Când Medierea Transformă Judecătorii şi Justiţia (When Mediation Changes Judges and Justice) (in Romanian)

Abstract

Because of its specific methods that authorize the mediator to have separate discussions with each of the parties, mediation permits tension to fall and brings flexibility to the judicial process. Contradictory proceedings do not apply in mediation. The mediator may speak alone with the party and not reveal to the other the content of the discussion. This flexibility cannot be imagined in a judicial proceeding. It requires however guarantees on the ethics of the mediator. That is why it is important that mediators adhere to Codes of Ethics. Mediation must not be an obstacle to a fair trial within the meaning of Section 6 of the European Convention. Mediation is a mode of regulation of conflicts. It brings a modern response to the crisis of our society and of Justice.