ALTERNATIVE DISPUTE RESOLUTION. THEORETICAL AND PRACTICAL ASPECTS OF MEDIATION AGREEMENTS IN RELATION TO AN INHERITANCE
ALTERNATIVE DISPUTE RESOLUTION. THEORETICAL AND PRACTICAL ASPECTS OF MEDIATION AGREEMENTS IN RELATION TO AN INHERITANCE

Summary/Abstract: In terms of inheritance, the alternative settlement of disputes, respectively mediation, is a procedure which may be used only with regard to the method of partition, after the inheritance has been debated and the quality of heirs of the parties, the bequest and the inheritance quotas have been established. The parties may resort to mediation either before going to court or during the settlement of the case pending before the court. In both situations, the provisions of Law 192/2006 on mediation and on the organization of the profession of mediator will apply. Through mediation, the parties may reach an agreement and may dispose of their rights in accordance with the law, respectively in terms of sharing the assets that they are entitled to by inheritance, sharing the expenses made by the heirs and how they may incur them, matters that concern the ownership right, possession, neighborhood relations, matters concerning the execution or non-execution or improper execution of certain contracts etc.

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