Resolving conflicts from the mediation point of view

• Author: Laura Dumitrana Bosca Rath
• Position: Law and Economics Faculty, Social Sciences Department, Agora University of Oradea, Oradea, Romania
• Pages: 163-168

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

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

No. 1 (2013), pp. 163-168

163

RESOLVING CONFLICTS FROM THE MEDIATION POINT OF VIEW

L. D. Rath Boca

Laura-Dumitrana Rath Boca

Law and Economics Faculty, Social Sciences Department,

Agora University of Oradea, Oradea, Romania

*Correspondence: Laura-Dumitrana Rath Boca, Agora University of Oradea,

8 Piaa Tineretului St., Oradea, Romania

E-mail: dumitra1970@yahoo.com

Abstract

The first initiatives to promote mediation in Romania goes back to 1996, when

Foundation for Democratic Change, in cooperation with the Canadian International Center

for Applied Negotiation (CIIAN) implemented a project targeting the use of mediation in the

Romanian judicial system, a project involving more representatives of the legal – related

professions and of the Ministry of Justice.

Mediation responds to the need to resolve conflicts among parties, outside trial courts,

providing an adequate answer for the problems of the parties, which do not always find an

appropriate judicial support, and it is based on the right and possibility of the parties to solve

their conflicts in an advantageous manner, quickly and effectively that helps to the

decongestion of trial courts, to the social harmony and peace, which we all want.

Key words: mediation, mediator, mediation agreement,

Introduction

Dealing with this theme I am going to start by defining mediation.

According to Article 1, paragraph 1 of the Law 192/2006, regarding mediation and

the organization of the mediator profession, “Mediation represents a facultative modality of

resolving conflicts amicably, with the help of a third person specialized as mediator, in

conditions of neutrality, impartiality and confidentiality”

1

. This is the way mediation is

defined in Law 192/2006, a “facultative modality”.

“Mediation is a



magical



process which enables parties to resolve disputes even

if all other attempts have failed. It is a swift, cheap and effective way of avoiding lengthy and

costly litigation and achieves a more satisfactory outcome for all”

2

.

“Mediation can be used by the rich and by the poor. It can be used in multi-million

pound international commercial disputes as readily as it can be invoked in ‘minor’ neighbor

disputes. It is swift, relatively cheap, and has a reported success rate of up to 85%”

3

.

According to the Report on the state of justice, released by the Superior Council of the

Magistracy

4

, statistical data of the last 5 years shows an alarming increase in the number of

cases that are on the role of the trial courts. From here it may be implied that every judge had

a larger number of cases to resolve.

1

Article 1 paragraph 1 in Law no.1 92/2006, 16/05/2006, published in the Official Gazette of Romania, Part I no.

441 on 22/05/2006 on mediation and organization of mediator profession.

2

Freddie Strasser, Paul Randolp h, Medierea - O perspectiv psihologic asupra soluionrii conflictelor,

FMMM.RO Publishing House, Bucharest, 2012;

3

For more information see the website: http://www.paulrandolp h.net/ what_is_ mediation.php.

4

For more information see the website: http://www.csm1909.ro /csm/index.php?cmd=24.