Obligaţia autorităţii publice de a participa la mediere, parte din obligaţia de cooperare

Cristina Elena CANDEA^*

* Cristina Elena Candea este cercetător ştiinţific asociat în cadrul Institutului de Cercetări Juridice al Academiei Române şi asociat al CIArb - Sucursala din Europa.

ABSTRACT

Public authorities have by law the duty of cooperation, and mediation is by definition a synonym for the cooperation of the parties. Since cooperation is now a prerogative of public authorities, the doctrine may argue, from a practical perspective as well, that at least out of respect for the citizen (alone or organized at various levels in point of activity), the participation of a public authority in mediation, whenever addressed, must be unconditionally accepted by the public authority invited in the mediation process, the more so as mediation involves much lower costs than the administration of justice in a state and other means of alternative dispute resolution.

Keywords: public authorities,...