Collection of Court Decisions Pronounced in the Matter of Mediation

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ISBN: 978-606-591-208-3

Publisher year: 2011

Edition: I

Pages: 532

Publisher: Universitară

Author: --

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According to Justice status report, released by the Superior Council of Magistracy, the last 5 years statistics show an increasing trend in the number of cases in the courts, on almost all levels, only the High Court of Cassation and Justice, maintaining relatively constant number cases to solve. Compared to 2009, in 2010 the number of cases resolved increased by 21.79%.
Obviously, increasing the number of cases the court had a negative effect on the load that each judge returned. Thus, in 2010, each judge had to resolve a number of 1020 cases in courts, 959 cases in courts, 696 cases at the courts of appeal - is the biggest load of cases per judge in the last six years (unless the number the courts of appeal expired in 2005, due to legislative changes, each judge when he returned to solve a number of 844 cases).
The data provided for 2010 by the Council of Magistrates are worrying, observing reluctance to resort to legal services in mediation, as an alternative method of dispute resolution (in 2010 only 258 courts have agreed to mediation during the process), as and the taking of evidence or procedure by lawyers (existence in law for many years, but so far unused), which leads automatically to clutter the courts with the types of cases without importance, but consuming resources, and communication procedures with all relevant documents, involving usually adjourn the proceedings.
Gemma (Association of European Magistrates supporting mediation), headquartered in Paris, the Cour de Cassation, 5, Quai de l'Horloge, France, is represented in Romania by a national section, which began operating in January 2010 the initiative in several court judges in the country, interested in promoting mediation as alternative means of dispute resolution.
Association Forum of Judges in Romania, private legal person, independent, nonprofit, governmental and non-political, professional association of judges, aims to contribute to the progress of society through actions aimed at achieving an independent, impartial and efficient, the affirmation and defense judicial independence from other branches of government and by initiating, organizing, supporting, coordinating and implementing projects to improve, modernize and reform the justice system.
In order to popularize knowledge of mediation and judicial practices, the two associations were asked to notify all courts in Romania as a result of mediation agreements and judgments of courts and courts of their territorial jurisdiction, which has been noted these agreements.
The volume brings together virtually all the responses received, the first gathering of its kind made in mediation, designed to help popularize the institution, both in the interest and the entire society.
In principle, mitigate the roots of conflict mediation between two or more persons, which could cause many other legal conflicts. Its role is therefore important in pre-judicial stage, especially because it can prevent some disputes reach the courts.
However, mediation is an alternative in resolving the matter without delay, to minimize the need for additional human and financial resources.
On behalf of Gemma - Romanian Section and the Association of Judges Forum in Romania, I would like to thank all colleagues in the public relations office for information and contacted the courts to manifest kindness and prompt responses.
 
 

Dragos Calin, Judge,
Court of Appeal,
Vice President Gemma Europe
 
 

www.forumuljudecatorilor.ro
www.hotararicedo.ro

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