"Connoisseur, a specialist who knows everything about something and nothing about anything else" - Ambrose Bierce
HOW CAN I CONTACT THE MEDIATOR?
By phone 0040 732 770 873.
By e-mail: email@example.com
HOW CAN I PARTICIPATE IN MEDIATION IF I CAN'T GET TO THE MEDIATOR'S OFFICE?
WHEN I CAN USE MEDIATION?
Mediation can be used to resolve disputes in a wide range of areas, both before bringing an action and during the litigation procedure, as well as during the enforcement of the final and irrevocable judgment.
WHAT KIND OF CONFLICTS ARE SOLVED THROUGH MEDIATION?
(s) In civil matters, through mediation may be resolved conflicts:
- of financial nature with third parties (including banks, state institutions, non-bank financial institutions, insurers);
- in the field of consumer protection: defective products or services, non-compliance with guarantees, abusive clauses in the contract between the consumer and the economic operator;
- in the field of intellectual property: industrial property, copyright and related rights, intellectual property, know-how, copyright;
- in the field of education (all grades): regarding inappropriate or offensive expression, abusive behavior, violence, illegal behavior, offense against the teacher, inappropriate school behavior;
- in the matter of property law: regarding the neighborhood, co-ownership, housing relations, evictions, claims;
- in the matter of successions: regarding the will, legal inheritance, division of property, right of habitation of the surviving spouse, expenses related to the funeral;
- in the field of tourism: quality of services, information provided (price, destination, accommodation, formalities, insurance);
- in the field of environmental protection: actions / decisions that may have an impact on the environment, management, storage, transportation and incineration of waste;
- in the field of personal data protection;
- cross-border, if the national law of one of the parties foresees this option.
(s) In commercial matters, mediation can resolve conflicts regarding associations, partnerships, agreements (services, products, delivery, quality), debts, cost increases, delays in execution or non-execution, transport, financing (leasing, banking and non-banking loans), consulting, sale-purchase, insurance.
(s) In the field of labor law, the following can be resolved through mediation:
- conflicts over the establishment of working conditions in individual or collective employment agreements;
- conflicts regarding the rights from individual employment agreements: closure, execution and termination, (interpretation, abusive termination, disciplinary dismissal);
- organizational conflicts: subordination, resources, unpaid work, abusive behavior at work, harassment, discrimination, intimidation, aggression, bullying, mobbing.
(s) In the field of professional liability, conflicts can be resolved through mediation in which the professional liability of the person who provided the service is engaged, respectively the causes of malpractice (liberal profession: doctor, pharmacist, notary, lawyer, expert, auditor, mediator, accountant, evaluator, etc. ), unless another procedure is established by special laws.
(s) In civil litigations with a value below 50 000 lei, except for litigations in which there is an executory decision to open insolvency and those from the Commerce Register.
(s) In matters of family law, disputes concerning the grounds for divorce, division, relations with children, the exercise of parental authority (custody of the minor), the establishment of the children’s domicile after the separation of the parents (divorce or other cases), visitation schedule, the parental plan (the contribution of parents to the upbringing, education and professional training of children) may be resolved through mediation.
(s) In the case of crimes in which the criminal action is initiated upon the prior complaint of the parties and the reconciliation of the parties removes the criminal liability, provided that the victim agrees to participate in the briefing together with the perpetrator.
HOW MEDIATION IS CARRIED OUT?
Mediation can be requested / initiated by one of the parties or by both parties involved in a conflict, by contacting the mediator and completing a request.
After the free initial information on mediation takes place, the parties who choose to resolve the dispute through mediation (including those accompanying them: advisers, lawyers, relatives, representatives, etc.) and the mediator sign the confidentiality agreement and the mediation contract.
Further, through documents, discussions, reports and explanations, each of the parties, separately or together, provides the mediator with information on the conflict.
At a date set by the parties, the mediation meeting takes place in which each of the parties supports its point of view and collaborates with the other party under the guidance and help of the mediator to find the optimal solution and finally resolve the conflict. The mediation session can take place over several hours or days depending on the complexity of the conflict or the availability of the parties.
HOW CONFIDENTIALITY WORKS IN MEDIATION?
All written or oral communications that take place between the parties before, during or after mediation are confidential, including: discussions with the disputing parties (including those with their representatives), information provided by them in any form, what the parties have done or said during the mediation session, the content of the mediation agreement, the dispute file, all are and remain confidential. The mediator does not discuss the content of the mediation with anyone except the parties involved and only informs at the express and legally justified request of the authorities if the mediation has taken place and if an agreement has been reached without giving details about its content.
HOW CAN I PREPARE FOR MEDIATION?
Each party, which wants a constructive settlement of the conflict, prepares for mediation by trying to answer (for itself) the following questions:
What specific outcome do you want to achieve through mediation?
What do you need to do to get that outcome?
What do you need to change in that outcome to make it possible, achievable?
What do you think the other party wants to achieve through mediation?
What impact does the other party’s goal have on you?
What impact does your goal have on the other party?
What were the intentions of the other party to the conflict?
How did each party, including you, contribute to the conflict situation?
What information do you lack to fully analyze the situation you and the other party are in?
On what concrete information do you base all the answers to the above questions?
How did this information personally affect the other party?
How do you feel when you think about the conflict situation in question?
What do you think the other side feels when they think about the conflict?
Are there any elements that are brought into question that will generate uncertainty or fear for you or for the other party?
How can you express what you want to achieve in a form that makes sense to the other side as well?
Answering these questions will help you gain a complex personal perspective on the conflict situation you are in, as well as on the purpose for which you agree to participate in mediation.
WHO PAYS THE MEDIATOR'S FEE?
The parties are free to determine whether the fee is borne by each party in equal or different quota.