EIRP Proceedings, Vol 7 (2012)

Abstract

The complexity of the current social relations generates the necessity of developing and applying new methods of settling conflicts. Mediation can serve as an effective tool in resolving various conflicts including the criminal matters. This article gives a panoramic view on the application of the concept of mediation and highlights the main features of mediation in criminal cases as they are reported to the national legislation and the legislation of Romania. Therefore the advantages of mediation and the opportunity to apply the latter in order to slave the conflicts caused by the commission of criminal offences are still being discussed. The Romanian legislation and the Community rules establish the scope of expressly exempted areas, the sides of freedom being the main principle, the mandatory dispositions being the exception. From the contents of the Law 192/2006 result that mediation is exercisable in all areas with the condition that the rights which make the subject of mediation could be used by the sides of the mediation. The mediation theory analyses the extrajudicial mediation and judicial mediation settlement.