Legal status of mediation in Romania

On 22 May 2006, Law No. 192/2006 on the mediation and organisation of the mediator profession was published in the Romanian Official Journal. It is this law that brings, for the first time, clarification on the place of mediation within dispute or conflict resolution, the role and obligations of the mediator in dispute resolution, how to access mediation services and who can act as a mediator.

To transfer the provisions of Directive 2008/52/EC of the European Parliament and of the Council regarding certain issues of mediation in civil and commercial cases into Romanian law, the Parliament adopted Law No. 202/2010 on measures to accelerate settlement of lawsuits, which modified the Civil Procedural Code and the Penal Procedural Code. Mediation is now included for the first time in the two procedural codes as an alternative method of settling disputes. After 147 years, a new Civil Code came into force in Romania on 1 October 2011 and a new Civil Procedural Code on 15 February 2013. Both have included specific provisions on mediation and other alternative dispute resolution methods.

Neither the codes nor Law No. 192/2006 concerning mediation and organisation of a mediator’s profession include reference to cross-border mediation. All the legal provisions in this matter are applicable for both domestic and foreign mediation. (See Sanda Elena Lungu, Constantin Adi Gavrilă.)

To ensure the organization of the system, the Law No. 192/2006 established an autonomous body that develops a public interest activity. This is the Mediation Council, consisting of 9 people authorized as mediators (and 3 alternate members) appointed by the vote of the authorized mediators, with a 2 year mandate.

The Council members undertake the regulatory responsibility in the field of mediation, and mainly, they ensure the quality of the act of mediation and the construction of a coherent system for the use of mediation in Romania.

Regarding the functioning of the Mediation Council, Art. 19 of Law no. 192/2006 provides: ”

(1) The Mediation Board meets once a month or whenever necessary, as convened by the President.

(2) The meetings of the Mediation Council are public, except when its members decide otherwise.

(4) In exercising its powers, the Mediation Council adopts decisions by majority of votes of its members.

(5) In the meetings of the Mediation Council people from any other institution or professional body may be invited to take part if their consultation is required in order to take action or to adopt the decisions of the Mediation Council.”

The main responsibilities of the Council are also defined by the law (Art. 20): it promotes the mediation activity and represents the interests of authorized mediators, in order to ensure the quality of services in the field of mediation, in accordance with the law; it develops training standards in the field of mediation, on the basis of international best practices in this field; it authorizes the initial and continuing training programs, and also the mediators specialization programs; it develops and updates the list of training providers for the mediators who have been authorized; it authorizes mediators, as provided by this law and by the procedure established by the organization and functioning of the Regulation of the Mediation Council; it cooperates, by the Information System in the domestic market, with the competent authorities of other Member States of the European Union, the European Economic Area and Swiss Confederation to ensure the control of mediators and of the services they provide, in accordance with the provisions of Emergency Government Ordinance no. 49/2009; it develops and updates the list of authorized mediators; it keeps the evidences of the offices of authorized mediators; it monitors the fulfilment of educational standards in the field of mediation; it publishes documents to prove the professional qualification of mediators; it adopts the code of ethics and professional conduct of authorized mediators and standards of disciplinary responsibility thereof; it takes steps for the fulfilment of the provisions of the code of ethics and professional deontology of authorized mediators and administers the standards regarding their disciplinary liability; it makes proposals to apply or to correlate the legislation on mediation; it adopt the rules regarding its organization and functioning; it organizes the selection for the next Mediation Council, as provided by law; it undertakes any other action stipulated by the law.

‎IMPORTANT NOTE: This information has been updated in August 2023. Legal provisions after this date are not included.


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