Judicial mediation procedure to be excluded from Code of Civil Procedure

Chisinau, March 16 / MOLDPRES /- The Code of Civil Procedure of the Republic of Moldova will be amended. In this regard, the Government today approved the repeal of Chapter XIII1 of the Code, which deals with judicial mediation. Specifically, it is about the exclusion of compulsory judicial mediation for civil cases, the government's communication and protocol department has reported.

"Although the original aim was to reduce the workload of judges and to resolve cases more quickly, over time, it has been found that this alternative method of resolving disputes is inefficient and has not generated positive results. Moreover, it has had negative consequences for civil proceedings and the workload of judges and has delayed pending cases, affecting the free access to justice of litigants. For example, in the last four years, out of the total number of judicial mediation proceedings - about 43,500 cases, only 1,165 were completed with the conclusion of a transaction. In the rest of the disputes, the mediation processes ended by the refusal of the parties to settle the dispute amicably, the expiration of the term or the waiver of the plaintiff's action ", argued the Secretary of State of the Ministry of Justice, Veronica Mihailov-Moraru.

It has also been found that judicial mediation proceedings take too long - between three and nine months, which is contrary to the Code of Civil Procedure, which provides that the term of judicial mediation may not exceed 45 days.

The draft law also provides for the transitional provision, according to which the judicial mediation processes not completed at the time of the entry into force of the law will be continued and completed according to the old law. However, one or both parties to the dispute may request the immediate termination of the judicial mediation procedure. In this case, the court will issue an unsustainable decision on the termination of the judicial mediation procedure and will send the case to the court for random distribution to another judge or, as the case may be, to another panel. The court will also be obliged to inform the parties of the right to request the immediate termination of the judicial mediation procedure. Thus, the completion of the mediation procedures that will be in place at the time of the entry into force of the law will be ensured.

The exclusion of the institution of compulsory judicial mediation is an action provided in the Government Action Plan for the years 2021-2022.

Photo: Government