Aspects of mediation in Romania

• Author: Gheorghe Bunea
• Position: Faculty of Law, the Law Department 'Bogdan Voda' University of Cluj-Napoca, Romania
• Pages: 16-20

AGORA International Journal of Juridical Sciences, www.juridicalj ournal.univagora.ro

ISSN 1843-570X, E-ISSN 2067-7677

No. 2 (2014), pp. 16-20

16

ASPECTS OF MEDIATION IN ROMANIA

G. Bunea

Gheorghe Bunea

Faculty of Law, the Law Department

“Bogdan Voda” University of Cluj-Napoca, Romania

*Correspondence: Gheorghe Bunea, “Bogdan Voda” University, 26A Grigore Alexandrescu,

Cluj-Napoca, Romania

E-mail:

buneagheorghe@yahoo.com

Abstract

An important concern for the European Council in the past 15 years was to find ways

for settling some divergences appearing in European Union countries. For this purpose, a

number of recommendations were adopted for their settlement by mediation. We have tried

below a presentation thereof as well as of some aspects related to mediation in our country.

Keywords: mediation, conflict, negotiation, law, crime, civil case

Introduction

Mediation it is a very current legal instrument intended for conflict resolution, which

starts from the principle of offsetting the parties’ interests, based on their free will, durable

and perceived as very advantageous. This is the only alternative whereby judges are benefited

in the context of the globalization phenomenon, to get rid of the many cases they should

settle.

Mediation can settle in a balanced and concessive manner the interests of both the

citizens and the State in the same time, an activity whereby conflict situations are settled

amicably, over a much shorter period of time and with greatly reduced costs.

Although it approaches issues related to relationship and communication as well,

mediation as defined by Christopher Moore (1996) places the most attention on the

negotiation between the parties in order to make the best decision regarding the problem they

face, mutually accepted by them

1

. The choice of approach to mediation supports also

situations in which negotiation may appear at the end of a case or relationship, and not

necessarily at the beginning thereof or to strengthen the relationship or to settle it favorably

for the parties.

The concern for establishing criteria for balancing the gains and losses must exceed

for the parties involved the barrier of their own interests, having to the fore their common

interest.

The Council of Europe has adopted several Recommendations relating to mediation,

establishing principles and directions for action addressed to the Member States, namely

Recommendation no. 98 (1) on family mediation, Recommendation no. 99 (19) concerning

mediation in penal matters, Recommendation no. 2001 (9) on the alternatives to litigation

between administrative authorities and private persons and Recommendation no. 2002 (10)

with regard to mediation in civil matters. Furthermore, in 2007, the Council of Europe has

adopted three guidelines in criminal, civil and administrative matters, and later, in 2002, the