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What is mediation and how does it work, in plain language
A conflict with a business partner. A disagreement with a former spouse about the children's schedule. A property division that has been dragging on for years. For many people, the first thought is the same: "see you in court". Few know, however, that Romanian law has offered, since 2006, a regulated, voluntary and confidential alternative: mediation.
In this guide we explain, in plain language, what mediation is, the principles it rests on, how it unfolds step by step and what legal force the understanding you reach can acquire.
What is mediation? The simple definition
Mediation is a way of resolving conflicts amicably, with the help of a specialised third person — the mediator — under conditions of neutrality, impartiality and confidentiality. The legal framework is Romanian Law no. 192/2006 on mediation and the organisation of the mediator profession.
The essential difference from litigation: the mediator does not judge and does not decide. They do not establish who is right and do not impose a solution. The decision stays, from beginning to end, in the hands of the parties. The mediator leads the conversation, defuses tension, clarifies each side's real interests and helps the parties build, by themselves, a solution both can accept.
That is precisely why mediation has no "winner" and no "loser": there is an understanding the parties built together and accepted of their own free will.
The four principles that make mediation work
- Voluntary participation — nobody can be forced to enter or stay in mediation. Either party may withdraw at any moment, without having to justify the decision; the obligations regarding the fee and the costs remain, however, those set out in the mediation contract and by law.
- Confidentiality — mediation is confidential, under the conditions set by law. The mediator is bound by professional secrecy, and the statements and proposals made during mediation cannot be used as evidence in judicial or arbitral proceedings, except in the cases provided by law or agreed by the parties (art. 53 of Law no. 192/2006).
- Neutrality and impartiality — the mediator takes no side and has no stake in the outcome. Their role is to balance the dialogue, not to tip the scales.
- Self-determination — the parties alone decide the content of the understanding. Nothing is imposed on them and nothing is signed without the consent of both.
How mediation unfolds, step by step
This is the flow we follow in our office, in line with Law no. 192/2006. In short:
- The information session — free of charge. You present your situation, we explain what mediation is and tell you openly whether it fits your case.
- The mediation preparation contract (pre-mediation). If you want to go ahead, we sign the contract that allows us to prepare the procedure.
- Studying and assessing the case file. We analyse the documents and the context of the conflict — as a rule, at least one working day, depending on complexity. Only after this assessment do we communicate the mediation fee.
- The invitation to the other party. We invite the other party to mediation, tactfully and in neutral terms. If they refuse, we draw up a report recording the closure of the procedure, which you can use going forward.
- The mediation contract. Once all parties accept, we sign the mediation contract, which sets the rules of the procedure.
- The mediation procedure itself. It usually opens with a joint session, where each party presents its point of view. Then, where useful, private meetings follow, in which we speak confidentially with each side about priorities and the real room for negotiation. Then comes the negotiation itself: options are built, positions move closer, solutions are tested.
You will find a detailed description of every stage on our page about mediation and how it works.
The mediation agreement: what legal force your understanding can acquire
If the parties reach an understanding, it is recorded in a mediation agreement — a clearly drafted written document setting out the obligations each party has assumed. Under art. 58 of Law no. 192/2006, the agreement may acquire enforceable character through notarial authentication, through confirmation by a court (a consent judgment) or through the verification and attestation of the agreement by the parties' lawyers or by the notary public, under the conditions set by law — and once these formalities are completed, it can be enforced like any enforceable title. For understandings concerning immovable property, property division or successions, the law imposes specific mandatory formalities.
As for the judicial stamp duty, under art. 63 of Law no. 192/2006, when a dispute already before the court is resolved through mediation, the court may order, at the request of the interested party, the refund of the stamp duty already paid, under the conditions of art. 63; for disputes concerning the transfer of ownership or other real rights over immovable property, property divisions and succession cases the law provides special rules, and in certain succession cases the duty is not refunded. At European level, Directive 2008/52/EC provides that the agreement resulting from mediation may be made subject to the procedures for obtaining enforceable character under the law of the relevant state.
We covered this topic in depth in a separate article on the legal force of the mediation agreement.
Mediation or court? The short comparison
| Criterion | Mediation | Court proceedings |
|---|---|---|
| Duration | The parties set the calendar together with the mediator; the duration depends on the complexity of the case, the number of parties and their availability | The deadlines are set by the court, and the judgment may go through appeals |
| Who decides the outcome | The parties, through their agreement | The judge, through an imposed ruling |
| Confidentiality | Confidential, under the conditions set by law — the discussions stay private | Court hearings are, as a rule, public |
| The relationship between the parties | The dialogue can also aim to preserve the relationship between the parties | Adversarial proceedings do not have preserving the relationship as their objective |
As for costs: the information session is free of charge, and we communicate the mediation fee only after studying and assessing the case file. The costs are set transparently, in writing, before the mediation procedure begins, and how they are shared between the parties is decided by their agreement. Our way of working is explained on the fees page. In court, the costs may include stamp duties, judicial expert reports and lawyers' fees.
When mediation is worth trying
Almost any civil, commercial or family conflict can be mediated: contract disagreements, property division and inheritance matters, conflicts between business partners, neighbour disputes, disagreements about the children after divorce. One simple rule: the earlier you turn to mediation, the earlier the dialogue can resume — and the parties can pursue not only closing the dispute, but also preserving the relationship between them.
Key takeaway
Mediation is voluntary, confidential under the conditions set by law and regulated by Law no. 192/2006. The mediator does not judge and does not impose solutions — the parties decide. The information session is free of charge, and the agreement you reach may acquire enforceable character through notarial authentication, confirmation by a court or, under the conditions set by law, through the verification and attestation of the agreement by the parties' lawyers or by the notary.
Our office — founded by Anca Voican, authorised mediator since 2013 — can help you find out quickly whether mediation fits your situation. Still have questions? Many answers are already available in our frequently asked questions about mediation, and if you would like to talk about your case, you can write to us anytime — we will give you an honest answer, with no obligation.
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.
