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Medierea Şi Arbitrajul – Modalităţi Alternative De Soluţionare A Conflictelor

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  • Sidonia Culda

Abstract

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

Suggested Citation

  • Sidonia Culda, 2012. "Medierea Şi Arbitrajul – Modalităţi Alternative De Soluţionare A Conflictelor," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 6(1), pages 22-29, June.
    • Handle: RePEc:dcu:journl:v:6:y:2012:i:1:p:22-29
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