Mediation vs. Mediator

• Author: Liviu Bogdan Ciuca
• Position: University, Galati - Romania
• Pages: 15-20

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

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

No. 4 (2013), pp. 15-20

15

MEDIATION VS. MEDIATOR

L. B. Ciuc

Liviu-Bogdan Ciuc

The Faculty of Legal, Social and Political Sciences, Department of Legal Sciences

“Dunrea de Jos” University, Galai, Romania

* Correspondence: Liviu-Bogdan Ciuc, Palatul Parlamentului, 2-4, Izvor Street, Sector 5,

Bucharest, Romania

E-mail: eurom2000@yahoo.com

Abstract

The title of this paper was suggested by the confusion existing even among certain

mediators about what mediation is and what it represents actually.

Is mediation “a different type of justice” or, otherwise, it is “an alternative to

traditional justice”? Is mediation a procedure still unknown to the public and professionals?

Is mediation insufficiently publicised? Is there a background of distrust about this procedure?

In this paper we are trying to answer these questions and suggest solutions likely to

determine the strengthening and promoting of the mediation procedure like a procedure both

efficient and necessary all the same.

Keywords: mediation, conflict, conciliation, procedure, alternative.

Introduction

Is mediation a simple form of solving conflicts as a result of conciliation discussions

skilfully and equably held by mediator or is it a procedure where the mediator can venture to

suggest solutions often unlikely to comply with the legal provisions?

Is mediation an efficient alternative to avoid bureaucracy and save time and financial

costs otherwise spent for settling litigations or is it an incorrect method of simulation of some

"conflicts" approached under a mediation agreement likely to be subsequently validated by

the court, without meeting all procedural and taxation duties imposed by law for such a

procedure?

We believe mediation is a noble activity by its very purpose, by the economic and

social importance generated by the result obtained, an activity which should be first respected

by mediator and then by those who resort to mediation.

With a long history, with its sources in ancient Greece and Rome, they can be found in

the modern history of civilized states, in our country it still faces problems of acceptance and

perception as fighting a conflict procedure. From a legislative perspective “the mediation is a

way to resolve conflicts amicably, with a specialized third party as mediator,... “

1

.

If we consider that during 2007-2011, 265.772 cases were registered in the 15 civil

appeal courts, representing a 77% increase, and if we consider that 941.335 cases were

registered in the 46 civil courts of law, representing a 61% increase, and if we also analyze

the fact that 1.942.001 cases were registered during the same reference period at courts,

representing the stock existing on the 31st of December 2010, that is a 68% increase, then we

can easily see that the mediation procedure is both useful and necessary as well.

2

1

Article 1 of Law no. 1 92 of 16 May 2006 regarding the mediation and establishin g the mediator profession,

published in the Official Gazette of Romania no. 441/22 May 2006, thus amended b y Law no. 370/2009 for

amending and supplementing Law no. 192/2006 on mediation and establishing the mediator profession,

published in the Official Gazette of Romania no. 831/3 December 2009 .

2

Reports of the Superior Council of Magistracy from Romania, 2 007-2011.