What is mediation

 

Mediation is a form of amicably resolving conflicts, where the mediator assists the parties to negotiate a final accept and assume agreement in neutral, impartial and confidential conditions with free consent of the parties.

The short definition: mediation is assisted negotiation.

The most commonly mediation processes are civil/commercial matters and family/divorce matters, but mediation can be used to resolve any kind of dispute if are fulfilled two conditions:

the dispute to be on regards of the negotiable rights of the parties (personal rights can not be negotiate so can not be mediate)
the parties to agree and accept the mediator and the mediation process
Mediation process has a structure, timetable and dynamics that “ordinary” negotiation lacks. Mediation can be used in a voluntary way (prevent and solve disputes through assisted negotiation) or judicial way (judicial prior procedure or during the judicial process).

The mediation is based and works on the interest of parties not on their legal rights with the final scope of solving the dispute in mutual interests of the parties, in its complexity.

THE LEGAL GROUNDS OF MEDIATION are established by Law no. 192/2006 on mediation and the profession of mediator amended by Law no. 370/2009, Law no. 115/2012 and G.E.O. 90/2012.

In addition to modifying and annotating the mediation law, besides those mentioned, the following have also, so far, contributed: G.O. 13/2010 (transposing Services Directive 2006/123/EC); Law no. 202/2010 (on some measures to accelerate the settlement of trials. The Small Justice Reform); G.E.O. 4/2013 (amending Law no. 76/2012 for the implementation of Law no. 134/2010 on the Code of Civil Procedure, and amending and supplementing certain related legislative acts); Law no. 214/2013 (for the approval of G.E.O. 4/2013) and G.E.O. 80/2013 (on stamp duties).

Mediation vs Judicial procedure

  • Collaborative
  • Confidential
  • Is based on interests for short and long time period
  • Parties solution will be always accepted and respected
  • Supportive of relationships
  • All parties are winners
  • Quicker
  • Is the correct and complementary alternative way at judicial process.
  • Adversarial
  • Public
  • Is based  on rights
  • Judge solution will be always contested by the loser party.
  • Destructive of long term relationships
  • The parties are winners and losers
  • Time consuming
  • Can be released of the disputes where the parties can negotiate
Sună Mesaj