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what is mediation?

Alternative Dispute Resolution (ADR) is a set of extra-judicial mechanisms of resolving legal conflicts between parties, outside of courtrooms. One of the mechanisms of ADR is Mediation.

Mediation is primarily a confidential procedure. Parties in dispute resort to obtaining neutral and impartial assistance of a mediator to resolve the conflict between them by negotiation. The mediator obtains and compiles a mediation agreement which will represent the will of the parties.

Mediation is a structured, voluntary process, which facilitates conflict solving between parties, emphasizing the interests of the parties instead of the judicial aspects of the conflict. The governing principles of mediation are impartialness, neutrality and full confidentiality.

advantages

Mediation is based upon the win-win principle, a principle according to which all parties gain something and no party loses;

  • The entire legal procedure takes place under the rule of confidentiality;

  • Parties may come to solutions appropriate to their needs, having full power of decision;

  • Parties can negotiate convenient solutions for all those involved in the conflict;

  • It is a way to avoid court expenses, stamp duties, expert fees;

  • It is a way to save time and avoid the stress of court litigations;

  • It is a way to avoid public exposure of problems of the parties;

domains

Under the Law no. 192/2006, parties may initiate the mediation procedure:

  • In any civil proceedings

  • Any commercial litigation;

  • Family disputes;

  • Consumer Protection;

  • Conflicts of law in labor disputes; 

  • Criminal law: for offenses where the law provides that criminal liability is removed by withdrawal of preliminary complaint or reconcilliation of the parties;