Download here the ADR Center Romania Mediation Rules in PDF format.

[Adopted by ADR Center România and effective from 01.03.2022]

Article 1. Purpose and application of the Rules

1.1. The mediation rules ("Rules") of ADR Center Romania establish the principles and rules governing the mediation procedure managed by the mediators from the ADR Center Romania network and the forms of exercise within which they provide mediation services.

1.2. The rules are applicable to any case of mediation managed by an ADR Center Romania mediator or which arises as a result of the ADR Center Romania mediation clause.

1.3. The mediation rules of ADR Center Romania are supplemented by the provisions of Law no. 192/2006 regarding mediation and organization of the profession of mediator with subsequent amendments and completions.

1.4. The present Mediation Rules are available on the ADR Center Romania website at http://www.adrcenter.ro/reguli-de-mediere/.  

Article 2. Definitions and abbreviations

2.1. All terms used in these Rules shall be construed in accordance with applicable domestic and international law.

2.2. The abbreviations in this Agreement have the following meaning:

a. Rules - Mediation rules of ADR Center Romania.

2.3. This document uses terms that are defined as follows:

a. "ADR Center Romania" - a national mediator network in Romania, part of a network of international mediators that provide mediation services under the same brand name, "ADR Center". The ADR Center Romania network is managed by SC Mediation & Training International SRL, a company registered in Romania, VAT no. RO35411378 and registration number at the Trade Register J16/50/2016 which holds the rights to use the "ADR Center" brand in Romania.

b. "ADR Center Romania Mediation Clause" - "The parties agree that any dispute, controversy or request arising as a result or in relation to this contract (including any dispute regarding its conclusion, execution or termination), will be resolved through the mediation procedure by ADR Center Romania in compliance with the Rules of Mediation of ADR Center Romania. The state or arbitral courts are competent only after the failure of the mediation procedure performed in compliance with the Mediation Rules of the ADR Center Romania."

c. ”ADR Center România Mediator” – Mediator that is part of ADR Center Romania

d. "Mediation" or "mediation procedure" - A negotiation process facilitated by an impartial specialist and without decision-making power. 

e. "Party" - Individual, group, organization in the public or private sector that is party to a mediation procedure.

f.  "Mediation meeting " - The basic form of the mediation procedure. The mediation meeting may include joint sessions and / or separate sessions, depending on the circumstances of the case and the mediator's decision, with the consultation of the parties. 

g. ”Resolution Center” - ADR Center Romania own office or an office of an ADR Center Romania mediator at whose address mediation services are provided in a certain locality (e.g. ”ADR Center Romania - Iași Resolution Center” or ”ADR Center Iași”).

Article 3. Initiation of the mediation procedure

3.1. Any party in a dispute is able to initiate the mediation procedure, by submitting a request to the ADR Center Romania in accordance with these Rules. The request for mediation may also be filed by another party interested in the settlement of the dispute, such as an employer, an authority, a lawyer or a legal adviser to either party. The mediation request can be submitted in written format to any of the ADR Center Romania Solution Centers, by email to office@adrcenter.ro or by filling in the mediation request form available at www.adrcenter.ro.

3.2. One party may request ADR Center Romania to invite another party to participate in mediation. After receiving such a request and paying the application administration fee, ADR Center Romania will contact the other party on behalf of its affiliated mediators, invite them to attend a meeting in person or online and try to get their feedback regarding the possibility to participate in mediation.

3.3. The party filing the mediation request may attach any documents it deems necessary for a better understanding of the case.

3.4. 5. Where the party invited to mediation refuses to take part or fails to replay by the deadline, the process shall be abandoned and requesting party shall be informed.

3.5. If the invited party agrees to participate, he/she will provide the ADR Center Romania with information and documents deemed necessary for a proper understanding and the case.

3.6. All documents submitted will be available for consultation for the mediator(s) and, depending on the option of the parties providing the documents, by all participants in the mediation procedure.

3.7. ADR Center Romania notify the party to call at mediation that invited accepted the mediation.

3.8. The correspondence with ADR Center Romania will be in Romanian, when all parties are of Romanian nationality or in Romanian and / or English , when at least one of the parties is not of Romanian nationality.

Article 4. Selection or appointment of the mediator

4.1. ADR Center Romania appoints a mediator or two depending on the nature of the dispute and the correspondence of the parties. Where are in agreement, the parties may select one or two mediators from the ADR Center Romania panel.

Article 5. Conflict of interest

5.1. Prior to the first meeting with the parties, the mediator will sign a declaration of impartiality, neutrality and independence.

5.2. Any mediator, whether selected jointly by the parties or appointed by ADR Center Romania, will disclose both to ADR Center Romania and to the parties whether he or she has any financial or personal interest in the outcome of the mediation or whether there exists any fact or circumstance reasonably likely to create a presumption of bias. Upon receiving any such information, after soliciting the views of the parties, ADR Center Romania may replace the mediator preferably from the lists of acceptable mediators previously communicated by the parties.

5.3. The parties may, separately or jointly and at any time, request ADR Center Romania to replace the mediator when, in their opinion, there are circumstances that raise doubts about the impartiality and independence of the mediator. ADR Center Romania will make a decision in response to this request.

Article 6. Representation

6.1. It is preferable that the parties participate in mediation and they can be assisted by lawyers, legal advisers, experts or other specialists.

6.2. Parties who do not attend mediation themselves, shall be required to appoint a representative who is fully informed on the case and its authorized to negotiate and sign the settlement agreement.

6.3. Parties other than natural persons are expected to have present throughout the mediation an officer, partner or other employee authorized to make decisions concerning the resolution of the dispute.

Article 7. Start of the mediation sessions

7.1. The mediator and the parties will be able to attend a preliminary joint meeting to hold discussions on the use of mediation, to establish the general conditions and to sign the Agreement to Mediate.

7.2. The mediation meetings begin at a date and time agreed by the parties and the mediator before the Agreement to Mediate is signed. 

Article 8. Date, time and place of mediation

8.1. The mediator will schedule the date and time of each mediation meeting. Mediation will take place at an office of ADR Center Romania which is convenient for parties or in any other place that the parties, the mediator and ADR Center Romania agree. 

8.2. Mediation can also be done remotely under the conditions agreed by the mediator (s) and parties. For this, the parties may use technological means, such as videoconferencing applications, provided by ADR Center Romania.

Article 9. Conduct of mediation meetings

9.1. Mediation meetings begin after the mediation contract (Agreement to Mediate) is signed between the mediator and the parties. 

9.2. The mediator may conduct mediation meetings in the manner he / she considers appropriate, taking into account the circumstances of the case, the preferences of the parties and the need to resolve the dispute in the shortest possible time.. 

9.3. The mediator does not have the authority to impose an agreement on the parties. The mediator is authorized to hold joint or separate meetings with the parties. At the request of the parties and with its agreement, the mediator may make oral or written recommendations on the proper settlement of the dispute, without obliging the parties in any way.

9.4. Except as otherwise agreed by the parties or the law, it is not permitted to record or disclose statements made or information provided during mediation meetings, including regarding the acceptance or rejection of any settlement proposals or any other information provided by the mediator (s), or by the parties.

9.5. The mediation sessions are private. The participation of any persons other than the parties and possibly their representatives, lawyers or legal advisers is possible only with the agreement of the parties and the mediator.

9.6. At each mediation session, the mediator and the participants in the respective session will sign a report in which logistical information regarding the duration of the meeting and participants will be retained.

Article 10. Closure of the mediation procedure

10.1. The mediation procedure is closed when:

a. The parties have reached an agreement;

b. The parties did not reach an agreement, which is why the mediator or either party states that the mediation sessions are over;

c. 30 days have passed since the initiation of the mediation procedure or the timeframe set from the beginning for the settlement of the mediation has expired and the parties have not reached an agreement on its extension;

d. When one or both parties decide to waive the mediation procedure.

10.2. At the closing of the mediation procedure, the parties and the mediator will sign minutes reflecting the parties and the result of the process.

Article 11. Confidentiality

11.1. All information, records, reports or other documents received by the mediator (s) from the parties will be confidential, except as agreed by the parties. 

11.2. If the parties decide otherwise, the mediator must keep confidential all information received during mediation, and also the documents drawn up or that have been taught by the parties during mediation, even and after termination its function. 

11.3. Unless otherwise agreed, the parties will maintain the confidentiality of the mediation and will not be based or will not present as evidence in any arbitration, judicial or other procedure:

a. the opinions expressed, suggestions, recommendations or proposals made by the parties or the mediator during the mediation meetings;

b. acknowledgments made by the parties during mediation sessions in relation to the dispute at hand;

11.4. Any evidence or source of evidence does not become inadmissible solely as a result of its use in the mediation.

Article 12. Exclusion of liability

12.1. Neither ADR Center Romania nor any mediator in the ADR Center Romania network will be liable to any party for any act or omission alleged in connection with any mediation conducted under these Rules.

12.2. The ADR Center Romania mediators and their respective mediation service providers assume responsibility for the mediation services they provide. 

12.3. ADR Center and ADR Center Romania are interested that ADR Center Romania mediators provide the highest quality mediation services and wish to receive information in this regard from the users of these services, but they do not respond in any way to any dissatisfaction or damage created. 

Article 13. Interpretation and application of the Rules

13.1. The mediator will interpret and apply these Rules insofar as they relate to the mediator’s duties and responsibilities. All other procedures will be interpreted and applied by ADR Center Romania.

Article 14. Administration taxes and fees

14.1. Unless otherwise agreed by the parties to the mediation, all fees and administrative expenses of ADR Center Romania, including, without limitation, the fees and expenses of the mediator (or mediators) will be equally borne by the parties. 

14.2. The mediation fee represents the value of the mediation services provided and includes individual mediator training activities, meetings with the parties and possibly other interested parties.

14.3. When the mediator has to move to other locations, after consulting the mediator with the parties, they will settle the mediator's travel time and expenses.

14.4. The mediation fees of the ADR Center Romania mediators are set out in the Annex to these Rules.

Article 15. Role of the mediator in other procedures

15.1. Unless all parties agree in writing, the mediator cannot act as an arbitrator or a representative is the party in any proceeding subsequent settlement of the dispute which was the subject of mediation.

Article 16. Appeal to arbitration or court proceedings

16.1. The parties undertake not to initiate during the mediation, any arbitration or judicial procedure regarding a dispute that is the subject of mediation, unless such procedures are in progress or when their initiation is necessary to interrupt the limitation period.

Article 17. Governing Law

17.1. The mediation will be governed and interpreted in accordance with Law no.192/2006 on the mediation and organization of the profession of mediator with subsequent amendments and completions. 

17.2. The Romanian courts have the exclusive competence to resolve any claim, dispute or dispute that may arise from or in connection with the mediation procedures governed by these Rules.

Article 18. Mediation Agreement

18.1. Any Mediation Agreement reached in the mediation will not be legally binding until it has been reduced to writing and signed by, or on behalf of, the parties.

ANEXA – Mediation fees of ADR Center Romania mediators

1. The requesting party pays 110 RON to the mediator upon the submission of the Mediation Request for each invited party. The administration fee is non-refundable and represents the cost for processing the mediation request. 

2. Schedule with mediation fees for each party - in RON (VAT not applicable):

Download here the ADR Center Romania Mediation Rules in PDF format.