ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of November 26, 2015 No. 614

About approval of the Regulations on registration of bureau of mediation and the organizations performing mediation

According to the item g) Art. 8 and Art. 15 and 16 of the Law No. 137 of July 3, 2015 on mediation (The official monitor of the Republic of Moldova, 2015, 445) I ORDER to Art. No. 224-233,:

1. Approve:

Regulations on registration of bureau of mediation and the organizations performing mediation according to appendix No. 1.

Conclusion sample for registration of the organization performing mediation according to appendix No. 2.

Sample of the certificate of registration of the organization performing mediation according to appendix No. 3.

2. Before creation of necessary conditions for maintaining the state register of the authorized persons information on registration of bureau of mediation and the organizations performing mediation will be included in the State register of mediators which is kept in manual type.

3. Publish this Order in the Official monitor of the Republic of Moldova.

Appendix № 1

to the Order of the Minister of Justice of the Republic of Moldova of November 26, 2015 No. 614

Regulations on registration of bureau of mediation and the organizations performing mediation

I. General provisions

1. The regulations on registration of bureau of mediation and the organizations performing mediation (further - the Provision) establish conditions and order of registration of the location of bureau of mediation and the organizations performing mediation, procedure for change of their data, and also procedure for exception of bureau of the mediation and the organization performing mediation from the State register of mediators.

2. In the this provision sense, registration of bureau of mediation means entering of record into the State register of mediators about its location. Registration of the organization performing mediation means registration in the conditions of the Law No. 837-XIII of May 17, 1996 on public associations, with the subsequent entering of information on this organization into the State register of mediators.

II. Bureau of mediation

3. The location of bureau of mediation is registered in the State register of mediators in the heading corresponding to each mediator which consists in this bureau, on the basis of the application to which are enclosed:

a) copy of the identity certificate of the applicant;

b) the copy of the agreement of particular partnership in case of two or more mediators;

c) copy of the certificate of mediator of each copartner;

d) the documents confirming the address of the location of bureau and the right to it;

e) information on contact information of the applicant (postal address, e-mail address, mobile/stationary phone).

4. The bureau of mediation is individualized by the specific name which contains the word "Mediator" or if necessary "Mediators" which surnames of one or several mediators follow from this bureau.

5. The address of the location of bureau of mediation and the right to it are confirmed by the act on the property right or to right to use with appendix of the statement from the Register of real estate or the certificate which are valid on the date of filing of application.

6. Lawyers and notaries who have and the status of mediator shall submit to Council for mediation the application for entering into the State register of mediators of information on lawyer or notarial bureau in which they will perform activities of mediator, as well as other contact information (the e-mail address, mobile/stationary phone).

III. The organization performing mediation

7. The organization performing mediation is registered the Ministry of Justice, according to provisions of the Law No. 837-XIII ot17 May, 1996 about public associations, on the basis of the conclusion of Council for mediation.

8. For receipt of the conclusion the applicant submits the application to which are enclosed:

a) the copy of the identity certificate of the applicant and if necessary the act who confirms its powers;

b) the list of the mediators number at least two answering to the qualification criterions established by the organization and which agreed to inclusion in the list signed by the chairman of the organization;

c) the rules of implementation of process of mediation accepted by the organization;

d) rules of assessment and quality control of the services provided by the mediators included in the list approved by the organization.

9. The non-profit organization registered in the State register of non-profit organizations which wants to become the organization performing activities for mediation shall provide to the Ministry of Justice the conclusion of Council for mediation, according to the item 18, for registration of the made changes to its status.

10. The non-profit organization registered in the State register of non-profit organizations in which status implementation of activities for mediation was included before entry into force of the Law No. 137 of July 3, 2015 on mediation for receipt of the certificate of registration as the organization performing mediation shall provide to the Ministry of Justice the conclusion of Council for mediation.

11. After registration of the organization performing mediation in the Ministry of Justice, the applicant shall provide to Council for mediation the copy of the certificate of registration of the organization performing mediation.

12. To facilitate access for the public to information on the organizations performing mediation Council for mediation can hold their list which is published on the official site of Council.

IV. Order of registration

13. The statement for issue of the conclusion for registration of the organization performing mediation, and the statement for registration of the location of bureau of mediation in the State register of mediation move in Council for mediation.

14. The statement and acts attached to it are checked by the secretary of Council for mediation in currents of three working days. If the provided set of documents incomplete, the secretary notifies the applicant and recommends to submit documents which are absent or, in case of impossibility, they shall be returned to the address specified in the statement.

15. If the statement and acts attached to it correspond to the established conditions, they are transferred for consideration to Council for mediation.

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