ALTERNATIVE DISPUTE RESOLUTIONS WITHIN ADMINISTRATIVE CONTRACTS: ATTRIBUTES AND ENFORCEMENTS

Mihaela V. CARAUSAN

Abstract

This study provides an overview of the attributes of the alternative dispute resolutions

(ADRs), and attempts to address the missing information about the use of these methods in

Romania. Particular attention is given to the arguments that take a dispute out of the court.

ADR schemes are known as out-of court mechanisms, which have been developed across

Europe to reach a peaceful agreement. ADR schemes usually use a third party such as an

arbitrator, mediator or conciliator, negotiator to help the parties to reach an amicable

settlement. The advantages of ADR schemes are that they offer more flexibility; they are

cheaper, quicker and more informal than the court. Within the world based on the country

development, legal culture and traditions, business environment, and other factors ADR

techniques have evolved differently in each one of them, even in the countries which are

member of the same legal family. This article defines the basic ADR traits and reviews the

theory, history, controversies, and future of alternative dispute resolution processes in

administrative contracts.

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