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Ministry of Justice

Republic of Moldova

On December 8, 2015 No. 1085

ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF MOLDOVA

of December 7, 2015 No. 647

About approval of the Regulations on accreditation of service providers on preparation of mediators

Based on provisions lit.d) Art. 8 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 accreditation of service providers on preparation of mediators it (is applied).

2. Publish this order in the Official monitor of the Republic of Moldova.

Minister of Justice

Vladimir Chebotar

Appendix

to the Order of the Minister of Justice of the Republic of Moldova of December 7, 2015 No. 647

Regulations on accreditation of service providers on preparation of mediators

I. General provisions

1. The regulations on accreditation of service providers on preparation of mediators (further – the Provision) aim at establishment of accurate, transparent criteria on the basis of merits and professionalism for accreditation of service providers on preparation of mediators.

2. Service providers on preparation of mediators are accredited according to this Provision, the Law No. 137 of July 3, 2015 on mediation and other regulations from this area or international treaties, one of the parties of which is the Republic of Moldova.

3. The procedure of accreditation is carried out in the following steps:

1) assessment of applicants;

2) decision making concerning accreditation of suppliers.

II. Conditions accreditation

4. The legal entity who asks to be accredited as the service provider on preparation of mediators (further - the applicant) shall correspond to the following conditions:

1) to be registered according to the legislation;

To have 2) in the constituent document specifying on the organization and implementation of activities for training of mediators;

3) to be the provided sufficient area, the necessary equipment and financial opportunities for implementation of activities for preparation of mediators;

4) to have at least two teachers in the field of mediation;

5) to use standards on preparation and advanced training of the mediators approved by Council for mediation.

5. The teacher in the field of mediation shall answer the following conditions:

1) to have the higher education and working experience in the field of preparation, at least, 2 years;

2) to have quality of mediator or working experience in the field of mediation, at least, 2 years.

6. The organization performing mediation according to this Provision can be accredited as the service provider on basic and continuous training of mediators in specific areas.

7. To be accredited, the applicant shall submit to Council for mediation the following documents:

1) the statement for accreditation as the service provider of mediators;

2) constituent document of the legal entity;

3) the document on property or the agreement confirming the right to real estate which serves as space for implementation of activities for preparation of mediators;

4) the contracts signed with at least two teachers in the field of mediation;

5) data on teachers (CV, phone number, e-mail address);

6) the document which confirms adoption of standards of preparation and advanced training of the mediators approved by Council for mediation;

7) training plan of mediators;

8) the declaration under the personal liability on truthfulness of the provided information.

8. Members of council on mediation not disclose the data which became known for it in the course of accreditation and to provide personal data protection according to the Law No. 133 of July 8, 2011 on personal data protection.

III. Assessment of applicants

9. Assessment of applicants is performed with mediation of Council for mediation for:

1) assessments of conformity to provisions of item 4;

2) to assessment to the conditions established in item 7.

10. Council on mediation estimates the applicant within no more than 45 days from the date of submission of documents according to item 7.

11. In case of representation of incomplete set of documents, upon the demand of Council for mediation the applicant shall provide information or documents which are absent within 10 days.

12. Council on mediation researches accuracy of the information, provided by the applicant.

13. By consideration of accomplishment of the conditions stated in the item 4, if it is necessary Council for mediation can check the necessary equipment, financial opportunities of the applicant for carrying out preparation of mediators, standards of training, and also information concerning the identity of the teacher within this Provision.

14. If the applicant does not correspond to the conditions stated in item 4 and 5, upon the demand of Council for mediation he shall bring into accord these conditions within 15 days.

IV. Decision making concerning accreditation of service providers on preparation of mediators

15. In case of compliance to all conditions stated in item 4 and 7, Council for mediation passes the decision on accreditation of the applicant.

16. Council on mediation makes the motivated decision on refusal in accreditation of the applicant:

1) in case of non-presentation or untimely submission of documents or information required according to item 11;

2) if information provided according to the item 7, is not true;

3) if does not correspond to the conditions stated in items 4 and 5 during the term established in item 14.

17. In case of establishment that information provided according to the item 7, is not true and act contains essential elements of offense, Council for mediation notifies on it criminal prosecution authority.

18. The decision of Council for mediation is told the applicant within five days from the date of its acceptance.

19. Decision making about refusal does not interfere with repeated filing of application on accreditation according to item 7.

V. Recognition of foreign accreditation and control of accredited service providers on preparation of mediators

20. In case the supplier on preparation of mediators is accredited in foreign state, he has the right to submit the application to Council for mediation about recognition of the document on accreditation to which are applied:

1) verified copy of the document on accreditation;

2) confirmation of effective period of the document issued by the organization responsible for its issue;

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