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Mediation services for Bucharest’s Sector 3 Court, within the Ministry of Justice’s pilot-project concerning the drafting of a law on introducing mediation into courtsMediation services for Bucharest’s Sector 3 Court, within the Ministry of Justice’s pilot

Duration


01.06.1999-31.03.2000


Purpose


The project was initiated and coordinated by the Ministry of Justice with the purpose of drafting a law referring to mediation. The law was to be based on the experience gathered by practically testing how mediation can be used in Bucharest’s Sector 3Sector Court.


Activities


This project comprised two modules: a consultancy module and an assistance module.

The consultancy module consisted of the following activities:
    • Consultancy offered to Ministry of Justice experts in order to draft the project proposal, to manage the project and to create materials promoting mediation, which were to be geared towards the members of the judicial system ; • Consultancy offered to Ministry of Justice experts regarding internal and international sources of information on mediation;
    • General information provided to the staff of Bucharest’s Sector Sector 3 Courtregarding mediation, cases that can be solved through mediation, as well as procedures allowing for cooperation between courts and mediators.The assistance module contained the following activities:
    • Over the course of 4 months,assistance and consultancy were provided to the staff of Bucharest’s Sector 3 Court, , regarding mediation. The activity was conducted at the Ombudsman’s office that was set up for that particular purpose at Bucharest’s Sector 3 Court.
    • Several cases in which mediation could be used were identified. Results of the consultancy module

FDC offered consultancy to the Ministry of Justice, in the context of the project aiming to introduce mediation into the judicial system;
    • FDC became involved in a number of cases registered at Bucharest’s Sector 3 Court, in which mediation could be used;
    • A common report was drafted in order to present the observations and suggestions concerning in particular the procedures of making mediation a part of the judicial practice


Results of the assistance module


    • A mediation law was drafted by the Ministry of Justice in consultation with Romanian and foreign experts and on the basis of FDC experts’ observations following the practical experiment conducted at the Sector 3 Court. The law was submitted to the Parliament in May 2000;
    • A procedure was identified with respect to resorting to mediation in cases handled by the courts;
    • The judges at the Sector 3 Court were trained in mediation first by FDC experts (in 4 sessions), and then by a CIIAN expert, as well as a ABA-CEELI expert;
    • Other categories of law professionals were introduced to the use of mediation and permanent mediation training programs were identified;
    • The awareness of alternatives to the classical judicial system was raised among law professionals;
    • Students from the Faculty of Law at the University of Bucharest were informed about the promotion of mediation.


Sponsors


Center for Juridical Resources
Canadian International Institute for Appled Negotiation (CIIAN)
We design and develop
training courses that
answer to the specific
requests of the beneficiary.
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Projects

The projects undertaken by FDC were oriented to identifying opportunities for application of mediation in the Romanian context, but also related to the environmental protection field.
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Mediators

Our team of mediators has 11 years of experience in the application of alternative dispute resolution methods, including mediation, both within group disputes and interpersonal ones. The partnership between FDC and the General Inspectorate of Romanian Police had provided to FDC's team, access to a rich and diverse case law.
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