MEDIATION AS AN EFFICIENT WAY OF SAVING PUBLIC MONEY

Bogdan Florea
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Bogdan Florea: Legal adviser and mediator, PhD,Associated Teaching Assistant at the "1 Decembrie 1918" University of Alba Iulia,ROMANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2018, vol. 72, 78-87

Abstract: The prudent use of public money is an imperative for all public authorities as they are responsible for the good management of the funds entrusted by citizens. Public resources must be used wisely not only when public authorities engage in contracts or other financial operations, but also when they are engaged in a dispute. Mediation as an alternative dispute resolution method in administrative and fiscal conflicts, is preferable to taking the matters to court. Accepting mediation in conflicts involving rights that parties may dispose of, may be a proof of public authority’s lawfulness and could also represent a saving of public money. Mediation used to prevent or defuse an administrative conflict should be a priority to public authorities. The invitation to mediation is likely to meet the features of preliminary complaint in administrative disputes involving rights that parties may dispose of. The procedure in cases of administrative and fiscal mediation should be similar with the procedure established for mediation in criminal cases, where the judge may suspend the court procedure for a maximum period of three months, when a contract of mediation is presented.

Keywords: public interest; mediation; preliminary complaint; administrative and fiscal litigation; public authorities. (search for similar items in EconPapers)
JEL-codes: K23 (search for similar items in EconPapers)
Date: 2018
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