Judicial and Extrajudicial Mediation
Judicial and Extrajudicial Mediation

Summary/Abstract: In a booming society where conflicts are inevitable, the solving methods must be governed by flexibility and accessibility. According to Directive 2008/52/EC of the European Parliament and the Council stated on 21 May 2008 concerning certain aspects of mediation in civil and commercial area, it is necessary to introduce a "framework legislation addressing, in particular, to key aspects of civil procedure”. According to Art 33 of the UN Charter, "the parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice”. Mediation is a way of solving conflicts amicably through a third party specialized in mediation, as an alternative to classical state justice. Through mediation the act of justice is improved by providing a private and confidential framework in which the parties are not hindered by the burden of courtroom’s formalism, and the result is always satisfactory for both parties' needs, unlike the trial court, where we find a winning and a losing party. Regarding the scope of mediation in Romania is, according to Art 2 of Law no. 192 of 16 May 2006 on mediation and the profession of mediator, amended by Law no. 370/2009, to solve any conflicts concerning rights which the parties may dispose of. The note of interest reflected in this paper is the twofold aspect of mediation: the judicial and the extrajudicial form. The demarcation between the two forms lies in the moment of intervention of mediation, which is either before the notification of the competent court throughout a suing action orduring the course of a trial. The importance of studying the phenomenon of mediation derives from the need of using alternative methods of dispute resolution, as a priority to ensure the efficiency of the judiciary, suffocated by a very heavy workload. In this situation, its promotion is more than welcome, in the context of sociological trends and recent international developments, which shows that the XXIst century is the century of peaceful conflict resolution far from the courtroom.

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