The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA
Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, t...
| Main Author: | |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Universitatea de Studii Politice și Economice Europene "C. Stere"
2021-05-01
|
| Series: | Supremația Dreptului |
| Subjects: | |
| Online Access: | https://suprematia.revistestiintifice.md/wp-content/uploads/2021/10/10.pdf |
| _version_ | 1797779954514001920 |
|---|---|
| author | Constantin MIHALESCU |
| author_facet | Constantin MIHALESCU |
| author_sort | Constantin MIHALESCU |
| collection | DOAJ |
| description | Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, that all Member States need to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties' affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. I firmly believe that that the procedure for mediation in commercial disputes needs to be adapted, considering the fact that is a special type of mediation, as the mediator is required to possess certain knowledge and qualities specific to this field. I, therefore, consider that the specific legislation is insufficiently regulated, and due to this context, the institution of commercial mediation is in a vegetative state at this moment. |
| first_indexed | 2024-03-12T23:37:56Z |
| format | Article |
| id | doaj.art-9cf8e2a761c8411a99dbc5ae49fdfca2 |
| institution | Directory Open Access Journal |
| issn | 2345-1971 2587-4128 |
| language | English |
| last_indexed | 2024-03-12T23:37:56Z |
| publishDate | 2021-05-01 |
| publisher | Universitatea de Studii Politice și Economice Europene "C. Stere" |
| record_format | Article |
| series | Supremația Dreptului |
| spelling | doaj.art-9cf8e2a761c8411a99dbc5ae49fdfca22023-07-15T07:41:44ZengUniversitatea de Studii Politice și Economice Europene "C. Stere"Supremația Dreptului2345-19712587-41282021-05-011109119https://doi.org/10.52388/2345-1971.2021.1.10The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVAConstantin MIHALESCU0https://orcid.org/0000-0002-8762-0311Institute of Legal, Political and Sociological Research of the Academy of Sciences of MoldovaMediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, that all Member States need to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties' affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. I firmly believe that that the procedure for mediation in commercial disputes needs to be adapted, considering the fact that is a special type of mediation, as the mediator is required to possess certain knowledge and qualities specific to this field. I, therefore, consider that the specific legislation is insufficiently regulated, and due to this context, the institution of commercial mediation is in a vegetative state at this moment. https://suprematia.revistestiintifice.md/wp-content/uploads/2021/10/10.pdfmediatorconflictdisputemediation lawpenal mediationcommercial mediationfamily mediation |
| spellingShingle | Constantin MIHALESCU The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA Supremația Dreptului mediator conflict dispute mediation law penal mediation commercial mediation family mediation |
| title | The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA |
| title_full | The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA |
| title_fullStr | The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA |
| title_full_unstemmed | The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA |
| title_short | The need to strengthen THE MEDIATION INSTITUTION IN COMMERCIAL CASES IN ROMANIA AND the REPUBLIC OF MOLDOVA |
| title_sort | need to strengthen the mediation institution in commercial cases in romania and the republic of moldova |
| topic | mediator conflict dispute mediation law penal mediation commercial mediation family mediation |
| url | https://suprematia.revistestiintifice.md/wp-content/uploads/2021/10/10.pdf |
| work_keys_str_mv | AT constantinmihalescu theneedtostrengthenthemediationinstitutionincommercialcasesinromaniaandtherepublicofmoldova AT constantinmihalescu needtostrengthenthemediationinstitutionincommercialcasesinromaniaandtherepublicofmoldova |