Commercial mediation and arbitration will be fortified to become more visible all over Moldova. The efforts will be aimed at strengthening the capacities of the Mediation Council, the Mediation Center of the Chamber of Commerce and Industry, regional mediation centers and other mediation players. The fourth phase of the project “Prospects of commercial mediation and arbitration in the Republic of Moldova” was kicked off the end of 2018, but the event to launch this was held at the Ministry of Justice on March 27, IPN reports.
The project is implemented by the Ministry of Justice, the European Bank for Reconstruction and Development (EBRD), the Center for Effective Dispute Resolution and the International Development Law Organization (IDLO), with financial support from the United States Agency for International Development (USAID).
In the launch, Eduard Serbenko, secretary of state at the Ministry of Justice, said the Ministry fully supports the alternative dispute resolution methods, namely the development of the commercial meditation and arbitration capacities. These generate such advantages as swiftness, lower costs, confidentiality, reduced hostility between the conflicting sides. The strengthening of these methods remains a constant priority of the Ministry of Justice and the foreign partners’ support in this regard plays an important role. “I’m convinced that we are all committed to promoting and strengthening the mediation institution in the Republic of Moldova,” stated Eduard Serbenko.
USAID Mission Director Karen Hilliard noted that alongside other partners and the Moldovan authorities, they support the development of the judicial system’s capacities for promoting high-quality mediation and arbitration. It is important to increase the beneficiaries’ confidence in these services and this event represents an open and good platform for discussions, for the identification of actions that need to be taken to fortify this sector.
EBRD representative Veronica Brădăuțanu reminded that this project was kicked off in 2013 with the intention of helping the Government of the Republic of Moldova to set mediation as an efficient mechanism for resolving disputes through alternatives to the resolution through courts of law. As part of the project, the legislation was analyzed, mediators were trained and a pilot program was implemented with the involvement of courts of law. A campaign to promote this instrument in all the country’s regions was carried out at the third stage. At the fourth stage, this process will be continued so that this instrument becomes better known and helps to efficiently resolve disputes.
IDLO regional program manager Margarita Meldon said mediation enables to resolve disputes by saving time and resources in the process. Within the fourth stage of the project, there will be identified the difficulties in the process of implementing this instrument in Moldova. Solutions for improving the mechanism will be provided as a result.
Chamber of Commerce and Industry chairman Sergiu Harea stated that the Chamber’s Mediation Center last year resolved a higher number of cases than the previous years and this shows that the entrepreneurs in Moldova trust mediation. Tens of meetings were held with members of the business community of Moldova to present and promote commercial mediation and arbitration. Emphasis was placed on the continuous formation of the future mediators and arbitrators.
Adi Gavrilă, mediation expert from Romania, underlined the necessity of working out a long-term strategy and solid principles that would form the basis of the implemented model. He said quality is an essential ingredient that is ensured by initial formation and sustained experience. There should also be identified the optimal ratio of encouraging measures to measures that imply the necessary effort related to mediation. The implementation of mediation necessitates the support of all the interested sides, including lawyers, and of other categories of professions.
A poll concerning the perception of mediation in the business community that was presented in the event shows that most of the companies (of those surveyed) deal with up to five cases of dispute resolution a year as part of their activity. Approximately 17% experience up to ten such cases, while 18.5% – up to 25 cases. About 51% of those interviewed do not understand or only heard about mediation as an alternative dispute resolution mechanism. Almost 25% of the respondents are not at all familiar with this method, while 23% only heard about it. This shows that the business community should be informed and encouraged to use mediation as a conflict settlement method. The poll revealed that even if 86% of those polled have never used mediation, 72% are ready to use it.
The commercial mediation and arbitration project was started in 2013 to strengthen the alternative dispute resolution system in Moldova nationwide. At the previous stages of the project, there were organized numerous activities to train players in the field and to inform the people and the business community about commercial mediation and arbitration.
