In Moldova, can I enforce a mediation settlement if the other party refuses to sign it at the end?

In Moldova a mediated settlement only becomes enforceable once it is reduced to a written, signed agreement that is either notarised or approved by a court. If one side refuses to sign, you can ask the mediator to issue a certified record of the parties’ concurrence (a written protocol of the agreement) and then submit that protocol to the competent court for recognition and conversion into an enforceable judgment. Once the court approves the settlement, it can be executed in the same way as any other court order (e.g., seizure of assets, garnishment, etc.). To move forward, you should: 1) Obtain a written protocol from the mediator documenting the agreed terms and the parties’ signatures (or a statement that the other side has refused to sign). 2) File a petition with the civil court requesting that the protocol be recognized as a settlement judgment under Article 33 of the Civil Procedure Code (which provides that a court-approved settlement is enforceable). Attach the mediator’s protocol and any evidence of the other party’s refusal. 3) If the court grants the judgment, you can enforce it through standard execution procedures (e.g., writ of execution, attachment of bank accounts, or forced sale of property). If the other side continues to delay, you may also consider requesting provisional measures (such as a freezing order) while the court reviews the settlement, to prevent further dissipation of assets. Consulting a local attorney experienced in commercial mediation and enforcement will ensure the petition is drafted correctly and that any deadlines (e.g., the three-year limitation period for civil claims) are respected. Sincerely, Ascendance International Organization

An agreement reached in mediation is considered formalized only once both parties have signed the mediation settlement agreement. The signatures of the parties are the essential element that gives the agreement legal force.

If the other party is now delaying or refusing to sign the written settlement, the mediator cannot unilaterally “record,” validate, or enforce the agreement on their behalf. A mediator’s role is limited to facilitating negotiations; they do not have the authority to impose or certify an agreement without the parties’ signatures.

In practical terms, you have the following options:

1. 
   

   Request formalization
   You may ask the mediator to formally notify the other party and set a clear deadline for signing the settlement agreement. This sometimes helps overcome unjustified delays.

   
   


2. 
   

   Proceed with legal enforcement through court
   If no written settlement is signed, the agreement reached in mediation is not enforceable as such. In that case, you may initiate or continue court proceedings to recover the unpaid services invoice, using the mediation outcome only as evidence of negotiations, not as a binding contract.

   
   


3. 
   

   Convert the settlement into an enforceable instrument (where applicable)
   If both parties eventually agree, the signed mediation settlement may, depending on the applicable law, be:

   
   
   
   
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     approved by a court; or

     
     
   
   
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     authenticated by a notary,
     which would make it directly enforceable.

     
     
   
   
   
   

If your question was intended to address a different legal aspect (for example, a specific jurisdiction, procedural step, or the mediator’s statutory obligations), please provide further clarification so that a more precise answer can be given.

No—you cannot enforce a mediation settlement if it is not signed by the parties. A mediation agreement becomes legally binding only once it is signed.