MEDIEREA ÎN LITIGII DE NATURĂ COMERCIALĂ – O SOLUŢIE ÎN IMPLEMENTAREA DIRECTIVEI UE 2019/1023 A PARLAMENTULUI EUROPEAN ŞI A CONSILIULUI DIN 20 IUNIE 2019 PRIVIND CADRELE DE RESTRUCTURARE PREVENTIVE
MEDIATION IN COMMERCIAL DISPUTES – A SOLUTION IN THE IMPLEMENTATION OF EU DIRECTIVE 2019/1023 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 20 JUNE 2019 ON PREVENTIVE RESTRUCTURING FRAMEWORKS

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 at this moment this legal institution is almost inoperable. The current economic crisis caused by the pandemic period could be more easily overcomed if the procedure on mediation in commercial disputes will be adapted, being a type of special mediation, since the mediator is required to possess certain knowledge and qualities specific to this field. Therefore, I consider that the specific legislation is insufficiently covered, and in the current economic context it would be a real help for the institution of commercial mediation to find its place in the draft law on the transposition of EU Directive 2019/1023 and in the draft law on the adoption of the future Commercial Code.

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