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Open source public consultation tool to support the development of public policies in the field of mediation

This post was published in cooperation by Constantin Adi Gavrilă and Marin Pădeanu.

With few exceptions, mediation is still used in less than 1% of the cases that are pending in the courts of justice from Romania and of other European Union member states. Public policies and adopted legislative solutions are not capable of generating a culture of dialogue, conflict prevention, or amicable settlement. In this context, the mediation activity is even much less known, respected and widely used as ...

Elections for the Romanian Mediation Council 2019-2023

Post published at Kluwer Mediation Blog.

Romanian mediators are called on the 2nd and the 3rd of March 2019 to vote for the election of the members of the Romanian Mediation Council. Nine members and three alternates of the Mediation Council 2019-2023 will be elected for a four-year term by 4821[1] mediators that are authorized for practice in Romania. At the last democratic exercise in 2015, only 2,884 mediators[2] voted out of the total of 6714 ...

All mediation roads lead to Rome

There aren’t many models of effective mediation legal frameworks that ensure sustainable systems of mediation. In fact, in most countries, the mediators don’t have demand and a real market for services. They are trying to convince users, lawyers, judges, policy makers, others and sometimes themselves that mediation is a viable option of the dispute resolution culture. There are a few recent examples where mediators are busy these days – Italy, Greece and Turkey – they all have domestic mediation frameworks ...

What amicably means in a dispute resolution clause?

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”.

The language of the contracts is open for interpretation when it comes about implementing the model dispute resolution clause above. While the meaning of the word “amicably” ...

The Ethical Filter in Mediation

This post was prepared in cooperation with Bogdan Matei.

Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules of mediation, the mediator has to withdraw from the mediation process.

But what do we do if we’re not sure about it?

The ethical filter ...

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