The concept of conflicts mediation is not new, if we have in view that in Romanian legislation there are numerous provisions provided by specialized laws, where the mediation quality is mentioned or mediation is mentioned as a way of settlement of the conflicts of laws and interests – Law no. 51/1995 republished regarding the lawyer profession or Law no. 168/1999 regarding settlement of the labour conflicts. In Romania, at present, there is a special law strictly related to the organization of the profession of mediator, Law no. 192/2006, law which, in our opinion, makes easier practising of this profession.

Mediation represents an alternative solution for settlement the conflicts between parties, by which a third party, neutral, impartial and having no power of decision – the mediator – helps the parties to find together one solution for solving their disagreements.
Mediation is part of the big family of alternative solutions for disputes settlement – ADR (Alternative Dispute Resolution).

The higher and higher number of the court cases is important as regard lack of will and information of the people for using efficiently the dialog for disputes settlement.
Because the present legal environment discourages the quick settlement of the disputes, our society needs an efficient way for solving some of the conflicts. This modality is the mediation.

The procedure of mediation costs less and takes a shorter period of time; and it is carried on with a maximum confidentiality. The mediator has the obligation to keep the secret of the discussions both towards the persons with whom he has a contact during the mediation procedure and experts engaged by the parties in different cases.

By mediation can be settled numerous disputes, from those of civil law - claims, eviction, partition by court, to those of family law - divorce, partition, infants entrusting, infants visiting, and to those of criminal law - claims related to harm, calumny, involving in property, destroying, and to those of commercial law – payment calls, claims, contracts execution, litigations between partners, as well as labour law – salary rights, dismissals.



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