Arbitration and Mediation Course - Claudiu Augustin Florinel Ignat

CHAPTER I - MEDIATION / 9
1. Means of resolving disputes through mediation in Romania / 9
2. The advantages of mediation / 17
2.1. The advantages of mediation for the citizen / 17
2.2. The advantages of mediation for litigants / 20
2.3. The advantages of mediation for legal practitioners / 25
2.4. The advantages of mediation for magistrates / 28
3. The legal framework in the matter of mediation / 30
4. Principles of mediation / 40
4.1. Voluntary or voluntary nature of the mediation procedure / 41
4.2. Self-determination of parties in mediation / 42
4.3. Confidentiality of the procedure / 42
4.4. The principle of equality of parties and impartiality on the part of the Ombudsman / 44
4.5. The principle of neutrality / 45
4.6. The principle of acceptability / 46
4.7. The principle of prior information of the parties on the procedure / 47
4.8. Non-discrimination / 47
4.9. Conflict of interest / 47
5. Models and styles of cross-border mediation in the family field / 48
6. Special tools and methodologies in the field of cross-border mediation regarding child abduction / 50
7. Access to cross-border mediation in international child abduction by a non-resident parent / 51
7.1. Subjective condition / 52
7.2. Objective conditions / 52
8. Mediation agreement. Content. Executory character. The content of the court decision in case the solution is pronounced on the basis of a mediation agreement / 57
8.1. Mediation agreement. Content / 57
8.2. Enforceability of the mediation agreement / 61
8.3. The content of the court decision in case the solution is pronounced on the basis of a mediation agreement / 70
8.4. Conclusions / 73
9. The mediator / 74
10. Types of mediators / 79
10.1. Legal and professional conditions / 82
11. Mediation procedure / 90
11.1. Information provided by the mediator / 92
11.2. Information provided by persons other than authorized mediators / 93
11.3. Assisting and representing the parties during the mediation procedure / 98
11.4. Stamp duties / 100
12. Closing the mediation / 101
12.1. Concluding an agreement between the parties following the resolution of the conflict / 102
12.2. The finding by the mediator of the failure of the mediation / 104
12.3. Submission / termination of the mediation contract by one of the parties or mediator / 105
13. Mediation training contract / 107
14. The mediation contract / 108
15. Mediation agreement / 114

CHAPTER II - ARBITRATION / 121
1. Arbitration as an institution at the border between non-contentious alternative modalities and administrative litigation / 121
1.1. Object and organization of arbitration in the light of new legislative changes / 121
1.2. Ad-hoc arbitration / 126
1.3. Advantages of ad-hoc arbitration / 128
1.4. Conclusions / 130
2. Special conditions of the arbitration agreement in the administrative relations / 131
2.1. Arbitration Convention / 131
2.2. Termination of the arbitration agreement / 134
3. Arbitration procedure. Particularities / 135
3.1. Speed ​​and expiration / 135
3.2. Referral to the arbitral tribunal / 135
3.3. Judgment / 137
3.4. Characteristics and effects of the arbitral award / 140
4. Institutionalized arbitration / 144
4.1. Notion / 144
4.2. The advantages of institutionalized arbitration / 146
4.3. Disadvantages of institutionalized arbitration / 147
4.4. OSCE Conciliation and Arbitration Convention / 148
4.5. Arbitration institution in other European states / 149
4.6. Short chapter conclusions / 152
BIBLIOGRAPHY / 200