Authorities urged to work out mechanisms for implementing mediation

A conflict situation can be solved with the assistance of a mediator who can help the persons reach an amicable settlement, outside court. In a news conference on March 5, the head of the Mediation Council Andrei Munteanu said that the authorities must work out a mechanism for implementing mediation in conflict situations. Mediator Inga Platon said that the Penal Reform Institute implemented a pilot project in 2005. Within this project, there was created a Mediation Center where mediators worked for three years. A number of 124 mediators had been licensed meanwhile. “In 2007, there was approved the Law on Mediation that is not yet functional. There are no mechanisms for implementing it,” she stated. The mediators at the Mediation Center work on a voluntary basis. In Moldova, the mediators are registered on the official website of the Ministry of Justice, but few of them work. Andrei Munteanu said the persons involved in conflicts sustain fewer losses when they solve them with the help of a mediator rather than when going to court. In case of mediation, the people realize the subtleties of the conflict and reach an agreement where none of the sides has the feeling that they lost. Ombudswoman for the protection of children’s rights Tamara Plamadeala said she will ask the Ministry of Justice to modify the new law concerning mediation that was drafted this year so that the courts and prosecutors are able to propose mediation to the conflicting sides. “The people don’t know that they can use the services of mediators. They must be informed that they can solve the conflict outside court,” she stated. In 2012, the Prosecutor’s Office dealt with 2,110 criminal cases involving minors. Of them, 687 were closed after the sides reached amicable settlements, based on agreements between the lawyer and the prosecutor. Under the Law on Mediation adopted in June 2007, mediation represents an alternative method of solving conflicts between sides, with the help of a third person called the mediator. Mediation is based on the sides’ trust in the mediator who facilitates the negotiations between them and provide assistance in solving the dispute by identifying a mutually acceptable, efficient and sustainable solution.
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