Stop shooting lawyers!

Once upon a time was a law “regarding mediation and the organisation of mediator’s profession” in România, which just passed its “seven years from home”, but already suffered numerous plastic surgeries (so called improvements), including through Emergency Ordinance from the Government.

The law from 2006 didn’t just appear out of thin air – it was the fifth version of a law project regarding mediation which reached the Parliament since 1999. Meanwhile the mediator occupation had been institutionalized (2001) on the basis of an occupational standard, a pilot-project worked in Craiova, in partnership with the Ministry of justice (from 2002) and at an european level Europe Council and EU were elaborating Recommendations and Directives.

I am not going to insist on apparent “tuning” operations made on the law, which keep happening since 2009: mediator – attorney with uncertain status, returning stamp duty for those who choose mediation only if it has a symbolic value, the great catch – for free, but the mandatory information and now the great crowning – the possibility for other professions to do the information on mediation, and many others.

Meanwhile, the mediators’ chosen ones were giving away on a daily basis the regulation function, although were enthusiastically appropriating others’ initiatives just because they belonged to established authorities – Superior Council of Magistracy, Parliament… The mediators’ professional body in general or the professional associations in particular didn’t have a real reason for them to be consulted, being to busy to clarify on all sorts of events with mediators “who is mandatory and free information and what does it want” and, eventually, to distribute flyers to promote mediation.

And now, ladies and gentelmen, the great improvement of law, 2013 edition:

“Performing the required information procedure on mediation advantages  can be made by the judge, prosecutor, judicial counselor, attorney, in which case it will be certificated in writing. ”

Although I am sure that this enormity will be fixed under the ruthless shooting of the Mediation Council towards inter and international organisms, maybe instead of petition against other professions and, eventually, protest meetings, I propose

an absurd scenario:

– Maybe some citizens, maybe even mediators ( eventually former or present members of Mediation Council) from their quality as parties in divers disputes, will call to the procedure of information on mediation advantages

– Maybe will call for information to those in wright to do so – judges, prosecutors, judicial counselors, lawyers, notaries and, especially, present members of the Parliament (where is the case)

– Maybe a party will not be satisfied by the information received and certified in writing from a judge, for example, and will notify the Mediation Council

– Maybe the Disciplinary Committee appointed by the Mediation Council will then invite the judge to explain and, eventually, will sanction him, wright?!?

– Who will win from this potential law practice (even based on cheap speculations) – the rule of law?

 

Instead of an ending, I have a favor to ask you: stop shooting the messenger and stop shooting the lawyers!

 

Adrian Badila, mediator