European Policies in Mediation as an Alternative in the Courts of Law

AuthorIon Tutuianu - Dorin Ilie
PositionSenior Lecturer, PhD, University 'Vasile Alecsandri', Bacau, Romania - Mediator, Bucharest. Romania
Abstract: The aim of this article
methods regarding the alternati
focused on the increasing trend o
and the medium and long-term
regarding countries such as Italy
before opening a judicial proc
(attorneys, lawyers, magistrates)
the various European governmen
Keywords: mediation; European
1. Short History of Med
Mediation is a relatively
different public or private
litigation settlement procedur
in the second half of th
strengthening of certain sp
requirements and capacitie
run the mediation process t
finding the most advantage
Historically, we can say t
legal systems occurred
Senior Lecturer, PhD, Univer
Mediator, Bucharest. Romania.
We refer to mediation as an
phenomena existed from the anc
IS DANUBIUS Vol. 10, no. 1/20
European Policies in Mediation as an
Alternative in the Courts of Law
Ion Ţ UŢ UIANU1,,Dorin ILIE2
icle is to synthesize the importance of mediation as one of the mos
ative solutions to courts of law. The approach is qualitative a
d of mediation in Eur ope, an evolution of the related European po
m perspectives of mediation.. F or this purpose we used the case
taly and Romania, countries that have introduced mandatory med
ocess. The study is important for those involved in the justic
es) and the novelty of the study dwells in the analysis of mediat
ent systems.
ean Union; legislation; alternative
vely new3settlement method of conflicts/litigation
te social relations. The institutionalization of mediation
ocedure is materialized in the U.S. (Anche, 2010, p. 10
the 20th Century. The institutionalization included
n specific procedure stages and techniques and of ce
ities from a third party – the mediator – as a person abl
ss toward a maximum efficiency, settlement of litigation by
ageous solutions for each party involved into the confli
y that mediation existed before the legal systems, as
ed only after a certain type of organization
versity “Vasile Alecsandri”, Bacău, Romania. Corresponding a
ia. E-mail:
an institution attached to the modern law system. Mediation
ncient times, in different forms and traditional systems.
AUDJ, vol. 10, no. 1/2014, pp.
no. 1/2014
ost used
e and is
se study
stice act
iation in
on from
ation as
p. 102),
uded the
on able to
tion by
, as the
ion in
ion as a
p. 28-44

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