EIRP Proceedings, Vol 4 (2009)
The Mediation Procedure in Romania
Abstract
The mediation activity as an alternative way of solving conflicts occupies an important place in modern society. Currently, the mediation reached its maturity worldwide being adopted without reservations. The future of solving conflicts is undoubtedly closely related to mediation. XXth century is
the century of solving conflicts amiably outside the court room. In Romania and the mediation profession were regulated by the Law no. 192/2006, on the basis of the idea that mediation is one of the major themes of the reform strategy of the judicial system 2005-2007. By adopting the mentioned law it was followed the idea of reducing the volume of activity courts, and therefore, relieve them of as many cases, with the
direct effect on the quality of justice. Mediation is a voluntary process in which the parties with a neutral and impartial third party, without power of decision - the mediator - who is qualified to assist the parties to negotiate, facilitating the communication between them and helping them to reach a unanimous effective and sustainable agreement. The parties may resort to mediation before or after triggering a trial. Mediation can be applied, in principle, on any type of conflict. However, the Romanian legislator has established
special stipulations on conflict mediation in criminal, civil and family law. Although not expressly provided, the stipulations regarding the civil conflicts and also apply to commercial conflicts. Therefore, the mediation is applicable to most types of lawsuits, except those relating to personal rights. As a "winwin" principle, the mediation does not convert any of the parties defeated or victorious; all those involved have gained by applying this procedure.
the century of solving conflicts amiably outside the court room. In Romania and the mediation profession were regulated by the Law no. 192/2006, on the basis of the idea that mediation is one of the major themes of the reform strategy of the judicial system 2005-2007. By adopting the mentioned law it was followed the idea of reducing the volume of activity courts, and therefore, relieve them of as many cases, with the
direct effect on the quality of justice. Mediation is a voluntary process in which the parties with a neutral and impartial third party, without power of decision - the mediator - who is qualified to assist the parties to negotiate, facilitating the communication between them and helping them to reach a unanimous effective and sustainable agreement. The parties may resort to mediation before or after triggering a trial. Mediation can be applied, in principle, on any type of conflict. However, the Romanian legislator has established
special stipulations on conflict mediation in criminal, civil and family law. Although not expressly provided, the stipulations regarding the civil conflicts and also apply to commercial conflicts. Therefore, the mediation is applicable to most types of lawsuits, except those relating to personal rights. As a "winwin" principle, the mediation does not convert any of the parties defeated or victorious; all those involved have gained by applying this procedure.
References
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