Conflict and the history of conflict mediation

Abstract

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.