EIRP Proceedings (May 2012)
Mediation in Romanian Legislation
Abstract
The complexity of the current social relations generates the necessity of developing and applyingnew methods of settling conflicts. Mediation can serve as an effective tool in resolving various conflictsincluding the criminal matters. This article gives a panoramic view on the application of the concept ofmediation and highlights the main features of mediation in criminal cases as they are reported to the nationallegislation and the legislation of Romania. Therefore the advantages of mediation and the opportunity toapply the latter in order to slave the conflicts caused by the commission of criminal offences are still beingdiscussed. The Romanian legislation and the Community rules establish the scope of expressly exemptedareas, the sides of freedom being the main principle, the mandatory dispositions being the exception. Fromthe contents of the Law 192/2006 result that mediation is exercisable in all areas with the condition that therights which make the subject of mediation could be used by the sides of the mediation. The mediation theoryanalyses the extrajudicial mediation and judicial mediation settlement.
