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MEDIATION COMMISSION ROMANIAN FRANCHISE ASSOCIATION
THE MEDIATION COMMISSION HAS BEEN OPERATING SINCE MAY 8, 2006
Mediation is an alternative way of resolving conflicts, a voluntary and confidential procedure through which a neutral, impartial third person without decision-making power - the mediator - helps the parties reach a mutually accepted agreement in order to end the mediated conflict.
The Mediation Commission, of the Romanian Franchise Association, offers entrepreneurs a way to amicably resolve disputes arising in business relations, domestic or international, as well as civil and commercial conflicts, through the mediation procedure, in compliance with the Directive (IP/08 /628) regarding mediation in civil law and commercial law adopted by the European Parliament in 2008, the Code of Ethics of the ARF, the Code of Ethics and Professional Deontology of Authorized Mediators.
Franchise | THE MEDIATION COMMISSION HAS THE FOLLOWING DUTIES:
organizes and administers the mediation of commercial and civil disputes, for ARF members and for any of the people who use this legal way to quickly resolve disputes;
promotes mediation activities in the Romanian business environment, by: collaborating on a partnership basis with interested parties in the field of mediation, including the organization of events with interested parties in the field of mediation;
develops alternative methods of resolving disputes, with an emphasis on mediation, by: initiating and running projects in order to introduce mediation into current practice as an alternative way of resolving disputes in the commercial and civil fields; initiating and supporting exchanges of experience, at national and international level, with organizations with concerns in the field
develops an integrated system for alternative dispute resolution, by using methods such as: diagnosing the deep causes of conflicts/disputes; analysis of the institution's priorities/needs; the integrated use of different techniques such as negotiation, mediation, conciliation, facilitation;
organizes training and improvement courses, as well as information sessions in the field of mediation;
carries out activities to attract resources through projects in the field of mediation;
The concrete mediation activity of the ARF Mediation Commission is carried out by mediators authorized by the CM, in accordance with the regulations of the Mediation Council.
Regarding the costs of mediation, the aim is to ensure a wide accessibility of all categories of applicants and to place these costs below those of the courts or arbitration, in compliance with the provisions of art. 25 and art. 45 of Law no. 192/2006 regarding mediation and the organization of the mediator profession.
The mediator is the person who meets the following conditions:
It has full exercise capacity;
Has higher education;
Has a working experience of at least 3 years;
Is fit, from a medical point of view, to exercise this activity;
She enjoys a good reputation and was not definitively convicted for committing an intentional crime, of the nature to affect the prestige of the profession;
Graduated from courses for the training of mediators, under the conditions of the law, or a master's level postgraduate program in the field, accredited according to the law and approved by the Mediation Council;
She was authorized as a mediator, according to the law.
Mediation is an activity of public interest. Mediation is based on the trust that the parties give to the mediator, that the person is able to facilitate the negotiations between them and to support them in resolving the conflict, by obtaining a mutually convenient, efficient and sustainable solution. The parties have the right to freely choose their mediator.
Mediation can take place between two or more parties, being carried out by one or more mediators.
Any natural person can be a mediator within the Mediation Commission of the Romanian Franchise Association, who meets the conditions provided in art. 7 of Law no. 192/2006, with subsequent amendments and additions and EU provisions, whose application for membership was accepted by the Consultative Council of the Romanian Franchise Association and which concluded a framework contract for the provision of mediation services. The accepted mediators are registered in the List of mediators of the ARF Mediation Commission. If the mediator appointed by the parties is unable to accept the appointment, he has the obligation to notify the Technical Secretariat of the Mediation Commission of the Romanian Franchise Association within a maximum of 3 days from the communication of the appointment.
COURSE OF THE REGISTRATION PROCEDURE IN THE MEDIATION COMMISSION OF THE ROMANIAN FRANCHISE ASSOCIATION
Documents required for issuing the decision to register as a mediator within the Mediation Commission of the Romanian Franchise Association:
1 Identity document - copy (certified according to the original)
2. Decision of the Mediation Council, Authorized
a, Legitimacy and registration in the Mediator List.
3. Certificate of completion of the franchising specialization course - continuous professional training.
4. Proof of payment of the fee of 100 RON and 20 RON, representing the counter value of the ID card - to the Mediation Commission of the Romanian Franchise Association
The principles that govern the ARF Mediation Commission
1. Voluntary character of the mediation procedure All involved parties participate in mediation voluntarily. No party can be forced, by any other person or authority, to participate in a mediation procedure. Consequently, any party has the right to withdraw from this procedure at any moment of the mediation if it comes to the conclusion that it is impossible to reach an agreement. In certain circumstances, the mediator can also end the mediation session when he considers that there is a violation of the law or when he is convinced that the mediation does not benefit the parties.
2. Self-determination of the parties. The understanding belongs to the parties. Any term set by this agreement must be proposed and accepted by the parties. The mediator will never be able to decide or influence the terms in which a joint solution of the parties is established.
3. Confidentiality of the procedure. Confidentiality applies to all information transmitted during the mediation procedure. Both the mediator and the present parties, as well as the lawyers of these parties, undertake to maintain the confidentiality of all aspects discussed in the mediation.
4. Neutrality/impartiality on the part of the mediator. The mediator is not a judge or arbitrator. Under no circumstances will the mediator decide on reaching an agreement. Neutrality assumes that the mediator remains outside the conflict between the parties, that he does not get involved in this conflict except within the limits imposed by the procedure. The impartiality of the mediator guarantees the fact that the mediator stands in a middle position towards the parties, that he absolutely does not want one or the other party to win or be favored during the mediation procedure.
5. Prior information of the parties on the procedure. The parties must know the principles of mediation, details about the procedure and how it is carried out, before signing the mediation contract and the effective start of the mediation.