Supremația Dreptului (Sep 2022)

ARGUMENTS REGARDING THE INTRODUCTION OF MANDATORY MEDIATION IN CERTAIN CATEGORIES OF DISPUTES

  • Constantin Mihalescu

DOI
https://doi.org/10.52388/2345-1971.2022.e2.10
Journal volume & issue
Vol. 2, no. 3
pp. 108 – 119

Abstract

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In the Republic of Moldova, we believe that the institution of mandatory mediation in certain categories of disputes could be given a chance of success because, in the current crisis that European states are going through due to the armed conflict in Ukraine, it is justified, all the more, for it to it is given a real chance to prove itself, this time from the position of compulsory mediation for a series of minor disputes carried out by mediators and not by other legal professionals. In our opinion, the obligation of mediation can be instituted in all categories of disputes listed in art. 25-30 of the mediation law, but in order to help the Moldovan society through the institution of mediation to overcome these prolonged crises, we propose the legislator to be inspired by the experience of the Italian legislator who found a way to penetrate the national and European legislation.

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