Medierea - la graniţa dintre un scop nobil şi o reglementare îndoielnică

Mădălina-Diana PAPUC

licenţiat în ştiinţe juridice, Universitatea Babeş-Bolyai Cluj

REZUMAT

A relatively new, compromise-based form of justice in the Romanian legislation, mediation has increasingly been subject to debate within the framework of the entry into force of the new Code of Civil Procedure, because, while changing the common procedural rules relating to non-criminal litigations, a new preliminary, pre-trial procedure was introduced, namely the mandatory information on the benefits of mediation. As a new institution in our country, it is subject to a variety of doctrinal debates, as well as non-unitary interpretations made by judges in the exercise of their judicial duties, mainly in the context of the recent changes to this procedure. Therefore, this study deals with the issues that might be raised by this recently introduced procedure, also offering solutions. On the other hand, it provides a series of...