TENDINŢE ALE EVOLUŢIEI REGLEMENTĂRII MEDIERII LA NIVEL EUROPEAN ÎN CONTEXTUL NOILOR MODIFICĂRI INTERNAŢIONALE ÎN DOMENIU
EUROPEAN TRENDS UPON MEDIATION REGULATIONS PROCESS IN THE CONTEXT OF INTERNATIONAL UP-DATED PROVISIONS ON MEDIATION

Summary/Abstract: More than one decade past since Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters was adopted but the objective to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings is far from being accomplished. The studies underline the failure of the present regulations on mediation in member states, taking into consideration that less the 1% of total civil and commercial cases conclude in mediation. At the European level there has been a constant concern regarding the amendment of the present Directive on mediation in order to increase the number of mediations, to issue guides of good practices for judges and advocates, standards for the mediators professional activity.

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