MEDIEREA ŞI ARBITRAJUL – MODALITĂŢI ALTERNATIVE DE SOLUŢIONARE A CONFLICTELOR
Authors: Sidonia Culda
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Mediation is a method to solve conflicts amicably with help of a specialized person (the mediator), in terms of neutrality, impartiality and confidentiality, having the free will of the parties. Thus this method of resolving conflicts was defined by Law no. 192 from 16th of May 2006. Mediation is a public interest activity which presents multiple advantages over court conflict resolution.
There are several ways to mediate: Facilitative Mediation – is the procedure in which the mediator leads, assists and helps the parties to reach a mutually accepted agreement; Evaluative Mediation – in addition to the control of the procedure, the mediator is more involved and may even suggest solutions to the dispute; Transformative Mediation – the basic principle of this method is that it encourages each party to understand the needs, interests and points of view of the opposite party and Narrative Mediation – is the one in which the mediator, together with the help of the parties, creates an “alternative story” which is a combination of versions of each party and will provide the premises to solve the dispute.
However we classify it, mediation is part of ADR (Appropriate Dispute Resolution) together with negotiation, conciliation and arbitration and I would recommend it to anyone who is about to arrive or are already in a state of conflict.Arbitration is an alternative jurisdiction of a private character. Arbitration agreements are concluded in writing and they may take the form of an arbitration clause or of a compromise.