ASPECTE DE DREPT COMPARAT PRIVIND MEDIEREA ÎN REPUBLICA MOLDOVA, ÎN SPAŢIUL EUROPEAN ŞI SUA
ASPECTS OF COMPARATIVE LAW REGARDING MEDIATION IN THE REPUBLIC OF MOLDOVA, EUROPE, AND USA

Summary/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. This law was repealed by Law no. 137/2015 in regards of mediation, but the Moldovan legislator considered that this law does not resolve the decongestion of the courts of a large number of cases suitable for mediation, and as a result, Law no. 31/2017 for the completion of Code of Civil Procedure of the Republic of Moldova no. 225/2003 ‒ chap. XIII ^ 1 „Judicial mediation”, introduces the obligatory judicial mediation performed by the court. Therefore, I conducted a comparative study about this newly legal institution.

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