Mandatory judicial mediation – a failure in Moldova

Abstract

After 15 years of mediation in the Republic of Moldova, we note that at the moment we have fully registered 207 offices of mediation, associated offices, organizations of mediation, lawyers’ offices with certified mediators, of which 44 lawyers – mediators have suspended their activity, and 4 – have ended their activity. We tend to believe that from the rest, a large part have a certificate posted on the wall and a half-open office, because they have a basic activity that keeps them in work beside the „alternative” mediation. At the same time, we note that from April 2022 in the Republic of Moldova we have only extrajudicial mediation, because judicial mediation did not rezist, and in time some of the mediators remained too disappointed to be interested again in the future of mediation. In this article we wanted to emphasize the role and importance of the mediator, because the successful completion of the mediation largely depends on the execution of his role. We wanted to remind the principles of mediation, the benefits of mediation and a parallel between the member states of the European Union. We have the ambition to say that we need: professionalism, unity, resuscitation to increase the citizen’s trust in the mediation procedure, but at the moment it seems that the legal persons understood better the advantages of mediation, because commercial disputes are the most in the mediators’ procedure. In conclusion, the article is nothing more than an overall view of a judge and a mediator on the mediation process in the Republic of Moldova.