Civil mediation

mediere-familiala

 

Mediation in the field of civil law may be applied only in those disputes that do not involve acts of public disturbance and misconduct, as well as a person’s rights or rights about a persons cannot decide.

FIELDS

Delimitation of property boundariesthe delimitation of property boundaries can be done through reconstruction of borders and through setting appropriate signs. The reconstruction of borders can be done through the boundary displacement or through delimitation of the neighboring properties. In this case the mediation can maintain a respectable and harmonious social environment.

Property claim – it is the legal action when the property right it is vindicate through the possession restitution or through compensation in case of property destruction or alienation. The mediation agreement in this case must be in writing and the court of law must check the legality of the documents and the will of the parties.  The control over the dispute solution and exemption of judicial duty stamp can have as a  result the achieving a win-win solution with time, money and emotional stress preservation.

Evacuationin generally it is in respect with rent contract but can be applied in the cases when a person does not want to leave a building and it is not a tenant. Mediation in this case is the immediate solution for the resolving of the dispute without going in the court.

Inheritances and judicial or successions distribution – it is done through the law or through the party will. The inheritance opening and the judicial or successions distribution are developed in the family mediation section.

Claims, restorations, leasehold relations, neighbour relations, obligation “to do” and any civil disputes which are not involving the acts of public disturbance and misconduct, as well as a person’s rights or rights about which persons cannot decide, can be solved through mediation.

Mediation agreement effects in civil dispute in extra-judicial phase:

  • in extra judicial phase the prescription terms for the right of action are suspended during the mediation process;
  • the mediation agreement can be in verbal or writing form, the notary authentication or the court of law approval  being optional if is not otherwise provided by law;
  • the mediation agreement with the notary authentication or the court of law approval it is enforceable and can be used in force execution;
  • in some cases, the mediation agreement must be authenticate by a public notary or approved by court of law in the scope of producing legal effects (it is the case of assets where the missing publicity is canceling the parties agreement);

 Mediation agreement effects in civil dispute in judicial phase:

  • in the judicial phase the court of law or arbitration court processes are suspended, at the request of the parties, on the mediation process period;
  • the play out time is suspended during the mediation process, but not more than 3 months from the date of signing the mediation contract;
  • the parties can come in the court anytime during the legal action, even without subpoena, to ask the court to issue a decision based on the mediation agreement. If the parties will present the mediation agreement in the day establish through subpoena the court decision will be issued in the court hearing. If the parties will present the mediation agreement in any other day the court decision will be issued in closed session. The court will issue an expedient decision which will included the mediation agreement and which it is final, irreversible and enforceable;
  • in the case the parties does not reach a mediation agreement, the request to reinstate/continue the trial is free of duty stamp taxes.

The resolving of the dispute thorugh mediation, in judicial or extrajudical phases, can be on the entire dispute or only on a part of it, up to the parties will.

Sună Mesaj