LAW OF THE REPUBLIC OF MOLDOVA

of June 14, 2007 No. 134-XVI

About mediation

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose of this law

This law determines the principles of mediation, the status of mediator (intermediary), the procedure of carrying out mediation according to the legislation.

Article 2. Concept of mediation

(1) Mediation is alternative method of the conflict resolution between the parties under the mutual agreement with the help of the third party.

(2) Mediation is based on trust of the parties to mediator as person promoting the simplification of negotiations between them and giving them help in the conflict resolution by finding of the mutually acceptable, effective and strong solution.

(3) the Parties can resort to mediation voluntarily, including after initiation of process in degree of jurisdiction or arbitration, at any its stage, having agreed about permission in such way of any dispute in the field of civil, trade, family, administrative, criminal and other areas of the right according to this law.

(4) the Parties can provide mediation condition in any agreement. Action of condition of mediation does not depend on operation of the agreement.

(5) Organa, including judicial, the parties inform on opportunity and benefits of use of the procedure of mediation and recommend to resort to it for the purpose of the conflict resolution.

Article 3. Basic principles of mediation

Mediation is performed on the basis of the principles of open and equal entry to this procedure, the voluntary consent, confidentiality, impartiality, neutrality, independence and the free choice of mediator.

Chapter II. Rights, obligations and responsibility of participants of process of mediation

Article 4. Participants of process of mediation

(1) Participants of process of mediation are the parties and mediator. Both physical, and legal entities, including bodies of the public power can be the parties in the course of mediation.

(2) Mediation can take place between two and more parties and to be performed by one or several mediators.

(3) the Parties participate in mediation process personally or through the representative according to the legislation.

(4) during mediation of the party by agreement can use the help of the lawyer, translator and other persons if the legislation does not provide other.

Article 5. The rights and responsibility of the parties when implementing mediation

(1) the Parties have the right:

a) agree to mediation or refuse it;

b) demand mediator or refuse it;

c) to freely choose to themselves mediator from among persons whom they consider capable to perform mediation even if those are not included in the List of mediators;

d) obtain information on mediation process, its effects, and also on agreement signature effects on conciliation;

e) obtain information on effects of non-compliance with the conciliation agreement;

f) leave at any time mediation process;

g) sign the conciliation agreement.

(2) the Parties bear responsibility for results of mediation and contents of the signed conciliation agreement.

(3) the Parties have also other rights and obligations, stipulated by the legislation.

Article 6. Status of mediator

(1) the Mediator is the face helping the parties in the course of mediation for the purpose of the conflict resolution between them.

(2) If as mediator the lawyer gets out, he has no right to give afterwards help or to represent the interests of mediation, any of the parties of process, in connection with the same conflict.

Article 7. Mediator rights

(1) the Mediator has the right:

a) on payment of the fee established by negotiations with the parties depending on the nature and subject of the conflict to it, and also on expense recovery, connected with mediation implementation;

b) inform the public on implementation of the activities with respect for the principle of confidentiality;

c) apply own rules of the organization of the procedure of mediation with observance of the provisions provided in this law.

(2) the Mediator has also other rights, stipulated by the legislation or the agreement on mediation.

Article 8. Mediator obligations

(1) the Mediator shall:

a) provide respect for the principles of mediation;

b) abstain from implementation of mediation in the cases of incompatibility provided in Article 34, or in other cases established by the legislation;

c) inform the parties on process of mediation, its purpose and effects;

d) manage mediation process, keeping neutrality and impartiality;

e) make all efforts that the parties came to the mutually acceptable agreement in reasonable time;

f) in case of mediation completion by agreement signature about conciliation to make all efforts for non-admission of content in it of the provisions contradicting the law or moral standards;

g) return documents which were entrusted to it by the parties within the procedure of mediation;

h) not allow making of the acts causing damage of honor, professional faultlessness or respectability;

i) respect the rules of professional ethics.

(2) the Mediator has also other obligations, stipulated by the legislation.

(3) the Mediator bears the civil responsibility established by the legislation for damnification owing to violation of the obligations.

Article 9. Conflict of interest

(1) the Mediator shall refrain from participation in the conflict resolution if there are certain circumstances interfering manifestation from its party of neutrality and impartiality.

(2) If during mediation there is circumstance able to affect its purpose, neutrality or impartiality of mediator, that shall bring it to the attention of the parties which by agreement make the decision to use services of mediator or to refuse them.

(3) If the mediator is forced to refuse mediation implementation in accordance with the circumstances, the interfering its neutralities and impartiality, it shall return the sums of money paid to it by the parties.

Article 10. Prohibition of hearing of mediator

(1) information Obtained during mediation is confidential and the parties cannot be used without written consent.

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