This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Recently, talking to a very experienced mediator, we started to describe a particular practice of an attorney-mediator during one of his cases. At the end, we asked: was that mediation? Our friend told us that no, it wasn’t mediation. We asked why and a long…

In the past 20 years or so, we witnessed an intensification of the litigation rate as the world became more globalized and people saw lawsuits as the only real alternative to a negotiated agreement. That created high caseloads, extended periods of time until final judgments, discouraging high litigation costs, dissatisfaction with the outcomes and lack…

If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon. Mediation…

Over the years, the Romanian people got used to the transition state. We are now crossing a difficult period for all of us, that of financial deprivation. People divide what they have left, dreaming to become exclusive owner of each inch of land, of each piece of wood of their old houses, of every brick…

The first mediation course is a special moment that each of us holds in our hearts and it represents the foundation of every mediator. The transformational process that we all go through during our training as mediators is materialized by the change in our attitude towards conflict and how to solve them. When we go…

According to the latest development in the mediation legislation in Romania approved by the Romanian Parliament and published in the Romanian Official Journal in July 2012 under Law no. 115, in litigations that can form, pursuant to the law, the object of mediation or of another alternative form of conflicts settlement, parties and/or the concerned…

One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. The differences of perception, the emotions and feelings determined by the ego, the stubbornness or the personality of Parties involved in a conflict are examples of…

In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…

The mediators are complex personalities. The mediators are part of the world-wide intellectual elite by promoting the purpose, the importance and the usefulness of the collaborative thinking in the pursuit of a vision founded on the quality of life. The mediators are helping people with cleaning the “dust of ignorance” off the human diamante, rediscovering…

Regardless if the reader is a practicing mediator, an attorney, a user or an academic, the preparation stage of mediation should be of interest and viewed as being vital for a successful mediation. There’s simply too much to retrieve if a mediation is not properly prepared and it’s up to the mediator to make sure…