The Mediation Council

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[edit] General Information

  • Official name: The Mediation Council
  • Country: Romania
  • City: Bucureşti
  • Type of organization: Independent organization
  • Date of creation: 2006
  • Interests: Mediation - Training
  • Fields of expertise: All types of Disputes

[edit] Description

The Romanian Parliament enacted its mediation law on May 16, 2006, to provide the Romanian public with an efficient and cost-effective alternative to litigation, meet international standards, and to lighten the workload of the Courts of First Instance. All aspects of mediation in Romania are supervised, coordinated, and managed by the Mediation Council, which is an autonomous public interest body established pursuant to the provisions of the Law

[edit] Law regarding Mediation and Organizing the Profession of Mediator – Mediation Council

Romanian mediation Act 2006 - Mediation Council

Art.17.–

  • (1) With the purpose of organizing the profession of mediator, the Mediation Council is founded, as legal entity with public utility, with its headquarters in Bucharest.
  • (2) Mediation Council is organized and works pursuant to the stipulations of the present law, as well as its own regulations of organization and work.
  • (3) Mediation Council is made up of 9 members, elected through direct vote or through representation, by the authorized mediators, under the conditions stipulated in the regulations of organization and work of the Mediation Council.
  • (4) The members of Mediation Council are validated by the Minister of Justice for a period of 2 years. Any mandate of the members of the Council may be prolonged for the same duration, only one time.
  • (5) The situations in which the quality of member of the Mediation Council ceases during the exercise of the mandate, as well as the procedure of the dismissal are decided upon through the regulations stipulated at paragraph (2).
  • (6) Only persons who have theoretical knowledge and practical experience in the field of mediation can be part of the Mediation Council. The provisions of art. 7 are accordingly applied.
  • (7) Mediation Council will exercise its mandate until the date of the validation of the members of a new Mediation Council

Art.18. –

  • (1) Mediation Council will elect a president and a vice-president and will assign, from among its members, a committee with permanent activity, which prepares the proceedings of Mediation Council The length of the mandate of the committee’s members is one year.
  • (2) Inside the structure of Mediation Council there is a technical office, made up of no more than 3 persons, appointed and paid as contractual personnel, in conformity with Annex no. I, chapter I, no. 18 of letter B from the Emergency Decree of the Government no. 24/2000 regarding the way of establishing the basis salaries for the contractual personnel from the budgetary sector, approved by Law no. 383/2001, with the subsequent changes and completions.
  • (3) The committee’s structure and attributions, stipulated at paragraph (1) and those of the technical secretariat stipulated at paragraph (2) are established through the regulations in art. 17 paragraph (2)
  • (4) For their activity, the members of Mediation Council have the right to a monthly indemnity, under the conditions established in the regulations stipulated in art. 17 paragraph (2)

Art. 19. -

  • (1) Mediation Council comes together every month or whenever necessary, when convoked by the president.
  • (2) Mediation Council’s sessions are public, excepting the case when its members decide otherwise.
  • (3) Mediation Council’s proceedings unfold in the presence of at least 7 members.
  • (4) When exercising its attributions, Mediation Council makes decisions with the vote of the majority of the constitutive members. Different opinions are explained and registered separately in the content of the decision.
  • (5) At Mediation Council’s proceedings other persons from any other offices or professional organisms may be invited, whose consultation is necessary to take action or to adopt the decisions of Mediation Council

Art. 20. – The Congress of the Union has the following main attributions:

  • (1) It promotes the mediation activity and it represents the interests of authorized mediators.
  • (2) It elaborates the training standards in the field of mediation, on the basis of the best international practices
  • (3) It approves the professional training programmes of mediators, in conformity with art. 9, paragraph (2);
  • (4) It elaborates and brings up-to-date the list of mediators’ trainers who obtained authorization in conformity with the existing legal frame in the field of professional training of adults.
  • (5) It authorizes mediators, under the conditions stipulated in the present law;
  • (6) It elaborates and brings up-to-date the list of authorized mediators;
  • (7) It keeps record of the authorized mediator’s offices;
  • (8) It watches over the observance of training standards in the field of mediation;
  • (9) It takes the necessary measures for the practical enforcement of the stipulations in art. 26, paragraph (2);
  • (10) It adopts the Code of Ethics and Professional Deontology of authorized mediators, as well as their norms of disciplinary responsibility;
  • (11) It takes action for the observance of the provisions stipulated in the Code of Ethics and Professional Deontology of authorized mediators and enforces the norms regarding their disciplinary responsibility;
  • (12) It proposes the completion, or, if necessary, the correlation of the legislation regarding the mediation;
  • (13) It adopts the regulations regarding its structure and working.
  • (14) It fulfils any other attributions stipulated in the law and in the regulations.

Art. 21. – Mediation Council covers its organization and working expenses from its own income, as follows:

  • (1) duties coming from the authorization of mediators;
  • (2) donations, sponsorship, financings, and other sources of income, obtained under the conditions of the law;
  • (3) returns from the selling of its own publications;
  • (4) sums coming from fines enforced as disciplinary sanctions;
  • (5) other sums resulted from N.U.M.R’s activity, established by regulations.

[edit] Training

Mediation Council proposes Mediation training:

  • Anounced Basic Training Courses
  • Anounced Continuous Training Courses
  • Master Degree Programs
  • Training Courses Graduates

[edit] Contact

Bucureşti, str. Cuza Vodă, nr. 64, sector 4, cod. 040285 - Romania

Tel: 021.315.25.28 - 021.330.25.60 - 021.330.25.61

Fax: 021.330.25.28

Email: secretariat@cmediere.ro

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