The Mediation of Individual Labour Conflicts. New Perspectives Following the Adoption of the Code of Civil Procedure

• Author: Onica-Chipea, L.
• Position: Faculty of Law, University of Oradea
• Pages: 69-76

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 6 (55) No. 2 - 2013

THE MEDIATION OF INDIVIDUAL

LABOUR CONFLICTS.

NEW PERSPECTIVES FOLLOWING THE

ADOPTION OF THE CODE OF CIVIL

PROCEDURE

Lavinia ONICA-CHIPEA1

Abstract: The paper aims to analyze the view on mediation after the

adoption of the new Code of Civil Procedure, applicable for individual work

conflict resolution. Information sessions on mediation procedures and force,

and the establishment of specific tasks for the judge in order to go through

the entire reconciliation process, providing the necessary guidance, produces

significant changes in individual labour conflict mediation. However,

mediation remains an optional alternative to judicial proceedings, the parties

must agree to work conflicts amicably and, - one party will not suffice.

Key words: mediation, individual labor disputes, mandatory information

meeting, certificate information, the minutes;

1 Faculty of Law, University of Oradea.

1. Overview of the legal conflict

mediation

According to Law no. 192 of 2006 on

mediation and the mediator profession that

came into force on June 8, 2008, mediation

is a way of resolving conflicts amicably

through a third party as a mediator

specializing in conditions of neutrality,

impartiality, confidentiality and with free

consent of the parties (Article 1).

Mediation involves "third party

mediation, proposing solutions to parties,

but without being able to impose" and

negotiate with the parties" a project that is

supposed to represent them”.

Thus, “mediation is the means whereby

conciliation is reached, but the mediator is

paid by the parties” [1]. The two manners

of solving conflicts amicably are not

mutually exclusive and an active role in

the exercise is held by, the judge who has

the obligation to continue in an amicable

settlement of the dispute by engaging

himself in giving appropriate advice to

parties, and to bring their to knowledge the

organization and functioning of the

mediation process.

According to the provisions of Law

no. 192/2006, as amended, mediation may

be used in any dispute in civil,

commercial, family disputes, consumer

rights disputes, criminal law, or only for

offenses for which the law stipulates

that criminal liability is removed by

withdrawing prior complaints or by

reconciliation, as well as in individual

labour conflicts.