Mediation, Mandatory Information and Facultative Applicability

Author:Mihail-Silviu Pocora
Position:Senior Lecturer, PhD, Hyperion University of Bucharest, Romania
European Integration - Realities and Perspectives 2014
Mediation, Mandatory
Information and Facultative Applicability
Mihail-Silviu Pocora
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:

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