Mediation has become a preliminary procedure, alongside conciliation in commercial disputes, following the changes of the Civil Procedure Code and Law no. 202/2010 “the small reform”.
Commercial conflicts, regardless of the situations or aspects which create the conflicts, will have negative effects on the partnership relations, employees, collaborators and especially on the parties of the conflict. For those which want to avoid litigation, in many cases to lengthy, costly and very public, mediation offers the alternative possibility of conflict resolving.
- retail (consumer’s protection, conflicts between and inside companies, partnership relations regarding the execution, modification, interpretation or termination of contracts, relations with public institutions and natural persons, i.e.)
- constructions (modifications, delays, errors, guarantees, cost increases, i.e.)
- real estate (landlord/tenant, property rights, buyer/seller, i.e.)
- insurance, leasing (auto or property), consultancy, bank credits
- other commercial contracts….
- low costs – with respect to fees on long time period for lawyers, experts or with respect to the posibility to receive back the judicial stamp duty
- fast solutions – “time is money”. In the same time are avoided the financial negative effects (penalties, interests), the contracts penalties (suspensions termination, delays) or economical penalties (loss of market share, loss of image)
- confidentiality – disputes and contractual data remain confidential (partners, object, payments, i.e.) for the competition and the mass-media
- avoidance of imposed solutions based on evidence, without looking at the entire and complex situation (the court of arbitration and courts of law situations)
- commercial mediation can apply during proceedings phases (anytime during the trial), but also during extra-proceedings phases (voluntary phase). In both phases, the prescription term is suspended, in legally limits, during the mediation process time
- mediation is useful during the insolvency procedure. Establishing the probability of payments inability in early stage and creating alternative solution at insolvency procedure by the involved parties it will be always better than let this issue solved by an judicial administrator/liquidator
- mediation is also useful during forced execution procedure. The mediation agreement can be made with the scope of changing the execution subject, in case of missing or sale impossibility of the goods or in the case of creditor waiver of execution performance
- even the parties use the mediator, lawyer and public notary services for resolving their commercial dispute, the total cost (money, time, public expose and emotional stress) will be less than going in the court and the partnership relation will be saved, keep and improved