Mediation, Mandatory Information and Facultative Applicability

• Author: Mihail-Silviu Pocora
• Position: Senior Lecturer, PhD, Hyperion University of Bucharest, Romania
• Pages: 126-129

European Integration - Realities and Perspectives 2014

126

Mediation, Mandatory

Information and Facultative Applicability

Mihail-Silviu Pocora

1

Abstract: Considering that mediation is a facilitating way to access the alternative solving of litigations in

conciliatory ter ms, the study is encouraging using the mediation and providing a b alanced relationship between

mediation and judiciary procedures. As an aftermath of summary definition, we can say that ro le of mediation is to

overcome the communicative barriers in order to solve the conflict and save the fact situation on both parts. The

study aims to anal yze objectively all consequences of both solving ways of litigations: traditional one, through the

law court and mediation, with the advantages derived from the m (celerity vs. time consuming, expensive ju diciary

proceedings vs. low costs, etc.)

Keywords: alternative justice; conciliation; celerity; advantages

1. Introduction

The multitude of juridical rapports issued due to the existence of free circulation of people and goods

in the EU lead to a growth of the litigations between people with residence in the different EU member

states, therefore of cross border litigations. Carrying on a lawsuit in another member states than that of

the residence state can be rather discouraging because of the high costs, linguistic differences and

uncertainty related to recovering claims. This is the reason why the first step in putting an end to the

conflict is the attempt to solve it in a conciliatory manner.

An efficient instrument of solving the conflicts in such a manner is the cross-border mediation as a

type of mediation. The mediation, besides other alternative methods of solving conflicts (conciliation,

negotiation, arbitration), can outweigh the disadvantages of a trial.

Due to its specific characteristic, not only does mediation solve the conflict but it also eliminates it,

causing both parts to respect willingly, the agreements as a result of the mediation and hence to

maintain the relationship between them. It means a major progress of civilization mainly because it

allows both parts to adopt willingly, their own decisions, also assisted by a third independent impartial

neutral part when two of them failed in their attempt to find a solution themselves to put an end to the

argument they are involved in (Mitroi, 2010). This trial can be initiated by both parts, on court

recommendation or given by the right of a member state.

2. Legislation

As regard the legislation, Directive no. 2008/52/CE was issued by the European Parliament and the

Council of May 21st 2008 concerning certain aspects of mediation in civil law and commercial law

1 Senior Lecturer, PhD, Hyperion University of Bucharest, Romania, Address: Calea Clrailor, Bucharest 030615,

Romania, Tel. +40740 113 579, Corresponding author: monicapocora@univ-danubius.ro.