On November 21, 2017, the Chamber of Commerce and Industry of the Republic of Moldova held another meeting with representatives of a group of companies – members of the CCI of RM with the leadership of the Mediation Center and the International Commercial Arbitration Court of the CCI of RM.
The Director of the Mediation Center of the CCI of Moldova, Mr. Lefter Dumitru, pointed out that: mediation is an alternative form of dispute settlement between two or more parties wishing to reach a settlement with the help of a third person certified according to the provisions of the legislation in force, as a mediator. The parties may resort to the mediation both in respect to litigations in court and for disputes in respect of which no appeal has been filed. Mediators of the Mediation Center are trained both nationally and internationally by the Centre for Effective Dispute Resolution in London (CEDR), mediator training center, offering accreditation recognized internationally, its an organization that has over 24 years of experience in dispute resolution, conflict management , training and civil justice systems.
The President of the International Commercial Arbitration Court of the CCI of the Republic of Moldova, Mr. Postovan Dumitru, emphasized that: the International Commercial Arbitration Court of the Chamber of Commerce and Industry of the Republic of Moldova was established in 1994 for the administration of commercial arbitration for the purpose of settling disputes of foreign trade and domestic disputes, being a permanent arbitration institution without legal personality, non-governmental and independent in the exercise of its functions.
The emergence of a new legal framework on mediation and arbitration in the Republic of Moldova is the result of a series of legislative and organizational efforts, constituting a response to the existing national and judicial reforms in the Republic of Moldova. Thus, the role of mediation and arbitration tends to become more and more important in a society torn by multiple cases pending in court, which are beyond the physical capacity of judges.
Among the advantages of these two institutions are:
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Mediation
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Arbitration |
| • impartiality of the mediator;
• privacy vis-à-vis both the adverse party and third parties; • litigation resolves in limited terms; • the parties themselves determine their solution by being the judges of their own litigation; • the mediation transaction has enforceable force; • low costs; • If the litigation is pending in court, the state fee is refunded following the mediation of the case (court – 100%, appeal – 75%, recourse – 50%); • the possibility of corruption is excluded; • Relations between the parties to the litigation are good, because no party loses the case (win-win principle), etc |
• the procedure is faster and less formal;
• meetings are confidential and not public; • arbitrators have specialized competence, having both national and international experience; • parties designate their own arbitrators; • low costs; • Arbitration decisions have wide international recognition, being final and binding, etc. |
The Chamber of Commerce and Industry of the Republic of Moldova considers that it is important for the business community to know more about the possibility to solve its disputes through extrajudicial channels. In order to inform, promote and improve the mediation and arbitration of the chamber institution, similar information meetings will be held in future.
