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LAW OF THE REPUBLIC OF MOLDOVA

of July 3, 2015 No. 137

About mediation

(as amended on 08-11-2018)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Sphere of regulation

This law determines the status of mediator, organizational forms of activities of mediator and the requirement to registration of the organizations performing mediation, the principles of implementation and effect of mediation, feature of mediation in specific areas and also establishes powers of state bodies and organizations in the field of mediation.

Article 2. Concepts

For the purposes of this law the following concepts are determined:

the agreement on mediation – the agreement signed between mediator, on the one hand, and the parties of dispute – about another which the mediator shall resolve dispute by means of the procedure of mediation established by this law;

the agreement on mediation of Yo-the agreement which the parties shall resort to mediation of the dispute existing or able to arise between them in connection with contractual or non-contractual legal relationship;

the service provider on professional training – the legal entity accredited by Council for mediation, organizing rates of basic and/or continuous training of mediators according to the standards of training in the field approved by Council for mediation;

dispute – the conflict between two or more physical persons and/or legal entity which is or can become subject to consideration in degree of jurisdiction or arbitration;

mediator – the third party certified according to this law and providing implementation of process of mediation for the purpose of the dispute resolution between the parties;

mediation – alternative method of the friendly dispute resolution within the structured, flexible and confidential process with assistance of one or several mediators;

the organization performing mediation – the legal entity registered by the Agency of the state services who is not pursuing revenue generating purposes providing according to this law effective implementation of activities of mediator, promotion of mediativny services, establishment of rules of process of mediation, establishment of procedure of payments of the fee of mediators, provision of rooms for holding meetings in the course of mediation, rendering other services for the purpose of effective implementation of activities of mediator;

the party – the physical person or legal entity, including body of the public power which expressed consent to resolve dispute by means of mediation.

Article 3. Activities of mediator

(1) the Mediator as the representative of liberal profession performs socially useful activities which are not business activity and cannot be referred to that.

(2) Activities of mediator are performed as equals for all persons conditions, regardless of race, skin color, nationality, ethnic origin, language, religion, floor, views, political affiliation, property status, social origin or other similar sign.

(3) Activities of mediator can be performed on paid or non-paid basis.

(4) Activities of mediator are compatible to any other profession or activities if the legal acts regulating the corresponding professions or types of activity do not provide other.

(5) the Mediator can perform the activities as a part of bureau of the mediation or the organization performing mediation.

Article 4. Basic principles of mediation

Mediation is performed on the basis of the following principles:

a) voluntariness of mediation;

b) confidentiality;

c) free choice of mediator;

d) equality of the parties of process;

e) independence, neutrality and impartiality of mediator;

f) flexibility of process of mediation.

Article 5. Conflict of interest

(1) If on initial stage of process of mediation or in its course there is circumstance capable to have an adverse effect on its purposes, neutrality or impartiality of mediator, the last shall refrain from mediation of dispute, having informed on it the parties.

(2) the Mediator has no right to be effective as the arbitrator in case of the dispute resolution in which it is appointed mediator.

(3) person who represented the interests of one of the parties in degree of jurisdiction or arbitration earlier or gave other help in connection with matter in issue cannot be elected as mediator.

(4) After the mediation process termination the mediator cannot represent the parties or one of the parties in degree of jurisdiction or arbitration in case of the dispute resolution for which mediation it was appointed. If as mediator the lawyer was elected, the last has no right to agree to the subsequent assistance or representation of interests of the either party of process of mediation in connection with the dispute resolved by means of mediation.

(5) If mediator is the notary, the last has no right to allocate with executive text/force the voluntary settlement signed by the parties in the course of mediation.

Article 6. Confidentiality

(1) Process of mediation is not open if only the parties did not agree differently.

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