Mediation Mandatory in Romania as of March 3, 2010

As of March 3, 2010 mediation will become mandatory in Romania for all civil disputes and simple criminal cases. The legal basis for mediation in Romania has existed since 2006, but the lawyers and the courts tended to overlook this possibility, as it wasn’t mandatory.

The parties involved in the dispute will be obligated to try to resolve the issue through mediation before turning to court. If the trial has already been initiated, they may request suspension thereof for a maximum of three months in order to try to settle the case through mediation. If the parties bring the case to court directly, the judges will require that they try mediation first and settle the issue in court only if mediation fails.

Although this measure was mainly enforced to ease the courts’ caseloads, it is also advantageous for the parties involved in disputes, as it is shorter and less complex and costly.

For more information, please contact Roxana Sarghi in our Romania office.

Source: Romanian media