Mediation advantages

avantaje-mediere

Mediation process allow parties to find answers to a conflict, to at least a part of their dispute or solving a dispute can clarify partial or totally other conflicts because, during the mediation process, they are not bound by the rules of a formal proceeding and are not restricted to those issues which are the official subject of the dispute.

 MEDIATION ADVANTAGES

  • The mediation process is private and confidential, avoiding public exposure over dispute and private information
  • Mediation is less expensive than any other ways of resolving disputes, exempt parties from paying the expertises, evaluations, contract penalties and, in some cases, from judicial stamp duties
  • The time period of a mediation process is depending only on the parties and parties schedule and can resolve the disputes/conflicts in few days
  • Time is money”- mediation being a process which depends on the parties time schedule with fast settlement will be always less expensive
  • The mediation process is realized in a relaxing atmosphere with less emotional stress, being avoluntary and informal process
  • The control on the mediation solution and the voluntary form of mediation, it has as result apermanent mediation agreement based only on the parties interest, therefore, it will be superior, lasting and always win-win solution with the possibility to keep a minimal relationship (family or business)
  • Any information received by the mediator during the separate meetings remains under the terms of confidentiality from the other parties, except when the party allows the disclosure of information
  • During the mediation process the parties define their own needs, interests and generate their own solutions, the mediation being based on the interests of the parties rather than their legal rights
  • When the mediation agreement occurs in extrajudicial situations (voluntary mediation), at the request of the parties, it may be subject either to the authentication of a public notary or to the approval of the court of law. In both cases, the resulting document is enforceable under the law. By enforceable we mean that authentic document under which the bailiff compels the debtor to repair the damage caused to the creditor
  • Failure to observe the mediation agreement draws the contractual liability, the injured party having the right to claim damages under the common law
  • Mediation can be used as dispute prevention, as conflict resolving before going in the court or in any moment of the trial

 
MEDIATION ADVANTAGES IN JUDICIARY PROCEDURE

  • The court of law or arbitration court processes are suspended, at the request of the parties, on the mediation process period
  • The prescription time for judging civil cases by the court of law or arbitration court will be suspended during the mediation process from the signing of mediation contract up to ending the mediation procedure
  • 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 request of reinstate the trial is except from judicial stamp duty
  • Judicial decisions that approve mediation agreements may not be published (Superior Council of Magistracy-decision 2013). The investment decision for the mediation agreement will be given in the council room, without deadlines and swiftly
  • When the conflict is solved throught mediation, at parties’ request, the judicial stamp duty is partial paid or is returned, depending on the object and the moment of introducing the mediation agreement
  • Everything which is discussed during the mediation process is strictly confidential in relation with third parties, therefore cannot be disclosed as evidences in judicial proceeding or arbitrary proceeding, unless both parties agree or the law decide otherwise
  • In the case of courts of law, settling the conflict will be based only on the legal rights of the parties; in the case of mediation the conflict settlement will be based on the common interests of the parties. The notary public cannot prepare an affidavit if the parties are in conflict but has to guide them either to the courts of law or to mediation
  • Whenever mediation takes place during a legal trial the mediation agreement will only be presented to the court that will take into account the mediation agreement and will issue a decision based on it. The mediation agreement becomes part of the judgment, after having checked the substantive and formal conditions. The court decision based on the mediation agreement is an expedient court decision
  • The presentation of the mediation agreement to the notary for authentication or to the court for approval is an obligation of the parties only if the mediation agreement is subject to a transfer of ownership rights over immovable property or other real rights and causes/inheritance partitions, under penalty of nullity. The presentation of the mediation agreement to the court for the approval decision is an obligation of the parties provided that its subject consists of applications related to divorce or separation (e.g. child custody)
  • If the mediation agreement is not upheld by the court the only attack way remains the appeal
  • Even the parties use the mediator, lawyer and public notary services for resolving their dispute, the total cost (money, time and emotional stress) will be less than going in the court
Sună Mesaj