News

12
Jan

Procedural mediation vs extra-procedural mediation

Some similarities and differences between the two parties could be easily noticed according to the nature of the conflict. The aim of the mediation is the same, the conflict’s putting out and the maintenance of a minimum relationship. Click for article  

12
Jan

Legalization procedure of the mediation agreement

By correlating the provisions of Art. No. 59 of the Mediation Act with the provisions of Art. No. 438-441 of the new Civil Procedure Code, the legalization procedure of the mediation agreement is easy, fast and very efficient, both legal and financial. Click for article

12
Jan

Division of inheritance through the mediation agreement

The conventional division’s benefit is given by the shorter time of completing the succession procedure. The drawback of the conventional division is financial, as it includes besides the Notary Public’s fee the 3 percent stamp duties of the shareable estate value, taxes which cannot be recovered and for many times they are not at all negligible. More than that, the

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12
Jan

Mediation and CCR decision of 07.05.2014

The final and generally mandatory decision, yet unmotivated by the CCR, finds and admits that the provisions of art. 2 para. 1 and 12 of the Law no. 192/2006 on mediation and organization of the mediator profession are unconstitutional. Justices appreciated that participation in the information session regarding the advantages of mediation should be optional or recommended by the court

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12
Jan

Comprised of the mandatory information session

The obligation to attend the information meeting on the advantages of mediation, as procedure prior to the court or right after the onset of a trial in the court of law, is a procedure that does not involve going through the entire mediation process, it is free provided that the procedure to invite the other parties by the mediator is

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12
Jan

Mediation and usucaption

Although, at first sight, usucaption can only be made by court and land register, mediation is not excluded, but useful. In order to settle a conflict by mediation, two conditions must be met: the dispute must not regard the parties’ right of strictly personal nature and the parties must agree and accept the mediator and the mediation process. If the first condition

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12
Jan

Cheaper stamp duties in case of the mediation agreement

Cheaper stamp duties in case of the mediation agreement After the amendments made to the mediation law by Government Emergency Ordinance 80/2013, in the case of transfer of ownership and division of goods, mediation becomes more favourable for the parties before going to court because the stamp duties are on the half. For the rest of conflicts the parties should

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12
Jan

Mediation and music

Mediation is like a dance of two or more partners who do not know how to dance together, although they want it, no longer know how to dance together, although they did it very well for a time or, simply, do not want to do it anymore. Similarly to the dance instructor, the mediator is a professional, but, as instructors

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12
Jan

Why mediation…

Despite the fact that mediation has its sense, is convenient and even pleasant, by means of comparison, in the unpleasant context of a conflict, many people’s and even our yet active reluctance impedes us use it exactly as it was created and in the mere purpose for which it was created. If we wanted, because we most certainly can,  to

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12
Jan

Implies of the obligatory informational session

According to the G.E.O. 90/2012, before going to court or, upon the court’s request during a trial, the parties must be informed about the advantages of mediation and decide how they will settle their dispute: with the help of the mediation procedures or by continuing the proceedings in a court of law. The free informational session about mediation advantages will

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Sună Mesaj