1/1/1900
According to this article:
- "In commercial trials and claims which are valuable in money, before introducing the petition in front of the Court, the plaintiff shall try to solve the litigation by means of direct conciliation with the other party."
- To the purpose shown at line (1) above, the plaintiff shall convoke the other party, sending him in writing his pretensions and their legal basis, as well as all the documents proving its pretensions. The convoking shall be done by recommended letter with receiving confirmation, by post telegram, telex, fax or any other communication way which ensures the transmission of the text and also confirms its receiving. The convoking can be done by handing over the documents under receiving confirmation"
- The date of the convoking for conciliation cannot be settled sooner than 15 days since receiving the documents sent according to the dispositions of art. 2 above.
- The results of the conciliation shall be registered in a written document, showing the reciprocal pretensions of the parties referring to the object of the litigation as well as their point of view;
- The document attesting the result of the conciliation or, in case the defendant did not come to the conciliation meeting, the proof that 30 days have passed since receiving the conciliation invitation shall be annexed to the petition in court."
This is the law text stipulating the conciliation procedure.
As you may see, the conciliation applies only to commercial litigations regarding money claims.
The plaintiff has to send to the defendant an invitation to conciliation in which to explain all his claims. To this invitation, the plaintiff must attach all the documents based on which he is founding his claim ( contracts, invoices, etc.). The invitation must also contain details regarding the meeting place and the hour of the meeting. Even if it is not stipulated by the law, the invitation should also contain the details of the plaintiff or the plaintiff's representative. Please note that the date of the meeting cannot be settled sooner than 15 days since the defendant shall be receiving the conciliation – therefore the practical way to do it is to calculate around 20 – 25 days since the invitation has been sent.
The invitation together with the justifying documents have to be sent to the defendant.
If the defendant comes to the meeting, then a written minutes shall be signed by both parties mentioning the their claims and position.
If the defendant does not come, then the plaintiff shall draw up a minutes stating that even though it was invited, the defendant did not show up, and after a 30 day term passes, the plaintiff can submit his petition in court.