Most civil and criminal cases (prior complaint or civil side) can be mediated, including those disputes involving family, commercial, community, labour or consumer-economic operator relations. Law no. 192/2006 on mediation and the organisation of the mediator profession sets out the legal framework of the cases that can be solved by mediation.
The mediator’s fee shall be determined by the mediator, depending on the number of parties and complexity of the case and is negotiated with the parties involved in the dispute.
Lawyers' role in performing the mediation procedure is very important. The lawyer can inform the party he/she assists, regarding the mediation procedure, and may help them to select the mediators, assisting them during the mediation procedures and helping in drafting the agreement resulted from the mediation.
The parties may use the mediation procedure both before and after starting a trial, at the criminal investigation or prosecution bodies in the cases where parties reconciliation is possible by law, both on their own initiative, and at their recommendation.
Where the conflict has been solved by mediation, the courts or the criminal prosecution bodies shall take note of this parties’ will, pronouncing a solution consistent with their desire.
The diversification of the social and economic relations, as well as the increasing complexity of each aspect in daily life lead to the occurrence of some types of conflicts. The resolution of the conflict by the classical method, before the courts, where there shall always be a loser, is no longer a solution in modern society.
In this context, should the negotiation fail, mediation, as an alternative method to settle conflicts, provides both parties with the possibility to win, according to the personal needs and interests.
1. Setting the date and time when the mediation session occurs is agreed by the parties depending on their agenda. In court, the hearings are imposed and do not take into account parties schedule.
2. The parties can select the mediator they want, by mutual agreement. This facility is inexistent before the court. Selecting the mediator by the parties increases their confidence in reaching the desired result.
3. Mediation is performed at the mediator’s professional headquarter, in a private location, where the parties’ issues are not known by other people, as mediation is confidential.
4. In a trial, the solution is imposed to the parties by a judge, while there are winners and losers. During the mediation procedure, each party wins.
5. By mediation, existing conflicts are settled and, at the same time, the occurrence of other disagreements is prevented.
6. The mediator does not judge the parties or delivers verdicts. His/Her aim is to facilitate the dialogue between the parties, to generate options in order to find a solution that is unanimously accepted.
7. Mediation means time and money saving. By mediation, the parties keep the control on the solution.
8. By turning to mediation, the parties do not waive classical justice. If they fail to solve their conflict by mediation, they have the possibility to address the court, just like they had before turning to mediation.
No. The participants in these courses have different studies and professions, as follows: accountants, doctors, teachers, housewives, students, etc. It is true that many of those who come to this course are lawyers or attorneys, but the course is based on general concepts of mediation and much of the role playing that is the practical part of this course is inspired from real cases. However, the course is actually addressed to a much wider audience, to all those who regularly deal with conflicts.
According to Law 192/2006, a mediator can be that person who meets the following requirements: that who has full capacity of exercise; has graduated higher education; has a work experience of at least 3 years or graduated a master level postgraduate program in the field, accredited according to the law and approved of by the Mediation Council; is medically able to perform this activity; enjoys a good reputation and has not been convicted definitively for committing any intentional crime, likely to affect the prestige of the profession; has graduated the mediators training courses, under the law, except for the graduates of post-graduate master level programs in the field, accredited according to the law and approved of by the Mediation Council; has been certified as mediator, under the conditions of this law. All people who meet these conditions shall be certified as mediators by the Mediation Council after paying the certification fee.
There is a very large number of disputes that may be solved by mediation. There is an endless number of cases pending before the court, cases that belong to a wide area of conflicts. Students and parents are increasingly more in conflict, employers and employees can solve their disputes by mediation, thus helping in relieving the courts. The number of mediations you will have greatly depends on the active or aggressive promotion you do. If you have experience in a certain field, or if you have relations in a certain field, you can make your quality as mediator known by publishing a brochure addressing that market segment. You can also send e-mails to all insurance companies, lawyers, accountants, schools, hospitals, police departments, etc. and thus the chances to contract mediations shall increase considerably.
Yes, the attendance is mandatory. According to the Standard for Mediation Training approved of by the decision no. 12 of 7 September 2007 of the Mediation Council and published in the Official Gazette no. 713 of 22 October 2007, the attendees must be present during the entire duration of the mediation training programme. In exceptional cases, they may be absent based on the trainer’s approval, but not more than 10% of the total programme. The duration of the training course is 80 hours, so that the attendee can skip a maximum of 8 hours of the total number of hours of the course.
In principle, anyone can do mediation, by complying with the requirements imposed by the law on mediation and organisation of the mediator profession no. 192/2006, the basic requirement being that of being certified by the Mediation Council.
The mediation training course organised by the Mediation Centre of Craiova uses the interactive method as a working method, the students being permanently encouraged to intervene with questions, opinions, suggestions, proposing even new topics for debates, in order to improve the transmitted knowledge and create most constructive discussions.
Personal development, satisfaction of a minimum curiosity, challenge to perform a liberal profession, which is new on the Romanian labour market, supplementation of monthly income, promotion of mediation in Romania.
Association Craiova Mediation Center was recognized as being of public utility by the Government Decision no.103/18.02.2009