THE COLLEGE OF MEDIATORS Association
REGULATION OF OPERATION
Activities undertaken by any liberal profession comprise of intellectual services because their development requires a high level of knowledge, which is acquired through the successful completion of higher education studies.
Chapter. I. – General provisions
Art. 1. (a) THE COLLEGE OF MEDIATORS Association, hereinafter The College of Mediators, is a professional association of certified mediators, Romanian legal person, non-profit, apolitical, non-confessional, nongovernmental and nonprofit established under Ordinance No. 26/2000 completed and amended and Law 192/2006 supplemented and amended.
(b) This Regulation of organization and functioning of The College of Mediators is referred to as the Regulations.
Art. 2. The main undertaken objectives are:
- Representing the professional interests of its members and those of the professional body of mediators
- Promotion of mediation in Romania
- Development of the mediation profession in Romania
- Development of international relations on mediation
Art. 3. (a) The College of Mediators is headquartered at: Stănileşti Street, no. 4 – 6, sector 1, Mun. Bucuresti, postal code 013464 – ROMANIA.
(b) The College of Mediators can change its headquartered by relocation to any address located in Romania; it can open secondary offices in Romania; it may establish branches and offices, with or without legal personality, in Romania or other countries; it can turn to virtual offices and / or ways of contact in the electronic environment, respecting the rules of law applicable to such entities.
Cap. II. – Members
Art. 4. (a) The College of Mediators has the following categories of members:
– founding members – those who contributed to the establishment of the professional association, respectively signatories of this Statute;
– associated members – those who subsequently associate to founders by expressing a freely consented request for this purpose, endorsed by the Board of Directors, morally and materially contributing to the achievement of the professional association’s goals and to its funding;
– members – associated members (above mentioned) who have been validated by the General Assembly of The College of Mediators; this category has the same rights and obligations as the founding members; they may be authorized mediators, Romanian or foreign, recognized in Romania under the law;
– honorary members – individuals, Romanian or foreign citizens who have distinguished themselves through outstanding service to the association, substantially supporting the effort in achieving goals proposed by this Statute, this category being exempted from the obligation to hold the status of mediator.
- 5. – (a) Any Romanian or foreign natural person, who is a mediator and / or recognized in Romania (excepting the honorary members, those being exempted from the obligation to hold the status of mediator) and has full legal capacity of its rights, and who freely agrees to adhere to the values, goal and objectives of this professional association, who personally requests this quality engaging to respect the purviews of this Statute and whose request is approved by the decision-making bodies of this professional association, may become member.
(b) The Associate membership is acquired by completing the accession process, as follows:
- submission of a written request that contains the contact details of the mediator who wishes to join The College of Mediators and the Professional Association’s basic documents (statute, regulation, code of conduct);
- the written request should include the following documents:
- one cover letter to include:
- the reason for applying for membership;
- expectations of membership;
- potential contribution to offer (ex: actions, visibility, projects,etc);
- a recommendation from a member – optional;
- Curriculum Vitae;
- copy of the mediator license;
- one cover letter to include:
- The Board of Directors discusses the application and the supporting documents at its next scheduled meeting and approves new members by majority vote;
- The applicant will receive a decision, either of approval or of rejection, within 30 days from the date of submission.
(c) The Associate membership starts from the date of payment of the membership fee as a contribution to the assets of the association, but not earlier than the date of authorization as a mediator by the Mediation Council’s decision.
(c) Termination of associate membership is decided by the Board of Directors and may occur in the following situations:
- by request;
- by death;
- by adjudication of incapacity;
- by permanent loss of quality of mediator (excepting the honorary members, these being exempted from the obligation to hold the status of authorized mediator);
- by temporary suspension decided by the Board of Directors and handed in writing to the member, if perpetration of acts against the interests of the professional association or professional body of mediators.
(d) The Regular Membership is acquired by decision of the General Assembly that validates new members of the associate members, at the Board of Directors’ proposal.
(e) The termination of membership may occur in the following situations:
- by request;
- by death;
- by adjudication of incapacity;
- by the permanent loss of quality of mediator (excepting the honorary members, these being exempted from the obligation to hold the status of authorized mediator);
– by the temporary loss of active mediator quality;
– by temporary suspension decided by the Board of Directors and handed in writing to the member, in situations in which acts against the interests of the professional association or professional body of mediators have been committed.
(f) The exclusion of associate members or holders is determined by the General Assembly for acts that bring the profession of mediator into disrepute or other acts determined to undermine the aims and the work of the College of Mediators.
Art. 6. – (a) Members are required to pay a fee of 10 RON/ month. The membership fee is due from the month following the date on which the associate membership is acquired.
(b) Ceasing payment for a period greater than one year is considered as lack of interest regarding the Association’s activity and may result in termination of membership.
(c) In case of non-payment of dues for a period greater than one for 1 year, members will be notified in writing. Analysis of the dues payment is made annually, staring the 1st of January to 31st of March, compared to the situation of dues payment by December 31 of the previous year. Notification shall be made annually and non-payment of the amounts outstanding, within maximum 30 days from the notification, are recorded in the minutes. Board of Directors notes the termination of membership of the mediator who has not paid the fees due and has been notified, according to the report.
(d) At the written request of a member, the Board may approve the rescheduling of the fee payment and the outstanding amount.
(e) Members are required to prove that they have paid a membership fee of 200 RON, as the contribution to the Association’s funding.
(f) If the application for membership is submitted prior to acquiring the status of mediator, with the purpose of being present on the Panel of mediators, and the application is approved in principle by the Board of Directors of the Association, the membership fee is due from the authorization date as a mediator and can be paid within 30 days of receipt of authorization issued by the Mediation Council.
(g) If the membership fee has been paid and subsequently the authorization request is rejected by the Mediation Council, the membership fee shall be refunded within 30 days following a written request by the unsuccessful applicant.
(h) Members are not taken into consideration when calculating the quorum and they have no voting right in the General Assembly, if their fees are not paid by December 31 of the year preceding that in which the General Assembly meets.
- Members are not taken into consideration when calculating the quorum and do not vote in the General Assembly, unless they prove that they have paid the membership fee.
Cap. III. The operation
Art. 7. – (a) The College of Mediators has the following governing bodies:
- The General Assembly
- The Board of Directors
- The Censor
(b) For proper functioning, the following functional structure shall be established:
– The Honour Committee
– The Senate
– The Ethics Commission
– Branches / subsidiaries / offices
– Project Managers
– Executive Director
– Secretary / Assistant
Art. 8. – General Assembly
- The General Assembly is the governing body of the professional association and it comprises all its members with voting rights.
(b) The General Assembly meets once a year in ordinary session (usually in the first half of calendar year) or in extraordinary session at the request of the Board of Directors or at the request of at least 25 % of the voting members, whenever needed.
(c) Ordinary meetings shall be convened by the President, at least one month before the date set, and such notice shall be made in writing and sent to all members, specifying the date and time set for the meeting, the venue and agenda. Proposals for amendment or addition to the agenda are received until the twentieth day following the date of convocation.
(d) Extraordinary meetings shall be convened by the President under the same conditions as those set for the convening of ordinary meetings, at the reasoned request from the Board of Directors or at least a quarter of the voting members.
(e) The General Assembly is legally met if half plus one of the members are present, directly or by mandate of representation. If at the first meeting, quorum is not met, the date of the meeting shall be rescheduled after at least fifteen days, communication being done in the same conditions. At the second meeting, quorum is considered met, regardless the participants’ number.
(f) The General Assembly’s Secretariat is provided by the Board of Directors.
(g) The General Assembly adopts decisions by simple majority vote of those present, taking into account the mandates of representation, and the quorum shall be met by the presence of at least half plus one of its voting members.
(h) In exceptional circumstances established by decision of the Board of Directors, the vote can also be expressed by mandate.
Art. 9 – Board Of Directors
- The Board of Directors is the governing and management body of Mediators’ Alumni, which ensures enforcement of judgments of the General Assembly of members.
- The Board of Directors consists of: the President, the Vice-president, the Secretary General, the Treasurer and the 3-7 members, elected by the General Assembly of members, for a two years term.
- The President, the Vice President, the Secretary General and the Treasurer shall be elected by individual vote, and the members shall be elected by voting on the list.
- The President has a two year mandate.
- The Board of Directors establishes the procedure for each General Assembly elections, according to the Organization’s development.
- The President coordinates the activity of the Board and Vice President is the legal substitute in his absence.
- The Secretary General coordinates the organizational activity.
- The Treasurer coordinates the financial management.
- The Board of Directors usually meets at least once a quarter or whenever necessary.
- Decisions of the Board shall be adopted by the favorable vote of at least two thirds of its members. Any unfavorable votes should be motivated. Boycotting the adoption of decisions by repeated absenteeism or unreasonably negative vote leads to the convening of the General Assembly to review the situation and decide on the exclusion of the Council of the person responsible for that situation.
- Board members cannot be represented by mandate in the meetings of the governing bodies of Mediators’ Alumni. In special situations, though, they can participate by means of distance communication (video or tele conference).
- Board members cannot be remunerated for their work done in this governing body.
Art. 10. – (a) The Audit Committee or the Censor represents the internal financial control body of the professional association. The Audit Committee or the Censor are elected by the General Assembly of members.
(b) The Audit Committee or the Censor are required to submit a report at least once a year, according to financial legislation in force.
Art. 11. – Honorary Committee
- The Honorary Committee consists of honorary members of the association.
- The Honorary Committee serves to promote the image of the organization and has also an advocacy role at national and international level.
(c) The Honorary Committee members are invited de jure at the General Assembly.
(a) The Senate is made up of founding members and past presidents of the association.
(b) The Senate is headed by a President and a Vice President elected from its membership.
(c) The Senate has an advisory role and takes decisions aimed at addressing the strategic approaches of the association.
(d) The Senate members meet quarterly or whenever deemed necessary.
Art. 13. – Ethics Commission
(a)The Ethics Commission is set up to ensure an ethical and professional attitude of the members, in accordance with the principles and rules governing the association.
(b) The Commission members will be elected by the General Assembly from the full members with voting rights.
(c) In the interval between General Assemblies , Ethics Commission members may be replaced by a decision of the Board of Directors for objective reasons properly justified; these replacement decisions are to be validated / invalidated in the next session of the General Assembly.
Art. 14. – Subsidiaries / Branches / offices
- By decision of the Board of Directors, Subsidiaries / Branches / offices may be established.
- Subsidiaries / branches / representative offices are managed by the Board of subsidiaries / branches / representative elected by members of local structure and validated by the Governing Board.
- The minimum structure of the Board of Directors of subsidiary / branch / representative shall comprise the President, Vice President and Secretary of subsidiary / branch / representative.
- Presidents of subsidiaries / branches / representative offices have the quality of permanent guests to ordinary Board work.
- Subsidiaries / branches / representative can manage 80 % of the membership fee and other resources provided under the law.
- The Branch may be established at the request of a group of at least three members of The College of Mediators Association. Other members of the association in the area can subsequently become members of the branch, only upon individual request to the Board of the Association.
- The Branch has no legal personality distinct from that of the association, but it has its own governing bodies consisting of president, vice president and secretary, elected for a one- year term which may be renewed by vote of members who have applied to activate in that branch.
- The Branch draws its own business plan, subject to the approval of the association’s Board.
- The Branch benefits from the allocation of funds from the general revenues of the Association in the amount of 70 % of the proceeds from membership dues and fees collected from members who choose to conduct activities in that branch, funds collected only after the date of establishment of the branch. The Branch is considered established starting its approval of the Board of the Association.
- If the Branch manages to attract funds from external sources, they will be approved by the Board.
- The Branch can turn into an independent legal personality only after at least three years of activity and showing evidence of key performance criteria related to the organizational capacity and compliance with professional ethics as well as with the principles of the Statute. Should the Branch shows outstanding activity and meets the required performance criteria, the Board may approve its early establishment, respectively before the fulfillment of the three years period of activity.
- Documents establishing the Branch as a legal entity are approved by the Governing Board.
- The Branch owes to the leading Association, 20% of the membership fees and dues collected from its members by way of contribution to the financial support of the activities of national and international members’ representation.
Art. 15. – Project managers
- The Association’s management is exercised mainly through projects.
- Project managers are validated by the Board based on proposals following the standard structure, approved by the Board of Directors.
- Project managers have the status of permanent guests in the ordinary meetings/activity/work of the Board.
- Regarding the activity of the Association, departments, committees and / or working groups in different areas may be formed with the approval of the Board, in order to maximize the results.
- When establishing commissions, committees and working groups, at least the name, purpose and structure tasks, members and their role in the structure, shall be distinctly specified.
Art. 16. – Executive director
- The Board may approve, depending on resources, the employment of an Executive Director.
- The Organizational chart and job descriptions shall be approved by the Board, at President’s proposal.
Art. 17. – Secretary/ Assistant
- The Board may approve, depending on resources, the employment of a Secretary/an Assistant to the President.
- The job description is to be approved by the Board.
Cap. IV. – Transitory and final dispositions
Art. 18. – The Regulation of the Association can be modified and completed when deemed necessary.
Art. 19. – Subsidiaries / branches / representative can develop their own set of rules on organization and operation, taking into account the provisions of this Regulation, which will be approved by the Board and endorsed by the General Assembly of the Board.
This Regulation of The College of Mediators Association was adopted by the General Meeting of 11 January 2010, amended and completed by the General Meeting of 24 March 2012 and subsequently supplemented and amended by the General Meeting of April 25, 2013.