MOLDOVA Trends and Developments Contributed by: Vladislav Roșca and Ina Jimbei, EFRIM, ROŞCA & Associates
Mediation In the Republic of Moldova, mediation and other forms of amicable dispute resolution are still devel- oping, although the legal framework has undergone significant modernisation over the past decade. Law No 137/2015 on Mediation established the founda- tions of a system inspired by European best practices; however, the actual use of mediation remains limited, particularly in commercial and business disputes. The authorities have consistently promoted this mecha- nism through public awareness campaigns and pro- fessional training programmes, aiming to reduce court caseloads and strengthen a culture of collaborative conflict resolution. Based on the study conducted by the EBRD and IDLO in 2023, the Ministry of Justice initiated a legislative reform process intended to introduce mandatory mediation for certain categories of disputes, par- ticularly civil, family and labour cases. The draft Law on Mediation and the Status of Mediators has been approved in Parliament at first reading, but has not yet completed the legislative procedure. Under the draft, parties would be required to attend an initial man- datory mediation session before initiating court pro- ceedings – a model inspired by Italian practice. The purpose of this reform is to ease the burden on courts, reduce litigation costs and duration, and encourage voluntary and swift resolution of conflicts. Outlook: Emerging Opportunities and Remaining Challenges The legal reforms and current developments in the Republic of Moldova depict a jurisdiction on the threshold of positive transformation. For clients and companies, the opportunities presented by this evolv- ing market come paired with certain challenges that must be managed carefully. On the positive side, investors can anticipate a legal system that is increasingly fair and predictable. The government’s strong commitment to reforms, aligned with European Union standards, means that commer- cial, financial and procedural legislation is becoming more robust and more compatible with international practice. Once the vetting process is completed and the judiciary is modernised, a more consistent juris- prudence – free from undue influence – is expected
to emerge, which is a key element for any business that relies on contract enforcement or the protection of property rights. Although creating short-term dis- ruptions for certain individuals, the anti-corruption campaign significantly improves the long-term busi- ness environment by ensuring fair competition and reducing the risk of the misappropriation of public resources. Furthermore, the deepening integration of Moldova into the European and global legal and economic space – through treaties, trade agreements and judi- cial co-operation mechanisms – creates new oppor- tunities for cross-border commerce and facilitates the recognition of foreign court judgments and arbitral awards. However, some challenges persist. In the short term, judicial capacity constraints will continue until vacant positions are filled with new judges who have passed integrity evaluations. Parties involved in litigation may continue to experience delays, particularly at the lev- el of the courts of appeal and the SCJ. At present, according to the President of the CSM, approximately 7,000 cases are awaiting examination before the SCJ. The government is accelerating the appointment of new magistrates, but companies should be prepared for extended timelines in complex cases. In this con- text, arbitration or other alternative forums may offer faster solutions for disputes in which time is critical. Another major challenge concerns the effective implementation of the new laws. The mere adoption of legislation on competition, anti-corruption or jus- tice digitalisation does not guarantee the success of the reforms; this depends on the institutional capac- ity and willingness to apply them. International part- ners, particularly the EU, are actively supporting the Republic of Moldova during this stage, but investors should closely monitor the concrete application of these norms. Political stability is another essential factor. Moldo- va’s reform trajectory is largely supported by the cur- rent pro-European government. While major shifts in political orientation could affect the pace of reforms, the broad public support for European integration
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