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If the mediator infringe statutory obligations, Commission Regulation of organization and operation or code of ethics and professional conduct, it can respond:

  • Civil
  • Penal

Reproduces exactly Liability Law Mediator, as provided by law 192/2006 on mediation and mediator practicing:

 

Section 3 of

Liability Mediator

„Art. 38. – Disciplinary responsibility of the mediator for the following offenses:

a) breach of the duty of confidentiality, impartiality and neutrality;

b) refusal to respond to requests made by judicial authorities, in cases provided by law;

c) refusal to return the documents entrusted to the warring parties;

d) representing or assisting either party in a judicial proceeding or arbitration subject covering conflict mediation;

and) committing other acts affecting professional integrity.

Art. 39. – (1) Disciplinary sanctions shall apply in relation to the offense and consist of:

a) written observation;

b) fine of 50 law (RON) the 500 law (RON);

c) suspension of the status of mediator for a period of one to 6 Monday;

d) termination of mediator.

(2) Fine limits provided in paragraph. (1) lit. b) updated regularly by the Board of Mediation, in the inflation rate.

Art. 40. – (1) Any interested person may refer the mediation, in writing and signed, in connection with the commission of an offense as stipulated in Article. 38.

(2) Research misconduct is made no later than 60 days from the date of registration of complaint, by a disciplinary committee consisting of a member of the mediation and 2 representatives madiatorilor, chosen by lot from the mediators. The members of the Disciplinary Board are appointed by decision of the Board of Mediation. Inviting the issue in the hearing is mandatory. Investigated mediator is entitled to know the contents of the file and defend themselves. In case of no, will conclude a protocol signed by the members, showing that the mediator was invited and did not attend deadline.

(3) Research file motion to sanction or disciplinary sanction failure to forward the mediation, acting, within 30 days, on the disciplinary responsibility of the mediator.

Art. 41. – (1) Decision of the mediation sanctions provided for in Article. 39 paragraph. (1) may be appealed to the administrative court competent, within 15 days of its notification.

(2) Actions taken under paragraph. (1) suspend execution of the judgment under appeal.

(3) Judgment of the fine provided for in Article. 39 paragraph. (1) lit. b), a final law, be enforceable. Failure to pay the fine within 30 days from the date the judgment becomes final sanction rightfully suspended from the position of mediator, until payment amount.

Art. 42. – Civil liability may be engaged mediator, in civil law, for causing harm, breach of his professional obligations.”