Mediator profession

THE EUROPEAN SOCIAL FUND

The Sectoral Operational Program Human Resources Development 2007

– 2013

Priority Axis 3 “INCREASING ADAPTABILITY OF WORKERS

AND ENTERPRISES”

Key Area of Intervention 3.3 “Development of partnerships and

encouraging initiatives for social partners and civil society”

Project title: “The Network of Competent Authorities for Professional

Qualifications in Romania (IMI PQ NET Romania)”

Beneficiary: the Ministry of National Education

Contract no.: POSDRU/93/3.3/S/53132

Deliverable 30.1

“Certification and Recognition Guidelines for the

Mediator Profession”

ETS dr. eng. Ionel POPA

THE EUROPEAN UNION

THE ROMANIAN GOVERNMENT THE MINISTRY OF LABOUR,

FAMILY, SOCIAL PROTECTION AND ELDERLY AMPOSDRU

The European Social Fund

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TABLE OF CONTENTS

Introduction............................................................................... 3

I Regulation status for the mediator profession in

Romania and in the European Union ........................... 5

1.1 Legislation regulating the mediator profession in

Romania ................................................................. 8

1.2 Conditions regarding the access to the regulated

mediator profession in Romania ……………… 10

1.3 Landmarks for the mediator profession in the

European Union states …………………………… 18

II Validation / certification procedures for competences

applied by the competent authorities in the countries

where the mediator profession is being regulated … 31

2.1 Mediation legislative framework in Italy ……….. 32

2.2 Mediators’ training in Italy …..…………………. 35

III Recognition processes for qualifications achieved in

other EU Member States ….…………………….….. 36

3.1 Mediator profession recognition procedure …….. 36

3.2 Application to SOLVIT .………………………… 39

IV Practicing the mediator profession in the European

Union …….…………………………………………….. 43

4.1 Mediators’ competence, appointment and fees, the

promotion of their services ……………………… 44

4.2 Mediators’ independence and impartiality …….… 45

4.3 Mediation process and settlement ……………….. 46

4.4 Mediator’s confidentiality …………………….…. 47

Conclusions ............................................................................... 48

Bibliography ............................................................................. 51

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Introduction

These “Certification and Recognition Guidelines for the

Mediator Profession” account for one of the multiple results of the

“The Network of Competent Authorities for Professional

Qualifications in Romania” project (IMI PQ NET Romania), which

is done for the consolidation of the capacity the Mediation Council

(MC) has both as a social partner in the project and as a competent

authority by informing it in relation to the practices used in the other

8 EU Member States for the mediator profession.

The activity involving the elaboration of these guidelines

contributes in achieving the overall goal of the IMI PQ NET

Romania project, consisting in the creation and consolidation of the

Internal Market Information System (IMI) for the professional

qualifications in Romania.

The importance of the mediator profession is given by the fact

that both the individuals and the companies have the right to settle

their disputes both outside and inside the mandatory proceedings for

amicable settlement of the conflicts under the law. For this purpose,

Directive 2008/52/EC of the European Parliament and of the Council

was issued on May 21st, 2008 at European level on certain aspects of

mediation in civil and commercial matters; this Directive was

published in the EU Official Journal no. L136/3 of May 24th, 2008

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and applies to the civil and commercial cross-border disputes, except

for the rights and obligations the parties may not enjoy according to

the national legislation.

As the mediation activity facilitates the settlement of disputes

and contributes to the avoidance of problems, loss of time and also

minimizes the costs generated by disputes that would have been

settled in court, it allows the citizens to effectively protect their legal

rights.

These “Certification and Recognition Guidelines for the

Mediator Profession” cover two large issues: on one hand the

certification of the mediator profession in Romania and on the other

hand the recognition of this profession in the Member States (MS) of

the European Union (EU), where this profession is being regulated.

Moreover, these guidelines provide concrete information on the

mediator profession in the EU Member States, which the project

management believes to be representative (the Czech Republic,

Spain, the Netherlands, Denmark, Germany, Great Britain, Italy and

Portugal).

As we are convinced of the future development of the

mediation activity and the importance of the mediator profession both

by significantly reducing the costs involved by the settlement of a

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dispute and the timeframe allotted to such dispute, we have done

intensive research on this profession by using the Internet.

I. Regulation status for the mediator profession in

Romania and in the European Union

The mediator profession – having the Code COR 243202 in the

Romanian Occupational Classification – is being regulated in

Romania and the current applicable legislation has been fully

harmonized with the European legislation. The European Union also

includes – besides Romania – one state where the mediator profession

is being regulated, i.e. Italy.

The mediation activity is a facultative way to settle conflicts in

an amicable way by using a specialized third party as a mediator, a

person who is neutral, impartial, trustworthy and freely accepted by

the parties.

Unless the law stipulates otherwise, the parties – individuals or

companies – may voluntarily resort to mediation even after a trial is

brought to court and they may also agree to solve any civil,

commercial, family, criminal, etc. matter this way, under the

conditions laid down in the current law.

The mediation activity is equal for all people, no matter what

race, colour, nationality, ethnical origin, language, religion, sexual

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orientation, opinion, political affiliation, wealth or social original they

might have and it can be done between two or more parties, by one or

more mediators and the parties have the right to chose the mediators

according to their free will or as applicable.

The main objective set by the European Union for this legal

action is to encourage people to resort to mediation in all the Member

States. For this purpose, Directive 2008/52/EC of the European

Parliament and of the Council was adopted on May 21st, 2008 on

certain aspects of mediation in civil and commercial matters; this

Directive was published in the EU Official Journal no. L 136/3 of

May 24th, 2008, in order to implement in the national legislations of

the EU Member States five norms believed to be fundamental to the

success of the mediation process:

1. it forces the Member States to encourage the mediators’

training and improvement so that they can provide high-quality

mediation services;

2. it grants each judge the right to invite the parties involved in

a dispute to resort to mediation first, if he/she believes that mediation

is recommendable, given the circumstances of that case;

3. it stipulates that the agreements concluded following

mediation may become enforceable if both parties request it;

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4. it guarantees that mediation takes place in total

confidentiality. The Directive states that the mediator cannot be

forced to provide evidence to the court in relation to what happened

during the mediation phase if the parties in that mediation become

involved in a future dispute;

5. it guarantees that the parties do not lose their right to go to

court after the mediation phase ends: the timeframes during which the

parties have the right to bring an action to court are suspended during

the mediation phase.

In Romania the Competent Authority having jurisdiction over

the access, practicing and monitoring of the mediator profession is the

Mediation Council.

The duties for the organization and functioning of the

Mediation Council are laid down in the “Rules for the organization

and functioning of the Mediation Council”1, approved by the

Mediation Council Resolution no. 5/13.05.2007 published in the

Official Gazette, Part I no. 505 of July 27th, 2007, with current

amendments and completions.

1 Article 16, 17 in the Rules for the organization and functioning of the

Mediation Council, approved by the Mediation Council Resolution no.

5/13.05.2007 published in the Official Gazette, Part I no. 505 of July 27th

,

2007

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The Mediation Council issues the mediator classes graduation

certificates that are released by the trainers and submitted with the

authorization file by the people having graduated the course and who

want to practice the mediator profession.

1.1 Legislation regulating the mediator profession in

Romania

The mediator profession in Romania is being regulated by the

following legal acts:

a. Law no. 192/2006 on the mediation activity and the

organization of the mediator profession, published in the Official

Gazette No. 441 of May 22nd

, 2006, with current amendments and

completions;

b. Government Ordinance no. 13/2010, which transposes

Directive 2006/123/EC of the European Parliament and of the

Council of December 12th, 2006, on the services provided on the

internal market, published in the Official Gazette, Part I no. 70 of

January 30th, 2010;

c. Law no. 202/2010 on certain actions to be taken for the

acceleration of settlements in court, published in the Official Gazette

714/25.11.2010;

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d. Rules for the organization and functioning of the Mediation

Council, published in the Official Gazette, Part I no. 505 of July 27th,

2007, with current amendments and completions;

e. The mediator training standard adopted by the Mediation

Council through Resolution no. 12/2007, approved on June 28th, 2000

by the Council for Occupational Standards and Assessment (COSA);

f. Law no. 115/2012 amending and completing Law no.

192/2006, published in the Official Gazette 462 of July 4th, 2012;

g. Urgency Ruling no. 90 of December 12th, 2012 amending

and completing Law no. 192/2006 on the mediation activity and the

organization of the mediator profession, as well as amending Article

II in the Law no. 115/2012 amending and completing Law no.

192/2006 on the mediation activity and the organization of the

mediator profession published in the Official Gazette, Part I, no.

878/21.12. 2012;

h. Urgency Ruling no. 4 of January 30th, 2013 amending Law

no. 76/2012 for the application of Law no. 134/2010 on the Civil

Procedure Code, as well as amending and completing certain related

regulatory acts, published in the Official Gazette no. 68 of January

31st, 2013;

i. Romanian Mediators’ Code of Professional Ethics and

Deontology, published as Annex no. 2 to the Resolution no. 2.247 of

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July 29th, 2011 amending and completing the Rules for the

organization and functioning of the Mediation Council, published in

the Romanian Official Gazette, Part I, no. 581 of August 17th, 2011.

The legislative amendments cumulated in paragraphs g) and

h) involve the obligation of the parties involved in civil suits to insert

the inadmissibility of the claims filed in court after August 1st, 2013,

if the parties were not informed on the advantages of the mediation

activity.

1.2 Conditions regarding the access to the regulated

mediator profession in Romania

The conditions regarding the access to the regulated mediator

profession in Romania are laid down in the law2; therefore, a

mediator is a person fulfilling the following conditions:

1. he/she has full capacity to practice his/her profession;

2. he/she graduated from a higher education institution;

3. he/she has at least 3 years of experience;

4. he/she is medically fit to carry out this activity;

2 Article 7 in Law no. 192/2006 on the mediation activity and the

organization of the mediator profession, published in the Official Gazette

No. 441 of May 22nd

, 2006, with current amendments and completions

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5. he/she has a good reputation and has not been irrevocably

sentenced for an intentional offence that might prejudice the prestige

of this profession;

6. he/she graduated the mediation training courses under the law

or a post-graduation master’s program in this field, a program

accredited under the law and approved by the Mediation Council;

7. he/she has been authorized as a mediator.

The following four stages have to be followed for a person to

be registered as a mediator in the Romanian Table of Mediators:

Stage I – Submission of the authorization file at the Mediation

Council;

The file has to include the documents necessary for:

the authorization decision to be issued;

the operation permit and the mediator badge to be released.

The application3 filed with the authorization file has to be filled

out according to the model in Annex no. 2 to the Rules for the

organization and functioning of the Mediation Council and shall be

accompanied by the following documents4:

3 http://www.cmediere.ro/formulare-utile/9/

4 http://www.cmediere.ro/page/124/ghid-de-parcurgere-a-procedurii-de-

autorizare-actualizat-la-31-03-2013-

http://www.cmediere.ro/formulare-utile/9/

http://www.cmediere.ro/page/124/ghid-de-parcurgere-a-procedurii-de-autorizare-actualizat-la-31-03-2013-


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1) a copy of the ID Card (certified as being “consistent with the

original”)

2) a copy of the birth certificate (certified as being “consistent

with the original”)

3) a copy of the marriage certificate – only if applicable

(certified as being “consistent with the original”)

4) a legalized copy of the bachelor’s degree or – as applicable –

the education title accompanied by the equivalence certificate issued

by the Ministry of Education, Research, Youth and Sport

5) copies of the documents certifying the training courses in

mediation (certified as being “consistent with the original”), as

applicable, as follows:

the mediation training course graduation certificate issued

under the law by the Council or an Examination Certificate issued by

the Council; or

the proof of the graduation of a post-academic master’s

program in the mediation field, accredited under the Law and

approved by the Mediation Council; or

the Council Resolution on the equivalence of the mediation

training in the case of people who fit the provisions laid down in

Article 8 and Article 72 in Law no. 192/2006, with current

amendments and completions (for the foreign citizens having

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obtained the mediator qualification in another state of the European

Union, the European Economic Area or the Swiss Confederation).

The foreign mediator may occasionally carry out his/her mediation

activity in Romania as service provision based on the document

legally confirming that he/she legally practices this profession in

his/her state of origin or provenance being exempted from the

authorization and registration requirements laid down in the law but

having still the obligation to notify in writing the Mediation Council

on the activity carried out by him/her;

the medical certificate bearing the mention “Fit for the

mediator profession”, issued by the labour medicine physician or – as

applicable – the medical certificate issued by the family doctor, which

has to bear the mention “Clinically healthy” and the indication that

the certificate also covers an examination performed by a specialized

psychiatrist; the certificate has to be valid for three months and it

should still be valid when the application is filed at the Mediation

Council – in original;

a certificate of criminal record that has to be still valid when

the application is filed at the Mediation Council (for the Romanian

citizens) or an affidavit given and signed in front of a notary public

(for the foreign citizens) – in original;

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a copy of the proof of work seniority (certified as being

“consistent with the original”);

proof that the authorization fee – RON 980 and the mediator

badge fee – RON 20 were paid into the Mediation Council account5;

documents confirming the establishment of the form selected

for the practicing of the mediator profession6 (the document for the

establishment of the Office of Associated Mediators has to include

also an association agreement signed by the associated mediators) –

in two original copies;

a copy of the proof providing details on the location of the

professional office, which could be: a loan for use contract, a lease or

sublease agreement, etc. (certified as being “consistent with the

original”);

2 ID photographies.

Stage II – The assessment of the file during the monthly

meeting of the Permanent Commission and the issue of the Mediation

Council Resolution for the approval or rejection of the authorization

5 RO 62 BRDE 410S V965 1163 4100, opened at BRD-GSG – the Calderon

Branch 6 Article 34, paragraph (2) in the Rules for the organization and functioning

of the Mediation Council, adopted by the Mediation Council by Resolution

no. 5/13.05.2007, published in the Official Gazette, Part I no. 505 of July

27th

, 2007, with current amendments and completions

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and the approval of the form chosen for the practicing of the mediator

profession;

Stage III – The registration of the authorized mediator’s data in

the Table of Mediators7. The documents necessary for the registration

in the authorized Table of Mediators are the following:

- application4 for registration in the Table of Mediators, which

has to be accompanied by:

1. an affidavit on the registration of the mediation activity and

of the form chosen for practicing the mediator profession in the fiscal

records – in original

2. a copy of the proof indicating the registration or the

application for being registered in a professional association in the

National Register of Organizations in Mediation (RNEODM)

3. an affidavit regarding the authenticity of the data provided

for the registration in the Table of Mediators – in original

Stage IV – The issue of the Free Practice Certificate and of the

mediator badge8.

Following the submission of the application and the payment of

the relevant fees, the mediators’ names are recorded in the Table of

7 Public document drawn up, managed and published by the Mediation

Council 8 The Mediation Council Resolution, the Authorization, the Badge and the

registration in the Table of Mediators may be requested simultaneously

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Authorized Mediators9. The Romanian Table of Authorized

Mediators is updated each year and published on the Mediation

Council website and in the Romanian Official Gazette, Part I.

Requirements on the mediators’ continuous training10

.

Right from the establishment of the Mediation Council, the legislator

has taken into account the quality of the mediators’ training and the

need for maintaining it, “The mediators have the obligation to

constantly improve their theoretical knowledge and mediation

techniques and for this purpose they have to take continuous training

courses under the conditions established by the Mediation Council”.

Moreover, by applying the legal provisions according to Directive

2008/52/EC of the European Parliament and of the Council of May

21st, 2008 on certain civil and commercial aspects of mediation,

published in the EU Official Journal no. L136/3 of May 24th,

200852/2008 of the European Parliament, the Mediation Council

decided on May 8th, 2010 to establish the consultative commission on

the training quality so that a permanent dialogue is maintained

between the Mediation Council and the mediation offices /

9 http://www.cmediere.ro/page/124/ghid-de-parcurgere-a-procedurii-de-

autorizare-actualizat-la-31-03-2013-, 10

Article 34 din Law no. 192/2006 on the mediation activity and the

organization of the mediator profession, published in the Official Gazette

No. 441 of May 22nd, 2006, with current amendments and completions



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associations on topics regarding the mediators’ initial and continuous

training as an essential part of the profession of high-quality

mediation services in Romania. Therefore, each year the mediator has

to accumulate at least 20 professional points11

by attending

continuous training courses, conferences, workshops, seminars, etc.

(Table 1).

Table 1

No. Activity No. of points granted

1 Attending conferences, round

tables, symposiums, etc.

0.5 professional points

granted / hour of

participation

2 Continuous training courses 1 professional point / hour

3

Presentation of works and

materials during conferences,

etc.

5 professional points for one

presentation

4 Presentation of mediation PhD

works 80 points

5 Publication of articles in the

ADR field 5 points / article

At the moment the Mediation Council website includes a

public debate on the new bylaws applicable to mediators12

where the

11

Article 52, paragraph 13 in the Rules for the organization and functioning

of the Mediation Council 12

http://www.cmediere.ro/page/827/-statutul-profesiei-de-mediator---

proiect-rezultat-in-urma-sedintei-comisiei-consultative-a-corpului-

profesional---brasov-17-11-2012.

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accumulation of the 20 professional annual points corresponding to

the continuous training remains a mandatory condition.

The mediator’s failure to comply with the obligation to

permanently improve his/her knowledge leads to a written warning,

fine or suspension of his/her right to practice the profession for a

period ranging between 1 and 6 months, as applicable.

The mediators whose names are registered in the Table of

Authorized Mediators13

, hereinafter referred to as the Table, have the

obligation to pay an annual professional fee in order to be allowed to

practice their regulated profession as authorized mediators. The

annual fee14

for the maintenance of the professional authorization is

of RON 300 at the moment.

The data in the Table are updated upon the request made by

the Mediation Council or whenever the applications initially filed by

the mediator change.

1.3 Landmarks for the mediator profession in the

European Union states

The mediator profession is not being regulated in the Czech

Republic, Spain, the Netherlands, Denmark, Germany, Great Britain

13

http://www.cmediere.ro/mediatori/ 14

You may also see the webpage http://www.cmediere.ro/page/228/taxele-

percepute-de-consiliul-de-mediere-incepand-with-anul-2012-conform-

hotararilor-nr-196-and-197-din-25-02-2012-723-din-23-02-2013

http://www.cmediere.ro/page/228/taxele-percepute-de-consiliul-de-mediere-incepand-cu-anul-2012-conform-hotararilor-nr-196-si-197-din-25-02-2012-723-din-23-02-2013



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and Portugal, therefore the access to this profession consists in the

fulfilment of practice conditions that are similar to those applicable

for the citizens in the host countries. Below you shall find the

institutional mediation framework and the conditions applicable to

the training activity in the EU states where the mediator profession is

not being regulated. The mediators have to comply with the rules in

the Code of Conduct specific to each state or professional mediation

association in which they might practice their profession.

Denmark

In Denmark the services provided by a private mediator may be

used. The mediation as a private activity is not being regulated under

the law and the costs have to be borne by the parties. Inter alia the

law states that there is a way to amicable solve (mægling) the civil

cases already brought to local courts (byretterne), regional courts

(landsretterne) or the Maritime and Commercial Tribunal (Sø‑ og

Handelsretten) and to use mediation in criminal cases as part of the

Mediation Committee (konfliktråd). Law no. 467 of June 12th, 2009

on mediation in criminal cases – which came into force on January

1st, 2010 – provides a permanent regime at national level for

mediation activities in criminal cases. Therefore, in each territorial

area, the police chief commissioner establishes a mediation

committee where – in the case of a criminal act – the victim and the

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author may join before a neutral mediator. The mediation activities

within the mediation committee take place only upon the parties’

consent.

Mediators’ training. The following people may be appointed

as mediators: judges or deputy judges of that court or attorneys

authorized by the Danish Department for Legal Services

(Domstolstyrelsen), as mediators in the territorial area of that court.

Germany

On July 26th, 2012 a law regarding the mediation activities

(Mediationsgesetz) came into force for the first time in Germany; it

was published in the Official Journal (Bundesgesetzblatt) I¸ p. 1577)

and transposes into the national legislation Directive 2008/52/EC of

the European Parliament and of the Council of May 21st, 2008 on

certain aspects of mediation in civil and commercial matters,

published: OJ L 136, 24.5.2008, p. 3. The scope of the German

Mediation Act goes beyond the requirements in the European

directive. While Directive 2008/52/EC of the European Parliament

and of the Council of May 21st, 2008 on certain aspects of mediation

in civil and commercial matters is only focused on the cross-border

disputes in civil and commercial maters, the German Mediation Act

covers all forms of mediation in Germany, irrespective of the dispute

type or residence of the parties involved. The German Mediation Act

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only includes general provisions as the mediators and the parties

involved need sufficient room for manoeuvre during the mediation

process. The mediators are independent and impartial persons without

any power to decide, who only guide the parties involved during the

mediation procedure. The act refrains from establishing a precise

code of conduct for the mediation procedure and sets a series of

obligations in the information disclosing matters and restrictions on

the activity so that the independence and impartiality of the mediator

profession are protected. Moreover, the legislation formally forces the

mediators to keep the confidentiality of the information related to

their clients.

The act promotes the amicable settlement of disputes by

including in the official procedure codes various incentives (i.e., the

Civil Procedure Code, Zivilprozessordnung). Therefore, when the

parties file a civil case to the court, they have to state whether or not

they have already tried to settle their dispute by using extrajudicial

ways such as mediation.

The federal government has the legal obligation to submit a

report to the Bundestag (the lower house of the Parliament) on the

impact of the act within maximum five years since its application.

Moreover, the mediator profession is not being regulated, so that the

Government has to decide whether or not to include additional

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legislative actions for the mediators’ professional training and

improvement.

In general, mediation may be used in all areas where the

parties have the permission to also use other means besides the

judicial ones in order to solve the disputes or other issues between

them. The mediation process is the most common activity in the

family law, the succession law and the commercial law. Numerous

organizations provide mediation services:

1. the Federal Association for Family Mediation15

2. the Federal Mediation Association

16

3. the Federal Mediation

Association in Economic and

Professional Environment17

4. the Mediation Centre18

5. the Association of German Lawyers19

Mediators’ training. The training courses are organized by

associations, universities, enterprises and individuals and there is no

15

Bundes-Arbeitsgemeinschaft für Familien-Mediation e.V.: BAFM,

Eisenacher Straße 1, 10777 Berlin 16

Bundesverband Mediation e.V.: BM), Kirchweg 80, 34119 Kassel 17

Bundesverband Mediation in Wirtschaft und Arbeitswelt e.V.: (BMWA),

Welserstraße 9, 86368 Gersthofen 18

Centrale für Mediation GmbH & Co. KG - CfM - Gustav-Heinemann-

Ufer 58, 50368 Köln 19

Arbeitsgemeinschaft Mediation im Deutschen Anwaltverein, Littenstraße

11, 10179 Berlin

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regulation at national level. Most of the times the mediation process

is provided by the lawyers, who prove to be able to manage a conflict

between the parties.

Great Britain.

In the United Kingdom, the mediation process is specifically

provided in the jurisdiction of England and Whales. The Justice

Department is liable for the mediation policies.

In order to assure the quality of the mediation process, which

is recommended by court in civil disputes (except for family

disputes), the authorities have coordinated their activity together with

the Civil Mediation Council (CMC) in order to include an

accreditation program. CMC is an organization representing

mediators in civil and commercial matters. At the moment, the courts

forward the cases only to the mediators who are accredited by the

CMC.

Regarding the family disputes, the mediation process is self-

regulated and consists in a series of member organizations or

accreditation bodies the mediators are affiliated to. These bodies

joined their forces and formed the Family Mediation Council (FMC)

in order to harmonize the family mediation standards.

Although FMC is a non-governmental body, it plays an

essential part among the member organizations, out of which the most

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important are: Alternative Dispute Resolution Group - ADR Group,

Family Mediation Association, National Family Mediation, UK

College of Family Mediators, Resolution, The Solicitors’ Regulation

Authority’s Family Mediation Accreditation.

The main fields in the mediation process are the

civil/commercial law, the mediation in family, work-related and

community matters. The Civil Procedure Rules (CPR) regulate both

the practice and the procedure that have to be complied with in the

civil sections of the Court of Appeal, the High Court and the county

courts. To the same extent, just as the civil procedure rules, the family

procedure rules encourage the use of alternative ways for dispute

settlement. In addition, the rules regarding the financing out of public

funds (mandatory for those who use the public funds in order to bring

cases to court) ask the parties in a family dispute to use public funds

mainly in other to attend a reunion in order to discus the family

mediation as an alternative before taking their case to court. For this

purpose, in certain cases the family mediation may be a preliminary

condition for bringing the case to court.

For the mediators in England and Whales there is no national

code of conduct. However, in order to be accredited by the CMC, the

civil mediation service provider has to accede to a code of conduct –

usually the EU Code of Conduct. FMC also has to make sure that its

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members (practitioners in the family mediation field) accede to the

FMC Code of Conduct.

Mediators’ training. In England and Whales there is no

national body for the training of civil mediators. The mediators are

trained in the private sector that is not being regulated.

The professional body is self-regulated and provides training

for its own members. The family mediators come from a variety of

fields: legal, therapeutic, including social services and there are no

legal requirements saying that they have to attend specialized training

courses. However, various organizations provide accreditation / the

right to become a member in that organization / association and they

organize their own training courses and have their own training

standards that include initial and continuous training requirements.

The Netherlands.

Although the Netherlands can be considered the homeland of

mediation, the profession is not being regulated, but there is a certain

initiative regarding the mediation upon a proposal issued by a court,

the so-called “Mediation naast rechtspraak”. This means that the

territorial court or the court of appeal instrumenting the case notifies

the parties that hey might chose to go through a mediation process.

The court can do this in writing and in such a case both parties shall

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receive a notice accompanied by a leaflet providing them with

information, the self-assessment prior to mediation and a response

form.

In the Kingdom of the Netherlands, mediation is always

possible and is used most of the times in civil law and public law

actions. Mediation is extremely easy as each district court and court

of appeal includes a mediation officer who can answer questions,

forward mediation proposals to the other party or help the parties in

finding a mediator.

Mediators’ training. The governmental body in charge with

the training of mediators in the Netherlands is the Netherlands

Mediation Institute (NMI)20

. The NMI database includes data

pertaining to all the qualified mediators in the Netherlands and can be

found in the “NMI Register of Mediators”. The mediators may

register at NMI and afterwards they have to accede to the mediators’

code of conduct. The registration is voluntary (just as the accession to

the code of conduct), but if a mediator wants to work for the Dutch

financed legal assistance system or after receiving a request from a

court, he/she has the obligation to register his/her name at the NMI

and has to hold the proof of his/her accreditation as a mediator.

20

Westblaak 150, 3012 KM, Rotterdam. Mailing address: PO Box 21499,

3001 AL Rotterdam. Tel: 010 - 201 23 44, Fax: 010 - 201 23 45, E-mail

[email protected]

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The mediators registered at NMI are trained and qualified for

practicing their profession as mediators pursuant to the NMI

mediation rules. Upon registration they undertake to comply with the

NMI quality assurance system. In order to be recorded in the NMI

register as a mediator, the person has to fulfil two basic conditions:

the first condition is that he/she has to have successfully graduated a

mediators’ training course accredited by NMI or to take an

assessment test on the necessary knowledge and the second condition

is that he/she has to take a test assessing the relevant knowledge. NMI

has also accredited other mediators’ training institutions. The training

programs range from 6-day basic classes, plus night classes to classes

that take 20 days or more. The assessment instrument was developed

for NMI by the Leiden University. The knowledge test includes 50

multiple-choice questions as well as five case studies. The relevant

knowledge is included in the “Mediation Handboek” course

published by the Sdu Uitgevers Publishing House in the city of

Hague.

Portugal

Portugal has a governmental body in charge with the regulation

of the mediation activities – the Office for Alternative Dispute

Resolution (GRAL = Gabinete para a Resolução Alternativa de

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Litígios), which also provides lists of mediators. However at national

level there is no code of conduct for the mediators and they carry out

their activity pursuant to the European Code of Conduct for

Mediators. As applicable, certain legal and administrative structures

define their own activities and mandatory requirements for the

practicing of this profession. There are no instructions for the

mediation sessions or methodologies that can be used for a

constructive communication or relationship with the parties. The

mediators’ conduct is monitored by a public mediation system and

the type of the mediation public system used depends on the field in

which the mediator caries out his/her activity. The public system

includes a supervision committee monitoring the mediation activity.

In other words, the criteria applied during the training of mediators

have been designed to instil the ethics and principles laid down in the

European Code of Conduct for Mediators.

Portugal has adopted public actions for increasing the number

of cases using the public mediation systems in certain areas of the

law, i.e. cases of family, work, criminal, civil and commercial

matters. The mediation of the family, work and criminal matters hold

their own structures with mediators who are specialized in these

fields. The civil and commercial mediation takes place as a part of a

judicial process at the Peace Courts (Julgados de Paz).

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Mediators’ training. Portugal has no national body for

training mediators and their training is provided by private bodies

accredited by the Justice Department. The accreditation requires a

certain number of hours of study, certain teaching procedures and a

specific curriculum of the program.

The mediation trainers in the private bodies, who are

candidates for becoming part of the GRAL listings, have to fulfil the

training criteria. The training program guarantees that they have the

capacity and professional credibility to settle disputes in family,

work, criminal and civil matters through mediation.

Spain

In Spain there is no mediation law yet, although the Ministry of

Justice is now working on transposing Directive 2008/52/EC on

mediation. However the Spanish legal system provides that for

certain cases of disputes related to the labour law that the mediation

process is mandatory prior to going to court. For this purpose Spain

has mediation bodies specialized in labour-related disputes. At

national level the Interconfederal Mediation and Arbitration Service

(el Servicio Interconfederal de Mediación y Arbitraje SIMA)

provides free of charge mediation services for settlement of disputes

outside the court competence.

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In the field of civil and family disputes the mediation process

is not being expressly regulated by the civil legislation although the

parties may always resort to mediation and ask for a suspension of the

trial.

The services provided for family mediation significantly

differ from one Autonomous Community to another and they may

even vary within the same Community. In certain Autonomous

Communities, the Community itself is the one providing this service

(such as Catalonia) while in others the family mediation services are

provided by the city halls. The General Council of the Judicial Power

supports and supervises the mediation initiatives taking place in

various Spanish courts with the support from the Autonomous

Communities, the universities, the city halls and associations. The

mediation of criminal conflicts is meant to provide the law breaker’s

reintegration into the society and the victim’s compensation.

Regarding the minors’ justice (with ages between 14 and 18

years), the mediation process is expressly defined as a means to re-

educate the minor. In this context, the mediation is provided by teams

supporting the Public Prosecutor's Department for Minors (Fiscalía

de Menores).

Regarding the adults’ justice, the mediation process is not

being regulated, although in practice the mediation activities are

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based in certain provinces on criminal regulations and procedures

allowing the conformity and reduction of punishment by remedial of

the prejudice caused.

Mediators’ training. In general, the mediator has to be a

graduate from higher education institutions or at least from secondary

schools and to have attended also mediation training programs

including hands-on activity of more than 100 hours. The mediation

training program is usually provided by universities and professional

associations such as those for psychologists or lawyers.

As far as Italy is concerned (which is the 8th European

country referred to in these Guidelines where the mediator profession

is being regulated) a separate analysis shall be done in Chapter II.

II. Validation / certification procedures for

competences applied by the competent authorities in

the countries where the mediator profession is being

regulated

Italy and Romania are the only EU countries where the

mediator profession is being regulated21

. Since 2010 Italy has

succeeded in harmonizing its national legislation with the European

Commission legislation, Directive 2008/52/EC of the European

21

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=

profession&id_profession=12259

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_profession=12259

http://ec.europa.eu/internal_market/qualifications/regprof/index.cfm?action=profession&id_profession=12259

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Parliament and of the Council of May 21st, 2008 on certain aspects of

mediation in civil and commercial matters, published in the EU

Official Journal no. L136/3 of May 24th, 2008.

Although the mediation concept has been applied in Italy for

a long time (in the family, civil, commercial, social matters, etc.), the

Italian lawyers have been divided into 2 groups: the pro-mediation

group and the counter-mediation group. After the European

Commission published the EC Directive 2008/52, the mediation

process has been promoted for its multiple advantages and the

professionals in the Italian legal system have been organized into

mediation associations (Alternative Dispute Resolution) - ADR.

Similar to the current situation in Romania, in Italy the

Decree no. 28 of March 4th, 2010 requires the attorneys to provide

their clients with advice – where applicable – in order to settle their

disputes through mediation. This mandatory counselling increases the

help received by the clients from their attorneys during the promotion

of the quick settlement of disputes.

2.1 Mediation legislative framework in Italy

In Italy, the mediation process has recently been given priority

but has been used for approximately 15 years with legislative roots

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starting with 1931 [2]. Chronologically speaking, the legislative bases

are the following22

:

1931 – the “Public Safety Act” for the mediation processes

used by the public safety officers;

1940 – the “Civil Procedure Code” for the mediation process

used as a final-procedural procedure before the judges;

the 60’ – mandatory requirements for mediation of work-

related disputes;

1992 – “Law no. 580” on the ability of Chambers of Commerce

in Italy to establish arbitration chambers;

2003 – “Legislative Decree no. 5” for mediation in corporate,

financial and intermediation matters;

2004 – “Law no. 129”, franchise regulation rules;

2005 - “Legislative Decree no. 206”, the so-called “Consumer

Code”;

2006 – “Law no. 54”, the provisions on separation from parents

and children in custody;

2006 - “Law no. 55”, amendments to the Civil Code in relation

to the “family pacts”;

22

http://www.mediate.com//articles/BruniA2.cfm

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2007- “Legislative Decree no. 179”, cu privire la instituirea

unui arbitraj si Mediere Camera that is part of the “Italian Companies

and Stock Exchange Commission (CONSOB)”;

2009 - “Law no. 69”, mediation recognized in each civil and

commercial dispute following the harmonization of the national

legislation with the European legislation;

2010: “Legislative Decree n. 28”, regarding mediation in civil

and commercial disputes;

2011- “Decree no. 180 issued by the Ministry of Justice”,

providing explanations for the interpretation of Decree no. 28/2010;

2011 - “Legislative Decree n. 145” on the integration of the

rules laid down in the Legislative Decree no. 28/2010;

2011 - “Law no. 148”, Article 35 – the integration of the rules

laid down in the Legislative Decree no. 28/2010.

Prior to the final Italian law, the Legislative Decree no. 28 of

March 4th, 2010, the mediation process used to be called

“reconciliation”, and the mediation term used to have more relevant

meanings, applicable only to brokerage and family legislation

matters. However, with the new law, the word “mediation” refers

mainly to the civil and commercial cases according to the official

Italian wording of the EU Directive 2008/52. At the moment the

mediation process is applied to civil, commercial, corporate,

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financial, banking or social disputes. However, the word

“conciliation” is still applied to the justice work or disputes related to

the consumer protection matters.

The mediation activity in Italy is considered by the law as

“voluntary” for all disputes but for the case to be admitted to court it

is “mandatory” for certain disputes regarding: condominium, real

property, division, hereditary succession, family agreements, leasing,

loan, lease of companies, damages arising from medical liability,

defamation through media or other means of advertising, prejudices

caused by vehicles and boats, insurance rights, banking disputes and

financial agreements. The parties involved in such matters have to try

first to find a solution through mediation before taking their cases to

the Italian courts.

If a party goes directly to court, the judge has the right to

reject the case and to refer it to undergo mediation. The mediation

process has to be coordinated by one of the ADR providers who are

accredited by the Italian Ministry of Justice. The mediation process

may usually last up to 4 months and after the expiration of this term it

is deemed as ended.

2.2 Mediators’ training in Italy. According to the Italian

legislation, the ADR bodies have to registered, to present their

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training programs to the Italian Ministry of Justice and also to

implement – at organizational level – a quality management system

for the training courses they provide. Only the ADR bodies recorded

in the Ministry of Justice Register may act as training service

providers (through their accredited mediators) in civil and

commercial matters and in other disputes regulated by the current

legislation. The mediator profession is deemed as being regulated and

the mediators are monitored by the ADR providers they are affiliated

to and indirectly by the Ministry of Justice. According to the law, the

minimum standard for the training of mediators in civil and

commercial matters is to take a course23

of at least 50 hours. After

the initial training, every 2 years the mediators have to attend a

continuous training course in the mediation field, which has to last at

least 18 hours. The courses have to be organized by the ADR

providers who are accredited by the Italian Ministry of Justice.

On the mediation trainers’ educational market there are

various authorized courses with different durations, such as the 54-

hour course organized by the Surgeons’ Society or the 120-hour

course organized in family matters.

23

Corso dii alta formaziione per mediiatore professiioniista, Esperto nella

gestione e risoluzione delle controversie civili e commerciali, accrediitato

dal MIINIISTERO DELLA GIIUSTIIZIIA

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The competent authority for the recognition of the mediator

profession is the Italian Ministry of Justice, which holds a register for

the recording of mediation trainers24

.

In order to practice the mediator profession in Italy, the

recognition is automatically done based on the professional

experience according to Annex IV in Directive 2005/36/EC of the

European Parliament and of the Council of September 7th, 2005 on

the professional qualification recognition.

III. Recognition processes for qualifications

achieved in other EU Member States

3.1 Mediator profession recognition procedure

The mediator profession recognition achieved in other EU

Member States is done in Romania by the Mediation Council and the

mediator profession is part of the regulated profession category

asking the applicant to have at least three years of higher education25

.

At the Mediation Council, the recognition of the mediator profession

is done in two phases by following a procedure taking into account

24

http://www.giustizia.it/giustizia/it/mg_1_10_1.wp;jsessionid=B4223E1F98

3D1766804999D8BAB21D5E.ajpAL01 25

http://cnred.edu.ro/#Profesii-reglementate

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that the EU citizens have to fulfil the same conditions as the

Romanian citizens.

Stage I. The national submits the documents for his/her

qualification for the mediator profession, which he/she obtained in

his/her country of origin or any other EU state and their recognition.

Submitted documents: an application for the confirmation that

the conditions laid down in Article 7, letters a-f in Law no. 192/2006

are met – a standard form accompanied by the following:

- birth certificate, ID Card or passport – translated and

legalized by a Notary Public;

- certificate of criminal record issued by the authorities in the

country of provenance – translated and legalized;

- statement given by the national before a Notary Public

saying that he/she has no criminal history – the statement may be

given before a Notary Public Office in Romania;

- certificate of competence issued by the European trainer

that has to comply with the national legislation in force in that state –

translated and legalized;

- certificate for recognition of mediation training program

(issued by the institutions having organized the training courses) –

translated and legalized;

- medical certificate – translated and legalized;

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- higher education degree for at least three years – translated

and legalized;

The case is deemed as having been settled when the

Mediation Council issues a Resolution based on Article 8, paragraph

2 in the Law no. 192/2006 on the mediation activity and the

organization of the mediator profession.

Stage II. The approval of the form for permanent practicing of

the mediator profession in Romania.

In order to have the right to practice his/her profession, the

national has to be registered in the Table of Mediators and for this

purpose he/she shall submit the same documents as those submitted

by a Romanian citizen, i.e.:

- approval application – standard form

- proof of having paid the registration fee – amounting RON

880 at the moment

- statement on the registration of his/her personal data in the

Table of Mediators – standard form

- document confirming the establishment of his/her

Mediation office

- loan for use contract for the office premises

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If the submitted file is approved and the Mediation Council

issues a Resolution, the national shall receive a certificate substituting

the free practice authorization in Romania.

3.2 Application to SOLVIT

SOLVIT is a problem solving network within which the EU

Member States and other three countries (Iceland, Lichtenstein,

Norway) cooperate without using legal procedures in order to solve

the problems arising due to the inappropriate application by the

public authorities of the legislation regarding the internal market.

SOLVIT deals with the cross-border problems between an

enterprise or a citizen (on one hand) and a public authority (on the

other hand) where there is the possibility that the community

legislation was incorrectly applied. The fields where the problems

are very frequent and where there are complaints to be treated via

SOLVIT are as follows:

• the professional recognition of qualifications and diplomas /

degrees;

• the access to education;

• residency permits;

• the rights to vote;

• the social security;

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• the rights to occupy a position;

• the driver’s licenses;

• the registration of motor vehicles;

• the border control;

• the access of products to the market;

• the access of services to the market;

• settling down as an independent;

• public procurements;

• taxation;

the free movement of capitals and payments;

In each of the EU Member States and the three countries

mentioned above there is a SOLVIT centre providing these services

free of charge.

The contact details for the SOLVIT centre in Romania are:

Guvernul Romaniei, Departamentul pentru Afaceri Europene, Bvd.

Aviatorilor nr. 50A, Sector 1, Bucuresti 011854, Romania, Tel.:

+4021.308.53.60, Fax: +4021.318.55.24, E-mail: [email protected].

The diagram26

for the resolution of the applications filed by

the nationals coming to Romania, who believe they have been

26

Romulus BENA, Prezentarea SOLVIT la Conferinta de promovare a

Sistemului IMI PQ NET Romania, September 20th

, 2012 Neptun.

mailto:[email protected]

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wronged by the incorrect application of the internal market

legislation, is provided in Figure 1.

Any complaint sent via SOLVIT is solved by following four

stages:

Stage 1 – the acceptance of the case based on the verification

of the action legality and if the documents included in the application

by the centre of origin are not sufficient, additional documents are

requested;

Fig. 1 Complaint resolution via SOLVIT

Stage 2 – the receipt of the solution: the competent authority

involved in the filed case is contacted and cooperates so that the

proper solution is found pursuant to the European legislation;

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Stage 3 – the proposal of the solution (implemented or not),

which has to be real, practical and consistent with the European

legislation;

Stage 4 – the monitoring of the solution if it was not

implemented when making the proposal.

A case is deemed as having been solved only when the solution

is implemented and solves the applicant’s problem.

For the Romanian citizens who want to use SOLVIT in an EU

Member State, the contact details regarding the national points and

the contact persons may be found on the European Commission

webpage27

. The EU Member States have to intensify their efforts in

order to make sure that the individuals and companies can effectively

make use of their rights related to the unique market, guaranteeing an

effective application and the execution of the legislation regarding the

unique market by the national courts by providing high-quality e-

governing information, instruments and procedures, as well as by

making investments into mechanisms designed for quick solving of

problems.

The SOLVIT potential is still insufficiently exploited as a key

instrument for solving problems at national / European level, partly

27

http://ec.europa.eu/solvit/site/centres/addresses/index.htm#Romania

http://ec.europa.eu/solvit/site/centres/addresses/index.htm#Romania

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because of the insufficient number of employees working for the

various SOLVIT centres and at the same extent due to the insufficient

information of the European citizens on the competences of these

centres.

However the SOLVIT Centres undertake to provide first class

services and have agreed to comply with certain performance and

quality standards in solving problems, such as:

- the SOLVIT Centre can be contacted by telephone, fax or e-

mail and they provide a concise answer;

- the problem is solved within maximum ten weeks

- they send automatic electronic messages whenever there is a

progress

- they provide information on the procedure to be followed for

the person to benefit from the proposed solution.

If the case cannot be solved by the network, the SOLVIT local

center shall try to find another way to solve the claim.

IV. Practicing the mediator profession in the

European Union

Most of the organizations providing mediation services ask

the mediators working under their supervision to comply with the EC

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Code of Conduct – the European Code of Conduct for Mediators28

(ECCM). Therefore, all the organizations carrying out mediation

activities provide the parties with information on the training,

assessment and monitoring of their activity and the actions they take

so that they make sure that each and every mediator complies with

the Code. In the meaning of the ECCM, mediation means any

structured process, irrespective of its name or how it is referred to, in

which two or more parties in a dispute try themselves and out of their

initiative to reach an agreement for settling the dispute between them,

with the support provided by a third party – hereinafter referred to as

the “mediator”. The acceptance of a code of conduct implemented by

a mediation organization does not prejudice the internal legislation or

the rules regulating certain professions.

The most important topics that should be monitored according to

ECCM are the following:

4.1. Mediators’ competence, appointment and fees, the

promotion of their services

Competence. The mediators have to be competent and to be

very familiar with the mediation process. They have to have proper

training and to constantly improve their theoretical and practical

28

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knowledge taking into account the relevant accreditation standards or

systems.

Appointment. Prior to accepting the appointment, the

mediators have to verify whether or not they have the qualification

and competences they need for mediating a certain case. Upon the

parties’ request, they have to provide the parties with information on

their qualification and experience.

Fees. Unless already established, the mediators should always

provide the parties with full information on the way they want to be

compensated. They should not accept to become part in a mediation

process unless all the parties involved have agreed upon the ways

used for the determination of their remuneration.

Promotion of mediators’ services. The mediators may

promote their activity provided that they do this in a professional, fair

and dignified way.

4.2. Mediators’ independence and impartiality

Independence. If there are circumstances that might affect

the mediator’s independence, give rise to a conflict of interests or be

perceived as such, the mediator has to disclose such circumstances to

the parties before doing or continuing in doing anything, as

applicable. Such circumstances include:

- any personal or business relationship to one of the parties;

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- any financial or other kind of interest directly or indirectly

linked to the result of the mediation process;

- the fact that the mediator or any person in his/her company

has acted in any other position for one or more of the parties.

In such cases the mediator cannot accept any action or – as

applicable – cannot continue doing any action unless he/she is sure

that he/she is capable to providing mediation services that are fully

independent so that the impartiality is completely guaranteed and

only if the parties involved in the mediation process give their express

consent thereof.

Impartiality. The mediators have to always act impartially.

Moreover, they have to commit themselves in serving all parties in a

fair manner throughout the mediation process.

4.3. Mediation process and settlement

Procedure. The mediator has to make sure that the parties

involved in the mediation process properly understand its

characteristics and the roles the mediator and each party in the

process play. In particular, the mediator has to make sure that before

the mediation process starts, the parties expressly understand and

accept the terms and conditions of the mediation agreement,

including all the provisions applicable to the confidentiality

obligations the mediator and the parties have. Upon the parties’

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request, the mediation agreement may be written. The mediator has to

make sure that the proceedings are properly performed while taking

into account the circumstances of the case, including the potential

imbalances between their power and any desire expressed by the

parties, the rule of law as well as the need to rapidly settle the dispute.

The parties may agree together with the mediator on the way the

mediation process should advance by using a set of rules or any other

method.

Fairness of the procedure. The mediator has to make sure

that the parties involved benefit from the right opportunities for them

to attend the mediation process. Therefore, the mediator has to inform

the parties and may suspend the mediation process when:

- the solution found seems impossible to be executed or

illegal;

- he/she believes that a solution is not likely to be found if

the mediation process continues.

Procedure completion. The mediator has to take all the

necessary actions in order to make sure that whatever the concluded

agreement is, the parties consent to it being fully aware of its

provisions and fully understanding its terms.

4.4 Mediator’s confidentiality

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The mediator has to keep the confidentiality of the

information resulting from the mediation process or related to it,

including the fact that the mediation would take place or has already

taken place, unless there is an obligation that has a legal feature or is

justified by public order reasons for disclosing such information. No

information disclosed to the mediator by any of the parties as being

confidential should be communicated to the other parties without

permission, unless there is a legal obligation for its disclosure.

Conclusions

The high rate of disputes both between the citizens and between

the organizations, which go to court, make the mediator profession

becoming a necessity at EU level, so that a large portion of the cases

already brought to court is transferred to the mediation offices,

leading to the deflating of the cases pending settlement in courts. For

this purpose Directive 2008/52/EC of the European Parliament and of

the Council of May 21st, 2008 on certain aspects of mediation in civil

and commercial matters, published in the EU Official Journal no.

L136/3 of May 24th, 2008 provides a community acquis in the

mediation field and tries to implement a set of rules in the national

legislations, rules that are considered to be fundamental for the

success and quality of the mediation process. Therefore, the following

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aspects are to be harmonized in each Member State through Directive

2008/52/EC:

the mediators’ training and improvement so that they can

provide quality mediation services satisfying the parties involved in a

dispute and create a trustworthy social climate during the mediation

processes;

to give the judges the opportunity to present the parties

involved with an invitation so that they can use the mediation option if

it is regarded as fit for the circumstances applicable to the case

pending settlement in court;

the completion of the mediated disputes by following up the

contract signed during the mediation process, which can even become

biding if both parties request this;

the mediation confidentiality to be guaranteed and protected –

the Directive states that the mediator cannot be forced to submit

evidence in court on things to be covered during a future dispute

between the parties involved in that mediation process;

the assurance that, even if the parties make use of the

mediation option – they do not lose their right to go to court if any of

them is not satisfied with the final result of the mediation process.

Although the mediator profession is being regulated only in

two European countries, Romania and Italy, most of the Member

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States have their own rules providing for both the mediators’ training

and for the mediation process; in some cases the mediation is

mandatory, like it is in Spain, for conflicts in the labour field or in

Italy for disputes regarding: condominium, real property, division,

hereditary succession, family agreements, leasing, loan, lease of

companies, damages arising from medical liability, defamation

through media or other means of advertising, prejudices caused by

vehicles and boats, insurance rights, banking disputes and financial

agreements.

In each state the mediator profession recognition is done if the

nationals comply with the conditions that have to be fulfilled by its

own citizens by applying the principles of transparency, non-

discrimination, objectiveness and proportionality.

In Romania and Italy the profession has been regulated, there

are competent authorities, the Mediation Council and the Italian

Ministry of Justice respectively. Moreover, the national legislations

have been harmonized with the European legislation.

In Romania the recognition is done through the application of

the general system, i.e. by analyzing each application and the

application of compensatory actions.

In Italy, the mediator profession recognition is done

automatically based on the professional experience and pursuant to

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Annex IV in Directive 2005/36/EC of the European Parliament and of

the Council of September 7th, 2005 on the recognition of professional

qualifications.

Most of the European countries have their own rules for

people to have access to the mediator profession and codes of conduct

that are consistent with the framework document called the European

Code of Conduct for Mediators (ECCM).

Bibliographic Sources

1. Bruni A., Mediation in Italy, part. 1, 2, December 2011;

2. Dumitriu I., L29.5, Structura standard si metodologia de elaborare

a ghidurilor de certificare si recunoastere pe profesii, 2013

3. Ionescu N., Materialul suport cu propunerea de termeni de

referinţă standard orientativi pentru procedurile de validare şi

certificare a competenţelor şi procesele de recunoaştere a

calificărilor, 2013

4. Mediation Country Report Italy, by ADR Center;

5. Jürgen T.,Thomas W., EU law on the recognition of professional

qualifications 1 Presentation by, PPF-EPC Roundtable “Mobility of

the Skilled Workforce“ on 29-30 September 2009, Brussels;

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6. European Code of Conduct for Mediators, European Commission,

July 4th, 2004;

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List of acronyms used

IMI - Internal Market Information System;

IMI PQ NET Romania – the project called “Creation and

consolidation of the IMI network for the Professional Qualifications

in Romania";

MS – European Union Member States;

EU – European Union;

COSA – Council for Occupational Standards and Assessment;

RNEODM – National Register of Organizations in Mediation;

CMC – Civil Mediation Council in Great Britain;

FMC – Family Mediation Council in Great Britain;

NMI – Netherlands Mediation Institute;

GRAL – Office for Alternative Dispute Resolution in Portugal;

ECCM – European Code of Conduct for Mediators;

ADR – Mediation Organizations (Alternative Dispute Resolution);

SIMA - Interconfederal Mediation and Arbitration Service in Spain;

SOLVIT - The network financed by the European Commission for

supporting the citizens and enterprises if there is a dispute between

them and an official body in any of the EU Member States.

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Mediator profession

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