Editura Universitara The Mediation Process. Conflict - Communication - Agreement

79,00 Lei

ISBN: 978-606-28-0771-9

DOI: 10.5682/9786062807719

Publisher year: 2018

Edition: I

Pages: 424

Publisher: Universitară

Author: Ilie Dorin, Parascheva Dorin

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The analysis of the mediation process in the following pages was made through a continuous study lasting over 7 years. The experience in the cases of daily mediation as well as the legislative novelties in the field of mediation have essentially contributed to the appearance of this volume. The legal part represents interpretations that come in accordance with the judicial practice and are due in large part to the author, and the mediation part represents interpretations of the mediation act itself due exclusively to the author. The theory and practice of mediation are intertwined throughout the book professionally making reading easy and very interesting for anyone. The book contains details and details about the technical way in which the conflict analysis and the negotiation in the mediation process are done. Some of the subchapters have been previously published on the author's professional blog, some are new.

Those already published on the blog have been reanalyzed and updated to provide a new perspective on mediation in line with current legislative changes. The book is addressed primarily to mediators, lawyers and magistrates, and secondly to managers, leaders of various social groups and all those put in a position to resolve various conflict situations, including police forces that directly confront people. in conflict. We want this volume to be a reference in the field of conflict mediation and to contribute decisively to strengthening mediation in society. The need for mediation arises from the need for peace and healthy relationships in the community. Conflicts shatter society, while peace unifies and strengthens it. Mediation therefore leads to prosperity and unity within any group. We want mediation to be stimulated in the future (not financially but legislatively) by the state and understood by as many citizens and legal practitioners as possible. These are the reasons why we analyzed and outlined all aspects of the mediation process as it has been consolidated so far in Romania. We are convinced that this book will become a milestone in mediation on the road to amicable settlement of conflicts in society.

Authors
  • Procesul de Mediere. Conflict – Comunicare - Acord

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ILIE DORIN is a lawyer and mediator specialized in mediating civil, family and criminal conflicts, having a vast experience in negotiating amicable solutions / agreements in various conflict situations. Participant as a speaker in conferences on negotiation, conflict analysis and mediation. Author of numerous specialized legal articles and opinions on civil mediation and crime mediation.

PARASCHEVA DORIN is a judge in the Constanta Court, having a vast experience in civil and family litigation. He has participated in numerous conferences on the mediation of civil and criminal conflicts, expressing his legal opinions on mediation in numerous specialized articles. She is a supporter of mediation as a method of resolving disputes that can reduce the burden on the judiciary, thus contributing to a more efficient act of justice.

Content

Preamble / 5

Chapter I - Conflict, communication and agreement / 13

Brief history of mediation / 13
Definitions of Mediation / 18
The right to mediation. Content and legal characters / 19
Dialogue - the premise of mediation / 29
Is mediation a legal dialogue? / 32
About dispute, dialogue and negotiation / 37
Conflict, emotion and mediation / 39
Analysis and resolution of the causes of the conflict / 43
About reconciliation / 45
The needs and interests of people in conflict. Convergence and Divergence / 49
Otherness / mediator in relation to other legal professionals / 55
Communication and Mediation / 58
Rhetoric in Mediation - argumentative discourse / 64
Neutralization of value judgments in Mediation / 70
Mediation - an incursion into conflict / 73
Pills in communication. The balance of mediation - listening and active reporting / 76
How much legal knowledge do you need in mediation?
What does an amicable solution mean? / 81
Resources and meaning of communication / 87
Mediation solution: WIN-WIN / 91
Mediation - the last chance for an amicable solution / 95
Mediation in the field of insolvency proceedings / 99

Chapter II - The mediation process / 102
Principles of the mediation process / 102
Special principles in criminal mediation / 111
Voluntary character and obligatory character of mediation / 114
Trust in the mediator and in the mediation process / 119
The role of the mediator in the conflict resolution process / 122
The role of the parties in the mediation process / 127
Personal preparation of the parties to the conflict for mediation / 134
Mediation preparation. Positions of persons invited to mediation. / 137
Summary Mediation Plan / 142
The Mediation Process. Phases of the mediation process / 144
Negotiation in mediation / 154
The most common negotiation techniques in mediation / 159
Mediator's fee and mediation costs / 165
How much does the state earn from the mediation of criminal conflicts / 172

Chapter III - Mediation of family conflicts / 176
General aspects regarding the mediation of family conflicts / 176
Do we accept or reject family conflict? / 179
Differences and differences in the family - their remedy / 183
How do we negotiate with our partner? / 188
Divorce, a normality? / 191
Mediation of child custody - a necessary peace / 197
Protecting the child's interests in parental warfare. What does the mediator do? / two hundred
The roots of the conflict between the parents regarding the custody of the child / 205
Separation of parents and "division" of the child / 209
Common physical custody of the child in case of divorce or separation of parents / 214
Mediation of the Parental Plan / 217
General structure of a parental plan / 220
Mediation and continuity in couple relationships / 221

Chapter IV - Mediation of succession conflicts / 224
Generalities about the mediation of succession conflicts / 224
Mediation of the division of the inheritance - amicable succession sharing / 225

Chapter V - Mediation of criminal conflicts / 230
Private justice and state justice in the field of criminal law / 230
The administration of justice through criminal mediation / 233
The immediate and mediated purpose of criminal mediation / 240
Mediation / criminal / - / measure / of protection and support of victims of crimes / 249
Mediation in the criminal investigation phase - legal aspects / 255
Peculiarities of the mediation procedure with minors / 261
Conditions for starting criminal mediation / 265
The right of detainees or detainees to talk to a mediator / 269
The mediator's access to the part of the conflict held / in pre-trial detention / 271
Mediation of the conflict, not of the criminal case / 273
What is a criminal mediation and who are the participants in such a procedure / 276
Mediable offenses and criminal mediation procedure / 279
Criminal reconciliation and the Criminal Mediation Agreement - distinctive notes and conditions / 285
What provisions must the Criminal Mediation Agreement / 295 contain
Insufficiency of justice. How do we help the victim? / 298
The role and purpose of criminal mediation / 307
Reasons for accepting or refusing mediation by perpetrators and victims. Advantages and interests in criminal mediation / 318
Good practices in criminal mediation / 329
The most common challenges in criminal mediation. / 339

Chapter VI - Examples of mediated conflicts / 347
Wallet theft mediation / 347
Mediation fraud. Who pays the legal costs? / 349
Mediation fraud by the method "romtelecom" / 352
Conflict mediation related to the sharing of a common real estate / 356
Mediation of nine frauds by the "accident" method / 359
Real estate fraud mediation / 366
Mediation of a fraud in the presence of the police officer / 368
Conflict mediation regarding deception / 371
Conflict mediation regarding the division of succession / 374
Conflict mediation related to an attempted burglary / 377
Mediated conflict - theft / 380

Chapter VII - Documents specific to the Mediation Process / 383
Mediation initiation and preparation contract / 383
Invitation to mediation / 385
Minutes regarding the non - acceptance of the mediation / 387
Mediation Information Certificate / 389
Mediation contract / 392
Mediation Closing Minutes. / 396
Mediation agreement / 398

Chapter VIII - Mediation knowledge test / 403
100 grids regarding the mediation process, practical and legislative aspects. / 403
Correct answers / 420
Selected Bibliography / 421

The analysis of the mediation process in the following pages was made through a continuous study lasting over 7 years. The experience in the cases of daily mediation as well as the legislative novelties in the field of mediation have essentially contributed to the appearance of this volume. The legal part represents interpretations that come in accordance with the judicial practice and are due in large part to the author, and the mediation part represents interpretations of the mediation act itself due exclusively to the author. The theory and practice of mediation are intertwined throughout the book professionally making reading easy and very interesting for anyone. The book contains details and details about the technical way in which the conflict analysis and the negotiation in the mediation process are done. Some of the subchapters have been previously published on the author's professional blog, some are new.

Those already published on the blog have been reanalyzed and updated to provide a new perspective on mediation in line with current legislative changes. The book is addressed primarily to mediators, lawyers and magistrates, and secondly to managers, leaders of various social groups and all those put in a position to resolve various conflict situations, including police forces that directly confront people. in conflict. We want this volume to be a reference in the field of conflict mediation and to contribute decisively to strengthening mediation in society. The need for mediation arises from the need for peace and healthy relationships in the community. Conflicts shatter society, while peace unifies and strengthens it. Mediation therefore leads to prosperity and unity within any group. We want mediation to be stimulated in the future (not financially but legislatively) by the state and understood by as many citizens and legal practitioners as possible. These are the reasons why we analyzed and outlined all aspects of the mediation process as it has been consolidated so far in Romania. We are convinced that this book will become a milestone in mediation on the road to amicable settlement of conflicts in society.

Authors

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