties, and I assure my clients that I will do my utmost to help them take the decisive steps toward reaching an agreement.

       I am bound to keep confidentiality upon the information entrusted to me in the mediation procedure, and on the documents handed over to me throughout and even after the completion of the mediation.

       As a mediator, I will do not advise or give legal counsels, but only information stricly related to the mediation procedure. The decisions will belong solely to the parties.

3. Role of the mediator:

       – Conducts the mediation process;

       – Facilitates the communication;

       – Assists the parties in the negotiation process;

       – Helps the parties to find their own solutions;

       – Helps the parties to reach an agreement in settling the dispute.

       The purpose of the mediation is to find a solution that would be mutually convenient to the parties, and to obtain it within reasonable short time.

4. In the mediation procedure, the following RULES must be observed:

       – you will speak in turns, without interrupting each other;

       – the time allotted to both party will be equal;

       – the language used will be adequate, constructive and showing mutual respect;

       – if you wish to add anything when the other party speaks, please write down what you wish to say and add it after the other party finishes his/her speech;

       – you can withdraw from the mediation, without the other party or myself having any right to oppose;

       – you need to sign the mediation closing protocol, a document by which the mediator writes down the completion of the mediation procedure by the parties’ free will or without any agreement reached. If the parties reached an agreement, this protocol will be attached to the mediation agreement.

       In case a longer period of time is required in order to settle the dispute, there is the possibility to schedule several mediation meetings, which will be set according to the parties’ availability.

       During the mediation, I reserve the right to take notes that I will eventually destroy at the end of the mediation, in order to observe the confidentiality of the mediation.

       I inform you that, by means of Law no. 154/2019 amending and supplementing Law no. 192/2006 on the mediation and organization of the mediator profession, the judge, prosecutor, notary public, lawyer, official receiver and legal advisor recommends to the parties, respectively to the party that they represent, the amicable settlement of the dispute, respectively of the conflict through the mediation procedure, according to the special law. In the mediation procedure you are entitled to be assisted by a lawyer.

5. Closing of mediation

       – By the conclusion of an understanding, of the agreement between the parties, where the dispute is settled. The understanding between the parties can be total or partial.

       – The mediator formally acknowledges the failure of the mediation.

       – The mediation agreement is terminated.

       The mediation process is followed by the implementation stage, when the implementation system for the settlement of the disputes/litigation is established together with the parties and specified in the mediation agreement.

       6. The mediation agreement is the document resulting after the discussions borne in the mediation between the parties and the mediator. The mediation agreement contains the amicable solution negotiated and agreed between the parties.

       The mediation agreement is an agreement between the parties and produces legal effects as from its date of signing. The mediation agreement , verified and certified by the parties’ lawyers, by the notary public or a lawyer or a notary public chosen by the mediator with the parties’ agreement, or acknowledged in court, shall make a writ of execution.. We facilitate the certification of your mediation agreement by a lawyer in our law office.

7. Advantages of the mediation:

• It is less costly than a court case. The stamp duties, expert verification fees, the costs of the documents and for the evidence produced in the case, the lawyer’s fee, etc. totalize costs that may be quite high in a legal case. Mediation proposes some saving of your financial resources. The mediator’s fee and the fee of the lawyer assisting you in the mediation are the only costs in the mediation procedure. The mediation costs are known as from the very beginning and shall be taken to the parties’ cognizance in a transparent way.
• The time to settle a dispute is much more reduced as compared to the time to settle it in court. The mediation implies discussions with the parties at the dates and time set together with the parties. A mediation process is not subject to fixed terms or rigid procedures. Mediation can even end in one meeting. The mediator can schedule mediation meetings day by day or weekly if several meetings are needed. The flexibility of the program is a reason why mediation is recommended. The rapidity of the procedure as related to the term (sometimes excessive) of the legal process is a reason why mediation should be attempted as a procedure.
• The mediation meeting can be scheduled according to the parties’ agreement even if there is a process pending with the law courts.
• The mediator does not judge the parties or give verdicts.
• Satisfactory results are achieved – the parties are obviously satisfied by a solution mutually accepted by them rather than with a solution to be given by a third party. The solutions are proposed by the parties and analyzed. The mediator may bring some probable solutions in the discussion if he/she considers them recommendable. The parties choose whether some possible solutions would be discussed or not. In the mediation everything is only proposed, nothing is imposed.
• The mediation agreement, verified and certified by the parties’ lawyers, by the notary public or a lawyer or a notary public chosen by the mediator with the parties’ agreement, or acknowledged in court, shall make a writ of execution. This means that if a party does not observe the agreement and does not fulfil its duties freely, the other party can start court enforcement procedures against the first in all the forms specified in the law. The mediation agreement certified by a lawyer is a writ of execution in all cases, except for the agreements concluded in cases of inheritance and real estate disputes. The certification by a lawyer shall take place with the verification of the identity of the signing parties, of the date and contents of the mediation agreement. Certification will be followed by the registration of the mediation agreement, respectively in the internal register of the certifying lawyer. We can facilitate the certification of your mediation agreement by a lawyer in our law office.
• The mediation is confidential. All the mediation procedures occur in a private and confidential space. In certain situations, the payment of the judicial stamp can be reduced (possibly by 50%).
• The commencement of the mediation shall suspend the extinctive prescription period..
• Decrease of the conflict and the parties’ keeping good relations between them. This is also a result of the mediation and an advantage in this procedure. Most times, after the discussions the parties reach a mediation agreement. Even if no agreement is reached, the practice has proven that mediation calms down the spirits, enmities are reduced when the other’s perspective is better explained. The dialogue has a calming effect and helps in the reorganization of the relations between the people involved.
• Multitude of the cases that can be mediated. Civil, family, commercial, criminal, consumer protection cases can be subject to mediation.
• The result of mediation consists in creating a climate of peace, and not necessarily serves justice. In other words, in the mediation such solutions are searched that would bring peace and not the solutions that declare who is right and who is wrong. Looking for an amicable solution is different from looking for one’s guilt. The advantage of mediation is that it places peace on the first place, and justice only on the second. A solution of mediation satisfies all the parties and gives satisfaction to the feeling of peace, not to the desire of making justice.

 8. The mediation agreement

       The parties in conflict can go to the mediator together. If only one party comes, the other party upon the first party’s request will receive a written invitation through the mediator, in order to be informed and accept the mediation, and a term of maximum 15 days will be set. The invitation will be communicated by any means liable to ensure the confirmation that the text was received. The requesting party will provide the mediator with the contact data of the other party.

       If both parties accept the mediation, the mediator and the conflicting parties will sign the mediation agreement making the convention between them after the parties have been informed about the mediation process.

       The mediator can have discussion meetings with all the parties in the conflict at the same time or can have separate discussions. In the mediation of a criminal deed, the rule is that the discussions between the victim and the perpetrator should take place separately, for the two parties not to intersect with each other. By way of exception, with the acceptance of the injured party the mediation of a criminal offense can be carried out in common meetings. According to the complexity of the conflict, one or several meetings can take place, which will be distributed on several days/weeks, according to the parties’ availability.