The lack of certified mediators in the southern part of the country to facilitate conflict resolution is the main reason why the citizens of Cahul almost never turn to the institution of mediation when they want to settle a dispute. The topic was discussed at a round table, attended by several representatives of academia, courts, business and mediation institutions.

What is mediation and what are its advantages

Mediation is an alternative way of settling disputes amicably, in a structured, flexible, confidential process, with the assistance of one or more mediators, which can take place both out of court, before the filing of the lawsuit, and when the action has already been filed in court, says Dumitru Lefter, director of the Mediation Centre in Chisinau.

“Any civil dispute can be settled through mediation, in various fields – intellectual property, banking, construction, agriculture, services, telecommunications, disputes between landlords and tenants, neighbours, etc.,” he explains.

The time it takes to resolve disputes is one of the advantages of mediation. “The law stipulates a maximum of three months, but we had a survey among mediators where we asked how quickly they settle cases and most of them said they needed two to five sessions on average. I mean, most of them don’t need three months to settle,” said Felicia Chifa, president of the Mediation Council.

Another advantage of mediation, experts say, is the flexibility of the process. “If we make a comparison with court, the parties agree to a joint or separate hearing. The parties decide when they meet with the mediator, usually after working hours,” Dumitru Lefter points out.

Low costs and confidentiality are other advantages of mediation. “Everything discussed with the mediator is confidential, not public. Nowhere are trade secrets displayed. The parties are in control of the process,” says Dumitru Lefter.

The lack of accredited mediators in Cahul means that the number of cases settled through mediation is tiny

A regional mediation centre was opened in Cahul this year. The new institution serves as a platform for promoting commercial mediation, which is an alternative method of settling disputes with the help of a mediator, thus reducing the waiting time for parties in court, which can take years. So far, however, no mediator has been identified to facilitate dispute resolution in the southern part of the country. “Unfortunately, there are not that many accredited mediators here in the area who could be embedded in the Centre and be part of the Mediation Centre’s team of mediators. We want this Centre to have mediators. They don’t have to be here every day, but if necessary, they can come and give consultations or explain to the parties what they have to gain, what the advantages of the mediation institution are”, says Dumitru Lefter.

The lack of accredited mediators in Cahul means that the number of cases settled through mediation is tiny. Magistrate Mihai Bușuleac of the Cahul Court says that very few people currently use mediation as an alternative dispute resolution method. “We often tell the parties that we don’t want to settle their disputes, but we want them to settle them themselves. A judgment, however good it is, may not be to the liking of one or both parties. In other words, we suggest that they reach a settlement, but this rarely happens. One or two mediation settlements are confirmed per year, it’s very few,” says the judge.

On the other hand, Felicia Chifa argues that judges are obliged by the Code of Civil Procedure to recommend mediation to the parties as an alternative way of settling disputes. “How often and how this is recommended is different for different judges. Some make more effort, others just announce that the parties have the possibility to resort to mediation, without explaining some of the advantages,” Felicia Chifa points out.

Who can be a mediator

Anyone who has a bachelor’s degree can be trained and can later obtain a mediator’s certificate, experts say. “A higher education degree is required, regardless of the field in which it was obtained, as well as completion of initial training courses. At least 80 hours of training are mandatory, which are offered by providers accredited by the Mediation Council. Afterwards, you have to sit the certification exam which is organised by the Ministry of Justice together with the Mediation Council and the certificate is issued. At the same time, there are some general requirements for mediators – to have an impeccable reputation, not to have been convicted of serious/particularly serious crimes, not to have a criminal record and not to be under any judicial protective measure, i.e. to have the capacity to practice and to be medically fit”, Felicia Chifa points out.

This article was made possible thanks to the support of the American people through the United States Agency for International Development (USAID). The content of this article is the responsibility of Ziarul de Garda and does not necessarily reflect the views of USAID or the United States Government.