A new draft Law On Mediation
The ministry of Justice in collaboration with the Program “Assistance in fulfilling the APC, WTO and EU-RM action plan in the context of Neighbourhood European Policy”, financed by European Union organised the roundtable “The draft law on mediation”. This activity took place on 12th of December 2006 and had as a goal to discuss the opportunity to merge the law on mediation in civil cases and victim-offender mediation. Both laws mentioned above were adopted in the first reading.
The draft Law On Mediation leads to offer a viable regulation of mediation as an alternative in conflict solving which is a part of measures that guide to growth of the efficiency of the justice act.
The draft law is structured into seven chapters as following:
Chapter I, entitled „General provisions” defines the mediation an alternative modality of disputes solving between parties with the involvement of the third person as a mediator and stipulates the fundamental principles of this procedure.
Chapter II presents the parties rights regarding the mediation process, inclusive the status of the mediator. Thus, the mediation can be lead by certified mediators and those are able to mediate all types of disputes.
Chapter III stipulates the conditions of obtaining the certification of practicing mediation and the form of organization of mediators. Thus, the certified mediators will be organised in individual or associated bureaus and will be registered in the table of certified mediators at the Ministry of Justice.
Chapter IV specifies the establishment of Council of mediation within the Ministry of Justice which will have as a responsibility to organize and coordinate the mediators’ activities. The members of Council will be selected and named by the Ministry of Justice.
Chapter V of the draft law regulates the procedure of mediation in civil, family and other cases. Establish the particularities of the particularities of the mediation of civil disputes which are referred to court or arbitration and the particularities of the mediation in family conflicts.
Chapter VI regulates the mediation of victim and offender establishing the particularities of the mediation in criminal cases, supplementary incompatibilities of the mediator, the mediation’s steps etc.
Chapter VII is entitled „Final provisions” which stipulates that the current law will enter into force in 3 months after its publication.
The passing of the "Law on mediation" will determine some modifications in the Civil Code, Criminal Code and Criminal Procedure Code.
To see the draft Law On Mediation (Romanian version) click here.
