The current situation proves that mediation is a solution

2 29 / 10 / 2020

Two weeks before the signing ceremony of the UN Singapore Convention on International Mediation Settlement Agreements, more precisely on July 24th, 2019, the Romanian Parliament adopted amendments to Law no. 192/2006 regarding the mediation and organization of the profession of mediator according to which, among other provisions, the mediation agreement becomes an enforceable title subject to the verification and attestation according to the law by the lawyers of the parties, by the notary public or by a lawyer or notary public chosen by the mediator with the agreement of the parties

Art.58 paragraph (21) of Law 192/2006) provides that "The mediation agreement verified and certified by the lawyers of the parties, by the notary public or by a lawyer or notary public chosen by the mediator with the agreement of the parties is an enforceable title"

With this change and the possibility to communicate online, the mediation services in Romania offer a practical, real solution for lawyers who advise individuals, communities or organizations looking for viable options for resolving the litigation in which they are.

Mediation may be subject to the rights that the parties may have by law (convention or by any other manner permitted by law). the protection of consumers, in the field of family law, in the field of disputes regarding the possession, guarding, relocation of borders, as well as in any other litigations regarding the neighbours relations, the causes of medical malpractice, in the labour disputes arising from the conclusion, execution and termination of the individual contracts of and also in civil, commercial and criminal litigation in which the parties can dispose of their rights.

Following the establishment of the state of emergency on the territory of the country in order to prevent the spread of COVID-19, the activity of the courts is very limited, so that many people are prevented to solve a series of disputes, this fact could lead to the prejudice of some rights.

Mediation can become a valid alternative in such situations, with mediators having the real opportunity to convene parties to online meetings and help them solve urgent and important issues for them.

More than ever, we appreciate that such crisis situations can be a good start of a real collaboration between lawyers and mediators, professionals whose services meet the needs of people, institutions, communities and traders, but also families, couples, affected by the crisis. and uncertainty.

Therefore, lawyers can carry out legal assistance activities, capitalizing on their legal knowledge and online communication in the mediation procedure, thus collaborating with experienced mediators, who are trained to communicate by any means. The result of such collaboration is represented by obtaining valid agreements before the state enforcement bodies, called "enforceable titles".