FUNCȚIONEAZĂ SOLUȚIONAREA CONFLICTELOR PRIN MEDIERE?
DOES CONFLICT RESOLUTION THROUGH MEDIATION WORK?

Summary/Abstract: Mediation is a form of dispute resolution that resolves conflicts amicably, with the help of a third party specialized as a mediator, under conditions of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation has many advantages: the confidentiality of the mediation procedure, a faster and often less expensive procedure than the trial and, most importantly, a mutually beneficial solution. In recent decades, in many countries, there has been an increased interest in resolving conflicts in this way. The interest in promoting mediation has also been noted internationally. This paper analyzes, from a comparative perspective, the national and international regulation on mediation as well as its status in Romania. Although the legal regulation dates to 2006 and despite its numerous advantages, mediation is advancing with small steps. The decisions of the Court of Justice of the European Union and the European Court of Human Rights, which have decided that resorting to a mediation procedure, as a condition for the admissibility of legal action, is not contrary to European Union law or the Convention are also considered.

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