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Mediation in Romania

Mediation is a profession opened to a large category of people, not only to lawyers but allows the parties to be assisted by lawyers. The changed Mediation Law provides the conditions for a citizen of European Union or of the European Economic Community to be recognized as a mediator in Romania in base of his/her document who attesting mediation competence and the conditions for a Romanian citizen to be recognize as a mediator in EU and EEC. Mediator has a multidisciplinary training. It is based on knowledge and skills previously developed but also on completely new knowledge and skills, specific for mediation, at minimum compulsory level as required by the Occupational Standards. First of all, being a mediator means a professional option which relies on the will to contribute to the social progress. In this respect, the mediator is a person constantly oriented towards self-improvement and in a permanent professional development process. The mediator Ethic and Deontological Code binds the mediator to act in that direction while the Mediation Council keeps in line with the international trend to compel the mediator to demonstrate his / her in-service training by attending a minimum number of training hours every years. Currently, there are eight organizations approved by the Mediation Council to hold mediator training courses. In according the Romanian Mediation Law, mediator training courses can be organized by the Universities (especially master courses), but them needs Mediation Council approval. This additional approval is necessary since mediation is a distinct profession, other than the one that master degree is organized for. The information available at the Mediation Council shows that the University’s curricula limit to providing mere academic knowledge and are not able to ensure the development of the skills included in the Mediator Occupational Standard. This is the good reason why the Mediation Council has not assumed the responsibility to validate the training of master degree graduates, unless the respective curricula have been previously approved by the Council, and implicitly, to include such graduates in the authorized mediator category. According to the data provided by the members of the Mediation Council, before the occurrence of the Mediation Law, in 2006 there were 3000 mediations in Romania, with a 70% success rate for the matters where the parties accepted to participate in at least one mediation session. After that moment, there are not official statistics available about the number of mediations held in Romania.