The responsibility of the mediator

• Author: Nicoleta Elena Buzatu
• Position: University, Bucharest - Romania
• Pages: 10-14

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

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

No. 4 (2013), pp. 10-14

10

THE RESPONSIBILITY OF THE MEDIATOR

N. E. Buzatu

Nicoleta-Elena Buzatu

Faculty of Juridical and Administrative Sciences

“Dimitrie Cantemir” Christian University, Bucharest, Romania

*Correspondence: Nicoleta-Elena Buzatu, “Dimitrie Cantemir” Christian University, 176

Splaiul Unirii, 4 District, Bucharest, Romania

E-mail: nicoleta_buzatu@yahoo.com

Abstract

Mediation is an alternative to the court, which brings solutions for those in conflict,

without appealing to legal instruments. The legal liability therefore comes when illegal acts

take place, and represents a major guarantee of complying with legal standards. In the case

of breaking legal standards, the social values which such standards defend are in danger. To

protect such values, a legal liability is established, when the legal standards are broken,

meaning that people, in our case the mediators, producing certain actions by which legal

standards are broken, need to undergo certain legal effects, namely they are likely to have

legal sanctions applied.

Keywords: mediator, legal liability, principles, obligations, sanctions

Introduction

The mediation is a process to manage conflicts, allowing the prevention or the solving of

conflicts due to the intervention of a third party, impartial and having no power of decision,

and who guarantees the communication between partners and, implicitly, leads to re-

establishing the social connection

1

.

The object of the mediation is the conflict between the parties. To mediate means to

intervene between hostile parties and to lead them to solving a conflict. The mediator is

obliged to value and analyze carefully the object of the conflict, before accepting the case,

deciding if that conflict is likely to be solved via mediation.

The concept of liability or responsibility names a reaction of reprimanding coming

from the society, towards a certain human action, mainly attributable to an individual. In other

words, the liability is that social form, established by the state, through an illegal act, which

determines undertaking the adequate consequences, by those guilty, including the use of

constraint, with the aim of re-establishing the rule of law thus affected

2

.

The common meaning ascribed to liability, no matter the way it takes places, is that of

an obligation to undergo the effects of non-compliance with the legal standards. The nature of

the broken rule determines the nature of the type of liability.

In case the mediator breaks the obligation stated by the law, the standards provided by

the Working Regulations or the Code of Conduct and Professional Deontology, this one are

1

Rdulescu, D.M.; Mic, E.; Mic, V. – Medierea – metod de combatere a discriminrii (Mediation – Way to

Combat Discrimination), vol. NEDES 2012 – Exercitarea dreptului la nediscriminare i egalitate de anse în

societatea conte mporan (Exe rting the Right to Non-Discrimination and Equal Opportunities in Contemporary

Society), Pro Universitaria Publishing House, Bucharest, 2012, p . 82.

2

Popescu, A.M. – Drept administrativ general. Manual de studiu ind ividual (General Administrative Law.

Individual Study Coursebook), Pro Universitaria Publishing House, B ucharest, 2012, p. 96.