Definition

Mediation (Ro.: mediere, Fr.: médiation , n.f.) (See also: arbitration, conciliation, alternative dispute resolution) = an alternative dispute resolution mechanism based on the intervention of a third neutral part to obtain an agreement for two parties which are in a conflict.

Mediation represents an insurance to repair the damage caused to the victim and community and also a first step for the reintegration of victims and criminals into society.

The principles underlying the mediation procedure are the voluntary nature of the procedure, self-determination, mediator’s neutrality and impartiality, confidentiality.

Advantages:

  • A case can be solved through mediation in a few hours, which means spending less money on hourly fees and costs.
  • The meetings in a mediation process are strictly confidential, only the two parties and the mediator know what happened inside the room.
  • Mediation increases the control the parties have over the resolution, because in a court case the parties obtain a resolution from the judge or the jury, but in mediation it is more likely to produce a result that is mutually agreed on by the parties.
  • The parties are working together on the agreement and the result expresses what they really wanted to obtain.The parties in a mediation are typically ready to work mutually toward a resolution.The mediator acts as a neutral facilitator and guides the parties through the process, but he also helps the parties to  think ‚ outside of the box’.

Useful links

Legislation

Mediation in Romanian Civil Procedure Code: http://legeaz.net/noul-cod-de-procedura-civila/art-227 [Romanian]

Mediation in Romanian Criminal Procedure Code: http://legeaz.net/noul-cod-procedura-penala-ncpp/art-23 [Romanian]

Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters:

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=URISERV:l33251 [English]

Organisations and associations 

http://www.worldmediation.org/ - World Mediation Organisation

http://www.eu-mediation.net/ - European Mediation Network Initiative 

http://www.mediate.com/ - Mediators and information about mediation

Online articles

http://www.lexology.com/library/detail.aspx?g=59084c8a-49b8-4b45-9f82-5a69ae7dfe57 - Mediation in Europe: the most misunderstood method of alternative dispute resolution, Weil, Gotshal & Manges LLP, May 29, 2014

http://www.anm-mediation.com/wp-content/uploads/2014/01/Chronique-Fabrice-VERT-La-me%CC%81diation-dans-le-domaine-judiciaire-en-France-les-Annonces-de-la-Seine-5-mai-20141.pdf - La médiation dans le domaine judiciaire en France, Les Annonces de la Seine, nr. 25, May 5, 2014

Publications

Watkins, M., Rosegrant, S., 2001, Breakthrough International Negotiation: How Great Negotiators Transformed the World’s Toughest Post-Cold War Conflicts. San Francisco: Jossey-Bass

Lederach, J.P., 1995, Preparing for Peace: Conflict Transformation Across Cultures. Syracuse, N.Y.: Syracuse University Press 

Dănileț C., Szabo A., Dedu I., Răduț A., 2014, Ghid de mediere penală, Publisher:C.H.Beck

Dragne L., Trancă A., 2011, Medierea in materie penală, Publisher: Universul Juridic

 

By Mădălina Enea