LAW OF THE REPUBLIC OF MOLDOVA

of February 12, 2026 No. 9

About mediation and the status of mediator

For the purpose of simplification of access to alternative methods of the dispute resolution and assistance to their peaceful settlement by means of encouragement of use of mediation and providing the balanced ratio between mediation and judicial processes

The Parliament adopts this organic law.

This law shifts the Directive of the European parliament and Council 2008/52/EU of May 21, 2008 about some aspects of mediation in civil and commercial cases, published in the Official magazine of the European Union by L 136 of May 24, 2008, CELEX: 32008L0052.

Chapter I. General provisions

Article 1. Subject and field of regulation

(1) This law establishes the basic principles of mediation and regulates its features in specific areas, the procedure of access to professional activity of mediator, the status of mediator, and also methods of the organization of activities and self-government of mediators.

(2) This law is not applied to the disputes arising in tax, customs and administrative spheres and also to questions of responsibility of the state for the acts or omissions of bodies of the public power made in the mode of the public power.

Article 2. Concepts

For the purpose of this law the following concepts mean:

1) the agreement on mediation - the agreement signed between mediator and the parties of dispute according to which the mediator shall resolve dispute with the help of the procedure of mediation established by this law;

2) the agreement on mediation - the agreement according to which the parties shall resort to mediation of the existing dispute or dispute which can arise between them in connection with contractual or non-contractual legal relationship;

3) the service provider on professional training - the legal entity having accreditation of the Union of mediators on the organization of rates of basic and/or continuous training of mediators according to the standards of preparation in the field approved by the Union of mediators;

4) dispute - the conflict between two or more physical persons and/or legal entity which is or can become consideration subject in degree of jurisdiction or arbitration;

5) mediator - the third party having the license according to this law and/or the legislation of the state with which the Republic of Moldova signed the corresponding international agreements and/or agreements, who is carrying out mediation process in an effective, impartial and competent way for the purpose of the dispute resolution between the parties;

6) mediation - the structured process irrespective of the fact how it hereinafter is referred to as or treated in the legislation of other states in which two or more parties which are in dispute on own initiative aim to reach the agreement on its permission with assistance of one or several mediators and which can be initiated by the parties, is recommended or ordered by degree of jurisdiction or is stipulated by the legislation other state;

7) the organization for mediation - the legal entity registered according to the legislation who is not pursuing revenue generating purposes providing effective implementation of activities of mediator, promotion of services of mediation according to the law establishes procedure of payments of the fees of mediators, provides rooms for meetings on mediation and provides other services connected with mediation;

8) the party - the physical person or legal entity expressing consent to the dispute resolution by mediation;

9) the voluntary settlement - the agreement signed by the parties according to the law and counterassigned by mediator following the results of mediation process according to which the parties agree to peaceful resolution of dispute and to the option of its permission accepted for them.

Article 3. Principles of mediation

Mediations are the cornerstone the following principles:

a) voluntary participation in mediation process;

b) confidentiality;

c) free choice of mediator;

d) equality of the parties of process of mediation;

e) flexibility of process of mediation;

f) independence, neutrality and impartiality of mediator;

g) legality.

Article 4. Voluntary participation in mediation process

(1) the Parties voluntarily make the decision on initiation of process of mediation and participation in it, establish terms and rules of implementation of process of mediation, and also agree about contents of the voluntary settlement.

(2) concerning separate categories of the disputes provided by the law, the parties shall hold at least one meeting on mediation. In such cases of the party voluntarily and by mutual consent make the decision on the beginning or the termination of process of mediation.

Article 5. Confidentiality

(1) Process of mediation is not open and is performed with respect for the principle of confidentiality if only the parties did not agree about other.

(2) the Mediator shall observe confidentiality of information which became to it known in connection with the performed activities behind the exceptions provided by part (6), prior to the beginning of and/or in the course of mediation, and also after suspension or the termination of its activities as mediator.

(3) the Mediator shall warn participants of process of mediation about obligation to keep confidentiality of information and agreement signatures or clauses about confidentiality have the right to require if necessary.

(4) in the course of mediation mediator has no right to disclose information with which got acquainted during the separate meetings with each of the parties, and also to discuss such information with other party without the consent of the concerned party.

(5) in case of difficulties in the course of the dispute resolved by mediation, the mediator with the consent of the parties can request opinion of one or several specialists in the respective area.

(6) Mediators or the other persons participating in mediation process administration shall observe confidentiality of information obtained during process of mediation or in connection with it, except as specified, when disclosure of information is necessary:

a) for ensuring public order;

b) for ensuring protection of the highest interests of the child;

c) for preventing to drawing damage to health, physical or mental integrity of person;

d) for enforcement or execution of the voluntary settlement;

e) for the prevention and/or suppression of crime, except as specified, stipulated in Article 276 Codes of penal procedure No. 122/2003.

Article 6. Prohibition on disclosure of information and on hearing of participants of process of mediation

(1) For the purpose of ensuring confidentiality of process of mediation of the party, the mediator or any other participant of process of mediation has no right to disclose or refer to information which became to them to the mediation, known within process, or in connection with it in other process of mediation or in arbitration. It is forbidden to disclose also information concerning:

a) offers of one of the parties to initiate process of mediation or expression of one of the parties of consent to participate in mediation process;

b) the opinions or offers stated to one of the parties concerning possibility of peaceful resolution of dispute;

c) evidences which one of the parties gave within mediation process;

d) consent expressed to one of the parties to accept the proposals made by mediator;

e) the documents constituted only for the mediation process purposes.

(2) From written consent of the parties mediator has the right to give evidences in their advantage, however evidence excludes its further participation in mediation process.

(3) For the purpose of ensuring confidentiality of process of mediation, on the basis and according to the law mediator and participants of process of mediation cannot be heard on the facts or documents which they studied during mediation process. The mediator can be subpoenaed as a witness according to part (6) Article 5.

Article 7. Free choice of mediator

The parties choose from the State register of mediators which is kept by the Ministry of Justice, or on circumstances from the approved registers of other state of one or several mediators which activities are not suspended. The parties have the right to refuse services of the chosen mediator at any stage of process of mediation.

Article 8. Equality of the parties of process of mediation

Each person has open and equal entry to mediation irrespective of age, social position, race, skin color, floor, language, religion, political or other convictions, national or social origin, property status or other criteria.

Article 9. Flexibility of process of mediation

The parties by agreement and with assistance of mediator determine rules and duration of process of mediation.

Article 10. Independence, neutrality and impartiality of mediator

The mediator shall keep independence and neutrality in relation to dispute and the parties participating in its permission, to conduct mediation process without prejudice and to respect the rules of professional ethics.

Article 11. Conflict of interest

(1) the Mediator shall declare rejection from mediation of dispute and notify on it the parties in case of the circumstance capable to have an adverse effect on the purpose of mediation, neutrality or impartiality of mediator.

(2) the Mediator has no right to be effective as the arbitrator in case of the dispute resolution in which it is appointed mediator.

(3) person who represented the interests of one of the parties in degree of jurisdiction or arbitration earlier or gave other help in connection with matter in issue cannot be chosen as mediator.

(4) After the mediation process termination the mediator cannot represent the parties or one of the parties in degree of jurisdiction or arbitration in case of the dispute resolution for which mediation it was appointed. If as mediator the lawyer was chosen, he has no right to agree to the subsequent assistance or representation of interests of the either party of process of mediation in connection with the dispute resolved by mediation.

(5) If mediator is the notary, he has no right to make executive text on the voluntary settlement signed by the parties in the course of mediation.

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