Areas of expertise

Legal consultancy, asistance and representationAlternative dispute resolutionElectronic Archive for Security Interests in Movable PropertyFees policy

Alternative dispute resolution

One of the most important activities of our company is represented by: mediation, arbitration and reconciliation

What represents alternative dispute resolution?

Alternative dispute resolution systems outside courts, know as ADR are means where the litigating parties may reach an amiable solution to the problems they face.
Experience of some member states of European Union show that if some basic rules are respected, alternative dispute resolution systems may have advantages for both parties.
The main advantages of such systems are low cost and the short time necessary of solving the litigation.
In ADR systems, the procedures involve the intervention of third parties, neutral, like arbiter, mediator or ombudsman-ul.
Procedures for settlement of disputes outside the court constitute an alternative to judicial proceedings in many states. They also may be a suplimentary procedure, previous or  simultaneous  with judicial proceedings

Types of ADR Systems

The main ADR systems that are present in the European Union are:

Mediation, arbitration and conciliation
By means of mediation and conciliation the parties try to reach an amicable settlement with the help of a third party.
The task of the mediator is to make it easier to reach a solution that satisfies both sides.

The mediator does not impose a solution, but takes care that the parties to reach a compromise on their own. Within the framework of reconciliation, the third party may propose a solution, but that is not mandatory for the parties.
Within the framework of the mediation and conciliation, the parties are not limited by the provisions of laws or rules of procedure. Therefore, resolution of the dispute will not necessarily rely on the provisions of a law, but may also refer to morality, loyalty or legitimacy.
Arbitration is a method of resolving disputes outside the court very close to judicial procedure.

Arbitration is a procedure whereby the parties shall choose one or more individuals who shall submit the case to get a judgment. Arbitration can be individual or institutional. Within the framework of certain models of arbitration, for the forced execution of the sentence, it is necessary to initiate proceedings in the courts.

On the activity of mediation, we operate under the name Iordan & Nedelcu-Mediators Professional Corporation,  set up in  year 2006, being it one of the first companies in Romania of mediation. Iordan & Nedelcu-Mediators Professional Corporation was one of the promoterms of the mediation in Romania.

What is mediation?

According to  modified law no. 192/2006 on mediation and organisation of the profession of mediator  'mediation is a way of resolving conflicts amicably, through a specialized third party as mediator,  in conditions of neutrality, impartiality, confidentiality and with the  free consent of the parties .'

As the law itself says,  mediation is based on the trust which the parties grant to the mediator, as an apt person to facilitate negotiations between them and support them to resolve the conflict by getting  mutual affordable, efficient and sustainable solutions .   

Which are the advantages of mediation?

Mediation is voluntary.

Acceptance of mediation as a method of solving the conflict amicably is exclusively the choice of the parties. Participation in mediation is the result of their will and  choosing the right time you may drop out of this procedure. However, the courts recommend that before entering the actual judging of the case as the litigating parties  to resort to mediation.

Mediation belongs to parties not to the mediator

 The conflict between the parties is represented by their agreement on matters of dispute. Basically, the agreement of the parties is not required, drafted  or censored by mediator.
The procedure of mediation allows participants in the conflict to find a solution by means of the mediator unanimously accepted, the will to reach a compromise of the parties being primary. The difference compared to any solution imposed (judge's decision, arbitration), the solution is that the parties meet their needs and desires and remove a large variety of  a potential future conflict between the same persons.

Mediation is confidential.

Both the mediator and mediation participants are required to maintain the confidentiality of the information they use or  of the information  they become aware of  in the course of mediation,  the reason for which is signed an agreement of confidentiality. The same thing  happens with documents drawn up or those that have been presented by the parties during the mediation. The obligation of confidentiality shall subsist after the termination of the mediation procedure, unlimited in time.

Mediation is the fastest way to resolve the conflict.

Mediation allows a significant save of time due to the way of evolution; avoidance of the public presence of the parties, public exposure of their problem in public and stress generated by the courtroom.
Unlike other devices, the possibility of resolving the conflict quickly, before any other methods, is the essence of mediation, the duration in time of this procedure being several hours or meetings.

Mediation reduces the cost of conflict resolution.

Different from the judicial procedure, mediation costs much less. Resolving the dispute by mediation  avoids  expenses with various charges  or fees that are charged in the courtroom and even in some areas of law, stamp duty shall be refunded at the request of the interested part.

Mediation is addressed to a wide range of conflicts.

Mediation, as the procedure has basically only a few limits. So, apart from disputes on the role of the Court in civil, family, commercial, in criminal matters (partly), labour disputes (partly), mediation can be applied in practical any field: insurance, banking, education, environment, medicine, discrimination, etc., having a large demand and possibilities of application  are in principle limitless.

South-East Mediation Center
Braila, 44 Scolilor Str., block App, 3rd entrance, ground floor
Tel.: 0239/ 636.706
Fax: 0239/ 636.706