What is mediation
A better path than litigation.
Mediation is a voluntary, confidential process in which a neutral third party — the mediator — helps the parties in conflict reach their own agreement. The mediator does not decide and does not judge: they identify the real interests at stake, reopen communication and help the parties find solutions no court could order.
The principles of mediation
Voluntary
The parties choose to take part and stay in control of the decision at every moment.
Confidential
No public file, no hearings. What is discussed at the table remains confidential, under the conditions set by law.
Impartial
The mediator takes no side; they balance the dialogue rather than tilt it.
Legally binding
The agreement can be notarised or confirmed by a court.
How mediation unfolds
Step by step, towards agreement.
Every case is different, but a mediation usually follows the same structure.
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01
The information session — free of charge
The first conversation is an information session about mediation: you learn what mediation is, how it unfolds and whether it fits your situation. It is free and commits you to nothing.
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02
The pre-mediation contract
If you decide to go ahead, we sign the pre-mediation (preparation) contract, on the basis of which we start analysing the case.
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03
Case file study and assessment
We analyse the documents and assess the case — as a rule it takes at least one working day, depending on the complexity of the file. After the assessment we communicate the mediation fee, set according to the specifics of the case.
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04
Inviting the other party
We invite the other party to mediation and explain the procedure and its benefits. If they accept, we let you know right away. If they refuse, a report on the termination of the mediation procedure is drawn up — useful evidence if the dispute goes to court.
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05
The mediation contract
Once all parties have accepted mediation, we sign the mediation contract together — it enshrines confidentiality and the framework of the procedure.
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06
The mediation procedure
We enter mediation proper: joint sessions and, where needed, private ones, until an understanding is recorded in the mediation agreement, with legal effect.
Mediation can also take place online or by phone if the parties cannot meet in person.
Why mediation
Mediation or litigation?
The same dispute, two very different roads.
Clarifications
What mediation is — and what it is not.
It is not a trial
The mediator does not deliver verdicts and does not decide who is right, unlike a judge or arbitrator. The solution belongs entirely to the parties — the mediator only builds the road towards it.
It is not therapy
Although mediation handles intense emotions, its goal is a concrete agreement on a dispute, not relationship counselling. Where useful, we also recommend specialised support, in parallel.
It does not exclude lawyers
The parties may attend with their lawyers and may request breaks for legal advice. An agreement reviewed by both parties' lawyers is, in fact, the most solid agreement of all.
It is not a sign of weakness
Proposing mediation does not mean admitting fault and cannot be used against you. It only means you prefer a negotiated solution, one you stay in control of, to lengthy court proceedings.
What legal force does the agreement have?
The mediation agreement is a contract between the parties. Depending on its content, it can become enforceable through the mechanisms provided by Romanian Law no. 192/2006: notarial authentication, court confirmation through a consent judgment or, under art. 58 of the law, the verification and attestation of the agreement by the parties' lawyers or by a notary public. For agreements concerning real estate, property division or inheritance, the law requires specific notarial or judicial formalities.
Legal framework
What mediation rests on, legally.
Mediation in Romania is governed by Law no. 192/2006 on mediation and the organisation of the mediator profession. The law defines the principles of the procedure — voluntariness, confidentiality, impartiality — the status of the authorised mediator and the effects of the mediation agreement.
For cross-border disputes within the European Union, Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters also applies: the agreement resulting from mediation may be submitted to the procedures for obtaining enforceability provided by the law of the relevant Member State.
A practical incentive provided by law: if the parties settle through mediation a dispute already before the courts, the court may order, at the request of the interested party, the refund of the court stamp duty paid, under art. 63 of Law no. 192/2006. For disputes concerning the transfer of ownership or other real rights over immovable property, property divisions and inheritance cases, the law provides special rules, and in certain inheritance cases the duty is not refunded.
The mediation procedure in Romania, in brief
Mediation has been regulated in Romania since 2006 and has become the natural alternative to litigation for civil, commercial and family conflicts. The procedure starts with a free information session, continues with the pre-mediation contract, the study of the case file and the invitation of the other party, then with the signing of the mediation contract — which enshrines confidentiality — and unfolds over one or more structured sessions led by the mediator under strict conditions of impartiality.
Unlike judgment or arbitration, no solution can be imposed in mediation: the parties build the agreement together, while the mediator provides the setting, the balance and the rhythm of the conversation. An agreement built by the parties themselves is, by its very nature, one they have taken ownership of — precisely because the solution belongs to them.
Is a dispute dragging on?
The first session — the information session about mediation — is free and without obligations.