Acta Universitatis Danubius. Administratio, Vol 10, No 2 (2018)

Abstract

With the entry into the force of the New Code of Civil Procedure, an element that has emerged as novelty is the introduction of the obligation to advance information on the benefits of mediation. Although legally consecrated since 2006, by Law no. 192/2006 on the Mediation and Mediation Profession Mediation (Mediation Law), mediation is still unknown for both legal practitioners and practitioners in law, and as any unknown in this field, creates the impression of uselessness, an aggravation of the act of justice.

In the specific case of individual litigation, the advantages of choosing mediation as a way to resolve the conflict are, inter alia, in: (a)  a procedure of which duration is shorter, the duration of the action in court, (b) the costs involved in the hearing / mediation sessions are potentially lower than those involved in legal action, (c) the control of the final outcome belongs totally to the parties, etc. Also, a non-negligible aspect of the mediation procedure is of course confidentiality.