As we approach the first major review of the Moldovan mediation pilot, I remember how excited I was in the middle of November 2013, when it was first launched - Well it was exciting to us in the dispute resolution consultancy team here at CEDR and no doubt to the Moldovan Ministry of Justice!
As part of Moldova’s commitment to Justice Sector Reform and to promote economic development, CEDR has been working in collaboration with the Ministry of Justice on a project to facilitate the use of commercial mediation and arbitration. Early last year a fact-finding visit was held in which we met with the Minister of Justice, Judges, policy-makers, mediators, arbitrators, training institutes, professors, business people and Chambers of Commerce to investigate what they thought would be the most effective means of ADR development within the jurisdiction. Armed with this information and using the experience CEDR has gained in working in similar jurisdictions, we submitted a report and made recommendations about a possible way forward.
Embracing the report, the Ministry of Justice, together with the sponsors of the project – the European Bank of Reconstruction and Development (EBRD), agreed a pathway to promote mediation within the jurisdiction. In October 2013, at the same time as holding the first mediator skills training, CEDR ran judicial awareness workshops in the two courts that agreed to host the mediation pilots; mediation awareness seminars with Chambers of Commerce and Law Societies; and, a training day at the National Institute of Justice for 40 judges and arbitrators concerning, amongst other things, the operation of the pilot.
That leads us to the week of the pilot scheme launch, when CEDR consultants held a seminar on time-limited mediation to the recently trained mediators in Moldova and the certification ceremony on graduating from the Mediation Skills Training. The next day, the mediation pilot went ‘live’ in both courts and commercial and civil cases started to be referred to mediation.
This is the beginning of the Moldovan mediation journey and CEDR will work closely with the Ministry of Justice to run the pilot. So begins the next stage of the project: The facilitation of promoting commercial arbitration and enhancing the practice of enforcing foreign arbitral awards.
More information can be found here.
By Andrew Fiddy