Representatives of the business sector are encouraged to use mediation services as these are a swifter and cheaper method of settling disputes outside court and without the assistance of a lawyer. According to experts, mediation can have a rather great impact on the national business sector, especially at the level of top companies that lay emphasis on image and confidentiality of internal conflicts.

Iuliana Rotari, mediator accredited by the Ministry of Justice, has told IPN that mediation is an alternative form of dispute settlement between two or more parties, with the assistance of a third person. The mediator has the obligation to ensure the equality of rights in the mediation process. Though this service has been implemented in Moldova for many years, few people use it because its advantages are not known.

Iuliana Rotari said the mediator is a qualified, equidistant and impartial person from outside who helps the parties reach a consensus so that both of the parties gain. The mediator does not intervene with decisional elements, but facilitates the communication so that the sides suggest proposals that meet their interests. This does not happen in a court trial, where the decision is taken by the judge.

A court trial can last for one year to three years, while in case of mediation the dispute can be resolved in a day. Iuliana Rotari said the period of three years for an economic entity means a lot in terms of time and of costs, including for the services of a lawyer. Dispute settling by mediation offers the businessmen the possibility of avoiding the vulnerability that can be witnessed in a court trial.

According to the mediator, the sensitive relations with creditors, suppliers, clients and even employees of companies can suddenly become more difficult when private conflicts appear in public, giving negative connotations to the case. This affects the turnover and the image of the company. The confidentiality of meetings keeps many moments private.

Iuliana Rotari also said that mediation in business is successfully used by European and multinational companies. Moldovan commercial organizations also started to use mediation not only in order to save the money and time that they would spend in court, but to also protect the company’s image. Mediation in business can be used both in relation to corporative processes and to conflicts between business entities and third parties. It is about the conflict at work, conflicts between shareholders and between business partners, competition, etc.

The persons can resort to mediation even after a trial begins. The parties to a dispute are paid back the state tax when a mediation transaction is concluded and this is a benefit. The party that covered the costs when filing a lawsuit can ask to be refunded the state tax in full amount in case of reconciliation in the ordinary court, in the amount of 75% if the parties reach an agreement in the appeals court and of 50% if the agreement is reached in the Supreme Court.

If the mediation process does not end in a transaction, the state tax when filing a lawsuit is reduced by 25%. When the mediation process results in the partial reconciliation of the parties over property claims, the state tax is reduced and is refunded in an amount proportional to the value of the claim agreed by reconciliation. Depending on the development of the process, if one of the parties does not honor its obligations, the other party can ask for an execution warrant from court without paying any tax.

The opportunities of mediation in business and other related subjects were discussed in a seminar held on September 27-29 and November 7-9 this year. It was organized by the National Employers Confederation of the Republic of Moldova. Thus, the business sector can benefit from the services of a qualified mediator of the National Employers Confederation.

The seminar was possible owing to the East-Invest II Program implemented by Eurochambres, based on a Moldovan-German cooperation agreement (National Employers Confederation of Moldova - SEQUA gGmbH and Bildungswerk der Wirtschaft Mecklenburg-Vorpommern (BdW).