The European context for applying judicial mediation procedure. Case Study: Romania
The European context for applying judicial mediation procedure. Case Study: Romania

Summary/Abstract: This article aims to capture the development of policies that promote the judicial mediation in the European Union Member States and especially to analyze the situation of Romania. At European level, it seems that Directive no. 2008/52/EC regulating certain aspects of mediation in civil and commercial matters did not have the expected results and currently this kind of judicial mediation is used in less than 1% of the cases in the European Union. In Romania, Law no.192/2006 regarding mediation and the mediator profession was part of a judicial reform strategy designed to increase the quality of the justice system. Until now the law was amended many times, last time in 2013. This last modification brought the greatest change, by modifying the information procedure on mediation from a facultative procedure into a mandatory one, in certain cases. We will analyze the policy issues and our state legislation adopted in this area, also capturing the statistical aspects.

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