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Medierea la distanta. Analiza cadrului legislativ local

Gabriel - Cristian Constantinescu ()

Social-Economic Debates, 2014, vol. 3, issue 2, 17-31

Abstract: Remote Mediation implies that at least one of the parties participating at the mediation (the parties in dispute and/or the mediator) to be assisted by a remote communication technology. Currently, there is no specific regulation for the remote mediation in Romania, but it can find legal framework for it in the Romanian Civil Code and the special laws, starting from the Mediation Law. This paper will demonstrate that mediation can run away with minimal adaptation of the specific contracts. Legal requirements concerning the form and the content are analyzed for: the mediation contract, the mediation agreement, the mediation minute, taking into account the e-documents, the electronic signature and mandate of a representative. Remote mediation contracts with at least one individual or association of individuals are the only ones that require a more particular form, but for the rest, minimal supplementary requirements are mandatory.

Keywords: Remote mediation; ODR; mediation contract; mediation agreement; electronic signature (search for similar items in EconPapers)
JEL-codes: J52 K12 O3 (search for similar items in EconPapers)
Date: 2014
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