Alternative dispute resolutions within administrative contracts: attributes and enforcements
|Author:||Mihaela V. Carausan, PhD|
|Position:||National University of Political Studies and Public Administration, Faculty of Public Administration, Bucharest, Romania|
This study provides an overview of the attributes of the alternative dispute resolutions (ADRs), and attempts to address the missing information about the use of these methods in Romania. Particular attention is given to the arguments that take a dispute out of the court. ADR schemes are known as out-of court mechanisms, which have been developed across Europe to reach a peaceful agreement. ADR schemes usually use a third party such as an arbitrator, mediator or conciliator, negotiator to help the parties to reach an amicable settlement. The advantages of ADR schemes are that they offer more flexibility; they are cheaper, quicker and more informal than the court. Within the world based on the country development, legal culture and traditions, business environment, and other factors ADR techniques have evolved differently in each one of them, even in the countries which are member of the same legal family. This article defines the basic ADR traits and reviews the theory, history, controversies, and future of alternative dispute resolution processes in administrative contracts.