Under Romanian Law no. 192/2006 on mediation and the organisation of the mediator profession.
The practice areas, in detail.
Every type of conflict has its own logic. Below you will find, for each area, the typical situations where mediation delivers results.
Civil mediation
Civil disputes — between neighbours, co-owners, heirs, parties to a contract — almost always have a double stake: the money and the relationship. Court settles the first and often destroys the second. Mediation addresses both: it clarifies the claims, brings the parties to the same table and turns the conflict into an agreement both sides can honour, with full legal effect.
Typical situations:
Inheritance and property division between heirs
Disagreements over property boundaries or easements
In business, time and reputation are often worth more than the amount in dispute. A lengthy public lawsuit against a commercial partner can mean a lost contract, a damaged relationship and a court file anyone can read. Commercial mediation offers a confidential setting in which the dispute is negotiated directly, on a schedule agreed by the parties, and — where it makes sense — the business relationship stays functional.
Typical situations:
Unpaid invoices and contractual penalties
Disagreements over deliveries, quality or deadlines
Shareholder and partner conflicts
Termination of partnerships and distribution deals
Nowhere is the emotional cost of litigation higher than in the family. Mediation gives parents and spouses a private setting where decisions about children, housing and assets are made together, not dictated. Agreements concerning children are validated by the court when they serve the best interests of the child.
Between employee and employer, litigation always leaves marks: for the employee, a public file any future employer can find; for the company, a precedent and a damaged internal climate. Mediation enables dignified negotiated exits and the discreet resolution of internal conflicts, while respecting the employee's statutory rights.
Typical situations:
Termination by mutual agreement, with a compensation package
Disagreements over bonuses, commissions, overtime
Employee–manager or colleague conflicts
Application of non-compete clauses on exit
Early-stage collective tensions, before escalation
Disputes between consumers and traders are usually too small for a lawsuit, yet frustrating enough to deserve a resolution. Mediation offers a fast, inexpensive path: the trader keeps the customer and its reputation, the consumer gets a real solution instead of years of correspondence.
Typical situations:
Non-conforming products or poorly performed services
Refused warranty claims or refunds
Telecom and utilities disputes
Disagreements with property developers or builders
In certain criminal cases — those prosecuted upon prior complaint, or where the law allows the parties to reconcile — the injured person and the offender can end the conflict through an understanding, with the effects on criminal liability provided by law. It is a delicate matter, with strict deadlines and conditions; in our office, these cases are handled by a mediator specialised in criminal matters. The mediation agreement or, where applicable, the report is communicated to the judicial authorities.
Typical situations:
Cases prosecuted upon prior complaint (for example assault, threats, property damage)
Reconciliation of the parties, where allowed by law
Understandings on repairing the damage, communicated to the judicial authorities
When the parties live in different countries or assets are spread across jurisdictions, litigation becomes exponentially more expensive and slower: letters rogatory, translations, lawyers in several states. Online mediation removes the distance: video sessions on each party's time zone, in Romanian or English, with agreements signed remotely that can also be made enforceable in other EU Member States, under the conditions of Directive 2008/52/EC.
Typical situations:
Inheritances with heirs settled abroad
Disagreements about children when one parent lives abroad
Law no. 192/2006 allows mediation in any matter where the parties can freely dispose of their rights: contractual obligations, money, assets, commercial relationships, employment matters and — within the limits set by law — family aspects and criminal cases subject to prior complaint. In practice, the vast majority of disputes that reach Romanian civil courts today could be resolved through mediation, on a schedule the parties themselves control.
If your matter is not listed above, or you are not sure your situation is suited to mediation, write us a short note about it: we will answer honestly, usually the same day, whether and how we can help.
Not sure your situation fits mediation?
Write us a short note about it and we will tell you honestly whether we can help.
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