Moldova – Supporting the implementation of commercial mediation reform (phase V – wrapping up and handover stage)

Overview
Project Summary Document

TCRS 20356

Status Approved

Location

Moldova

Notice Type

Public

PSD Disclosed

26 Nov 2024

Project Description

A critical factor affecting the investment climate is investors’ confidence in their ability to access effective dispute resolution to protect their interests. Where courts do not enjoy strong public confidence, such as in Moldova, the presence of alternative dispute resolution mechanisms is very important. Alternative dispute resolution (“ADR”), and in particular mediation, is well established in developed economies, and is becoming increasingly popular in transition countries. It offers dispute resolution, which is quicker, cheaper and more tailored than what can be achieved through the courts. Moreover, it benefits the court system (reduction in court case load) and the wider economy (funds unfrozen from litigation contingencies). The Legal Transition Programme (“LTP”) has launched the first phase of the Commercial Mediation and Arbitration project (the “Project”) in 2013 to support the Moldovan government in the implementation of Moldova’s Justice Reform Strategy (2011-2015) which specifically aimed to strengthen the system of ADR in Moldova and promote its use in the business community. The Project assisted the Ministry of Justice with achieving this goal in several ways.

In relation to mediation, the Project piloted a court-annexed mediation system; a small group of mediators was intensively trained and then assigned to two courts, at which they provided mediation services to litigants. The Project has also contributed to the preparation and development of the Mediation Law adopted in 2015. These activities then advanced to the second phase whereby the LTP assisted with carrying out capacity building activities envisaging training and public awareness in relation to both arbitration and mediation in Moldova. The third phase of the Project aimed to expand mediation on a national scale throughout Moldova, by deploying trained mediators to the courts in the region, assisting the Mediation Centre at the Chamber of Commerce and Industry of the Republic of Moldova (the “Mediation Centre”), creating a high-profile pool of mediators and promoting mediation among the business community. During all phases, the Project team closely collaborated with the Mediation Council, a branch of the Ministry of Justice dedicated to regulation and monitoring of mediation (the “Mediation Council”).

The preceding phases of the Project have been successful in creating a platform to support the use of ADR to achieve more effective resolution of commercial disputes. In particular, the Project assisted with the creation of the infrastructure for the use of mediation throughout the country. In 2017 the Mediation Centre adjacent to the Chamber of Commerce and Industry of Moldova created with the Project support has resolved 50 commercial cases and in 2018 the Centre has signed a collaboration agreement with a major bank whereby most of its disputes will be submitted to the Centre. During the fourth phase of the Project, the Mediation Centre obtained international accreditation and expanded in the Southern and Northern regions of Moldova to increase access to commercial mediation services for local businesses.

The Project also supported the Ministry of Justice in assessing and improving the arbitration framework and identifying mediation models that could further boost the use of mediation. Due to project efforts, the number of commercial disputes resolved through mediation rose tenfold from 99 in 2017 to 1078 in 2023, thus unburdening the courts and allowing them to concentrate on more complex commercial disputes. Building on the results of the previous phases of the Project and in response to limited court access amid judicial reforms, as well as to address EU Commission’s concerns about the use of ADR in the process of accession to the EU, the Ministry of Justice decided to introduce a legislative and institutional reform, which includes mandatory pre-litigation mediation for various disputes (one mandatory session only).

The main objective of the project is to support the Government of Moldova in implementing further mediation reform to ensure its success and long-term sustainability.
Project's objective will be achieved by implementing the following activities:

Activity 1: Review of the proposed legislative changes;
Activity 2: Development of a reform Implementation Concept and detailed Action Plan, coordinated with all the stakeholders and relevant development partners;
Activity 3: Assistance with collecting feedback during public consultations;
Activity 4: Development of the secondary legislation necessary for the implementation of the proposed reform.

Understanding Transition

Further information regarding the EBRD’s approach to measuring transition impact is available here.

Business opportunities

For business opportunities or procurement, contact the client company.

For business opportunities with EBRD (not related to procurement) contact:

Tel: +44 20 7338 7168
Email: projectenquiries@ebrd.com

For state-sector projects, visit EBRD Procurement:

Tel: +44 20 7338 6794
Email: procurement@ebrd.com

Enquiries

Business opportunities

For business opportunities or procurement, contact the client company.

For business opportunities with EBRD (not related to procurement) contact:

Tel: +44 20 7338 7168
Email: projectenquiries@ebrd.com

For state-sector projects, visit EBRD Procurement:

Tel: +44 20 7338 6794
Email: procurement@ebrd.com

General enquiries

Specific enquiries can be made using the EBRD Enquiries form.

TCRS 20356

Status Approved

Location

Moldova

Notice Type

Public

PSD Disclosed

26 Nov 2024

Project Description

Activity 1: Review of the proposed legislative changes;
Activity 2: Development of a reform Implementation Concept and detailed Action Plan, coordinated with all the stakeholders and relevant development partners;
Activity 3: Assistance with collecting feedback during public consultations;
Activity 4: Development of the secondary legislation necessary for the implementation of the proposed reform.

Understanding Transition

Further information regarding the EBRD’s approach to measuring transition impact is available here.

Business opportunities

For business opportunities or procurement, contact the client company.

For business opportunities with EBRD (not related to procurement) contact:

Tel: +44 20 7338 7168
Email: projectenquiries@ebrd.com

For state-sector projects, visit EBRD Procurement:

Tel: +44 20 7338 6794
Email: procurement@ebrd.com

Any competitive selections for business opportunities relating to this project will be published on the EBRD's website: Consultancy Procurement Opportunities.

General enquiries

EBRD project enquiries not related to procurement:
Tel: +44 20 7338 7168
Email: projectenquiries@ebrd.com

Access to Information Policy (AIP)

The AIP sets out how the EBRD discloses information and consults with its stakeholders so as to promote better awareness and understanding of its strategies, policies and operations following its entry into force on 1 January 2020. Please visit the Access to Information Policy page to find out what information is available from the EBRD website.

Specific requests for information can be made using the EBRD Enquiries form

Independent Project Accountability Mechanism (IPAM)

If efforts to address environmental, social or public disclosure concerns with the Client or the Bank are unsuccessful (e.g. through the Client’s Project-level grievance mechanism or through direct engagement with Bank management), individuals and organisations may seek to address their concerns through the EBRD’s Independent Project Accountability Mechanism (IPAM).

IPAM independently reviews Project issues that are believed to have caused (or to be likely to cause) harm. The purpose of the Mechanism is: to support dialogue between Project stakeholders to resolve environmental, social and public disclosure issues; to determine whether the Bank has complied with its Environmental and Social Policy or Project-specific provisions of its Access to Information Policy; and where applicable, to address any existing non-compliance with these policies, while preventing future non-compliance by the Bank.

Please visit the Independent Project Accountability Mechanism webpage to find out more about IPAM and its mandate; how to submit a Request for review; or contact IPAM via email ipam@ebrd.com to get guidance and more information on IPAM and how to submit a request.

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Moldova – Supporting the implementation of commercial mediation reform (phase V – wrapping up and handover stage)

Project Description

Understanding Transition

Business opportunities

Enquiries

Business opportunities

General enquiries

Project Description

Understanding Transition

Business opportunities

General enquiries

Access to Information Policy (AIP)

Independent Project Accountability Mechanism (IPAM)