Considerations on the development of mediation in romania

• Author: Laura-Dumitrana Rath-Bosca
• Position: Law and Economics Faculty, Social Sciences Department Agora University of Oradea, Oradea, Romania
• Pages: 20-24

AGORA International Journal of Juridical Sciences, http://univagora.ro/jour/index.php/aijjs

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

No. 4 (2015), pp. 20-24

20

CONSIDERATIONS ON THE DEVELOPMENT OF MEDIATION IN

ROMANIA

L.D.Rath-Boșca

Laura-Dumitrana Rath - Boşca

Law and Economics Faculty, Social Sciences Department

Agora University of Oradea, Oradea, Romania

*Correspondence: Laura-Dumitrana Rath - Boşca, Agora University of Oradea,

8 Piaţa Tineretului St., Oradea, Romania

E-mail: dumitra1970@yahoo.com

Abstract

Taking into consideration that our society faces a continuous development, it would be

good that the principles and the methodes of managing the society would develope, because

these seems to be overwhelmed.

Also, regarding the mediation, it takes time to implement it into the society’s structure,

in the social, economical and political sistem.

Keywords: transition, law, mediation, measures, justice

Introduction

The transition period in any society which encountered radical changes of the

Government or the Political regime had multiple relativities and complications.

In Romania, the transition period seems to have no end and on the contrary it seems

more and more complciated. The mediation is also in a transition period, that is also endless,

after so many years, the concept is still very little known, very little understood and asimilated

by the society and even by some mediators. This fact is not surprising because of the big

number of mediators and the easy way of becoming a mediator. A mediator becomes a

professional only by practising this job seriously, with perseverance and with vocation.

When we express our doubts regarding this situation, the explanation is that “it is a

new system which has to model itself on the level of maturity of the Romanian society.”

„The fact of being of the law is to achieve its goal of protecting the social values

necessary for the rule of law state”

1

.

The first initiations for promoting the mediation were in 1996 when the Foundation for

the Democratic Changes together with the Canadian International Institute for Applied

Negociation started the first project in the mediation field. In this project were involved

representatives of the legal system and representatives of the Ministry of Justice.

In 2000 The Ministry of Justice initiated the first project of law regarding the

mediation. The project encountered a strong feeling of opposition, especially from the

parliamentary who were also lawyers. The mediation, as an efficient solution for solving the

legal cases and the conflicts between parties was not seen as one of the solutions for

increasing the quality of the legal act and the relief of the Courts, even if it was included in

the engagement of the Romanian's adhering to European Union.

At May 22nd, 2006 was published the Law no.192/2006 regarding the mediation and

the profession of mediator which established that the mediation is part of the system for

solving the conflicts, the duties of the mediator within the mediation procedure, the duties of

1

L. R. Popoviciu, Criminal Law. General part (Drept penal. Partea generală), Bucharest, Pro Universitaria Publishing House, 2011, page

36