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The mediation agreement: its legal force and how it becomes enforceable
The most frequent question we hear in the first session goes something like this: "Fine, we agree — but what if the other side changes their mind tomorrow?". It is an excellent question, and the answer shows why mediation is a serious legal procedure, not just a friendly chat. Below we explain what the mediation agreement is, what legal force it carries and, step by step, how it can acquire enforceable character — that is, how it can be enforced, if need be, just like a court judgment.
What the mediation agreement is, legally
The mediation agreement is the parties' understanding, recorded in writing at the end of the procedure. Legally, it is a contract: it binds the parties just like any other validly concluded contract. It can include payment obligations, deadlines and instalments, how assets are divided, how parental authority is exercised — any lawful solution the parties have agreed on.
We draft the agreement together with the parties, in clear language, avoiding ambiguous wording that could spark new disputes later. For technical aspects (tax, real estate), the parties can consult lawyers or notaries before signing — a practice we encourage every time. And if you would first like an overview of the whole procedure, we explained it in detail in the article What is mediation and how does it work.
Key takeaway
The legal basis of mediation in Romania is Law no. 192/2006 on mediation and the organisation of the mediator profession. The parties' written agreement is governed by art. 58 of the law — including para. (21), introduced by Law no. 154/2019, which concerns the verification and attestation of the agreement by the parties' lawyers or by a notary — and art. 59 gives them the right to present it to a public notary for authentication or to the court for confirmation.
The agreement's journey: from signature to enforceable title
The steps are simple and worth taking in order:
- Signing the mediation agreement. At the end of the procedure, the understanding is recorded in writing and signed by the parties. From this moment there is a valid, binding contract.
- Reinforcing the agreement, through one of the routes provided by law. The parties can choose notarisation by a public notary, confirmation by the court or verification and attestation of the agreement by the parties' lawyers or by a notary, under the conditions of the law — we detail each option below.
- The agreement acquires enforceable character, under the conditions of the law. The obligations in the agreement can then be enforced directly, with no need for a new lawsuit on the merits.
Route 1: notarisation
The public notary verifies the legality of the understanding and authenticates it. A notarial deed recording a certain, liquid and due claim is an enforceable title. This is the right route especially when the agreement contains clear payment obligations or transfers of rights that require the notarial form anyway.
Important
For agreements concerning the transfer of ownership or of other real rights over immovable property, as well as for property division and inheritance cases, the law provides mandatory specific formalities — for instance, the authentic notarial form for transfers of real estate ownership. This is a frequent situation in property division and inheritance matters resolved through mediation.
Route 2: confirmation by the court
The parties can ask the court to issue a judgment confirming their agreement — the so-called consent judgment (art. 438–441 of the Civil Procedure Code, together with art. 59 of Law no. 192/2006). This judgment has all the effects of a final court decision.
An important detail for those who come to mediation after a lawsuit has already started: if a dispute pending before the court is settled through mediation, the court may order, at the request of the interested party, the refund of the judicial stamp duty paid, under the conditions of art. 63 of Law no. 192/2006. For disputes concerning the transfer of ownership or of other real rights over immovable property, for property division and for inheritance cases, the law provides special rules, and in certain inheritance cases the duty is not refunded.
Route 3: verification and attestation by the parties' lawyers or by a notary
Since the amendment brought by Law no. 154/2019, art. 58 para. (21) of Law no. 192/2006 provides that the mediation agreement may also acquire enforceable character through its verification and attestation by the parties' lawyers or by a notary, under the conditions of the law. On this route too, for acts subject to form requirements — real estate, property division, inheritance — the formalities provided by law remain necessary.
Notary or court? A quick comparison
| Criterion | Notarisation | Court confirmation |
|---|---|---|
| Who reviews the agreement | The public notary | The court |
| What you obtain | An authentic notarial deed — enforceable title for certain, liquid and due claims | A consent judgment, with all the effects of a final decision |
| When it is mandatory | For transfers of ownership of real estate | Not mandatory — it remains the parties' choice |
| Best suited for | Payment obligations, transfers of assets | Disputes already pending in court, family matters |
What "enforceable title" means in practice
If one party fails to honour its obligations under the notarised or court-confirmed agreement, the other party does not need to start a new lawsuit. They can go directly to the bailiff, exactly as with a court judgment. This is the guarantee that turns "a piece of paper" into a complete legal instrument — and the reason the question at the start of this article has a reassuring answer.
What if the agreement stays a simple private document?
Even without notarisation or court confirmation, the agreement remains a valid contract between the parties, and its breach can be invoked in court, as with any other contract. In practice, however, we almost always recommend one of the reinforcement routes above, for the certainty of enforcing the obligations undertaken. The costs of each route can be established transparently, before choosing.
Total or partial agreement — both matter
The agreement can be total or partial: the parties may resolve only some of the disputed points through mediation, leaving the rest for the court. Even a partial agreement has value: it narrows the object of the court proceedings to the points left unresolved, and it can open the way to a complete settlement.
The agreement in cross-border disputes
For parties located in different European Union member states, Directive 2008/52/EC provides that the agreement resulting from mediation may be made subject, at the parties' request, to the procedures through which it acquires enforceable character, in accordance with the law of the member state where this is sought — the agreement does not become enforceable automatically, but under the conditions of each state. This legal framework is particularly relevant for Romanians abroad, with whom we frequently work through online, remote mediation.
Would you like to discuss your situation?
If you already have an agreement in principle with the other party, or you want to find out whether a conflict can be resolved through mediation, you can write to us via the contact page. The information session about mediation is free of charge, and our office will reply with the concrete steps for your situation.
Legal sources: Romanian Law no. 192/2006 on mediation and the organisation of the mediator profession, consolidated form consulted on 14 July 2026. Last legal review of this article: 14 July 2026.
