THE FIELD OF APPLICATION OF COMMERCIAL MEDIATION (English version)

Angelica Rosu (), Angelica Chirila () and Ion Flamanzeanu
Additional contact information
Angelica Rosu: Danubius” University from Galati, Galati Bar Lawyer
Angelica Chirila: Researcher, PhD “Danubius” University from Galai, Legal Research Institut „Acad. Andrei Rdulescu”of The Romanian academy
Ion Flamanzeanu: Legal Research Institut „Acad. Andrei Rdulescu”of The Romanian Academy

Jurnalul de Studii Juridice, 2011, vol. 1-2, 125-138

Abstract: Currently, in many countries around the world, the mediation plays an important role in alternative dispute resolution, primarily because it allows parties to escape the terms of the dispute and find a settlement in accordance with their interests. It is not irrelevant the fact that whiles the solution of the dispute, by applying the rules of law, is rigid, the solution found through mediation is flexible, innovative and pragmatic, and thus better adapted to the interests of each party. National and international regulations applicable to alternative means of settling disputes, often sets also the filed of application, with the expressive stipulation of exempted fields. Therefore, the freedom of parties represents the principle of law, mandatory rules are the exception. Mediation clauses may also be grafted onto special legislation, whose specifics will take over. So, national legislation is to be taken into account individually, within the mutual influences of substantial right, when we observe the mediation. The solutions may differ and contradict from one legal system to another, with the price legal relations security, agreed between the parties. But it is equally true that a mediation clause could not be drafted with violation, in a local or international system, of any binding, for example, a rule of exclusive jurisdictional competence. For this reason, art. 2 of Directive 2008/52/EC, European Parliament and the Council excluded from the application of this the rights and obligations which the parties may not have under applicable law, its application to fiscal, customs or administrative matters, these are fields where Member States have regulatory exclusivity.

Keywords: mediation; alternative dispute resolution; commercial mediation; mediation procedure (search for similar items in EconPapers)
JEL-codes: A23 M2 (search for similar items in EconPapers)
Date: 2011
References: Add references at CitEc
Citations:

Downloads: (external link)
http://jls.upa.ro/ro/arhiva-revista.html (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:1-2:y:2011:i::p:125-138

Access Statistics for this article

More articles in Jurnalul de Studii Juridice from Editura Lumen, Department of Economics on Behalf of Petre Andrei University Iasi
Bibliographic data for series maintained by Antonio Sandu ().