The paper Alternative methods of conflict resolution. The University Course is intended mainly for law students, with the aim of presenting the applicable legislation and the main judicial practice developed in the field of alternative dispute resolution mechanisms.
The university course does not deal exhaustively with all the mechanisms for resolving legal conflicts, but in its content are considered those mechanisms regulated by the national legislation that find their applicability in practice. This paper is the result of studies conducted during doctoral research and is the result of research on legislation, doctrine and jurisprudence on alternative mechanisms for resolving conflicts.
Contents / 9
Chapter I. Introductory aspects / 11
Chapter II. Negotiation and transaction / 15
Negotiation / 15
Introductory aspects / 15
Pre - contractual agreements / 22
The principle of good faith in negotiations / 32
Bad faith / 37
Transaction / 40
The source, nature and legal basis of the transaction / 40
Characters and conditions of the transaction / 41
The effects / 45
Judicial transaction / 46
Advantages and disadvantages of the transaction / 47
Chapter III. Mediation / 49
Introductory aspects / 49
Organizing and exercising the profession of mediator / 51
Acquiring and losing the quality of mediator / 51
Mediation Council / 54
Organizing and exercising the activity of mediators / 56
The rights and obligations of the mediator / 57
The mediator 's responsibility / 59
Mediation contract / 60
Mediation procedure / 62
Special provisions on conflict mediation / 68
Chapter IV. Arbitration / 71
Introductory aspects / 71
Alternative methods of conflict resolution
Definition, nature, characters / 71
Arbitration classification / 75
Historical landmarks regarding the evolution of arbitration / 78
International Conventional Landmarks in Arbitration / 84
General considerations of national arbitration in Romania / 88
Introductory aspects / 88
Object of arbitration and scope / 90
Participations in the arbitration process / 91
Arbitration Convention / 93
Forms of the arbitration agreement / 94
Characters of the arbitration agreement / 97
Pathological arbitration conventions / 98
The effects of the arbitration agreement / 99
Arbitral tribunal / 99
Composition of the arbitral tribunal / 102
Incompatibility of referees / 105
Liability of arbitrators / 107
Arbitration proceedings [/ 107
Judgment / 109
Arbitral award / 118
Abolition of the arbitral award / 122
Institutionalized arbitration / 123
Chapter V. International arbitration / 126
Introductory aspects / 126
Rules of procedure in international arbitration proceedings / 130
Execution of the foreign arbitration award / 132
Judicial practice and selective jurisprudence / 141
Judicial practice and jurisprudence regarding the mediation institution / 141
Judicial practice and jurisprudence on arbitration / 156
Selective bibliography / 168
This university course is intended mainly for law students, with the aim of presenting the applicable legislation and the main judicial practice developed in the field of alternative dispute resolution mechanisms.
The paper does not wish to deal exhaustively with all dispute settlement mechanisms, following with priority those mechanisms regulated by national legislation that find their applicability in practice.
The research method is based on the commentary of the text of the law, the systematization of the information, the analysis of the judicial practice and the didactic example.
This course is the result of studies conducted during doctoral research and is the result of researching legislation, doctrine and jurisprudence on alternative dispute resolution mechanisms.
The paper has an applicative character, following at the same time a systematization and presentation of the main notions theoretically inherent to the field that is the object of the research.
For a better understanding of the theory, I understood to attach to this course the main landmarks of judicial and jurisprudential practice identified until 31.12.2019.
I believe that the paper may be of interest to legal practitioners, the course being notable for its relevance.