Law Review International Journal of Law and Jurisprudence Open Source Online Publication Edited by the Union of Jurists of Romania and Universul Juridic Publishing House e-ISSN 2246-9435
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The Culture of Mediation in the Romanian Area. Past, Present,

Constantin Mihalescu

Mediation is and has been represented as an alternative to state justice through which a dispute between the parties is settled amicably. We meet it in antiquity starting with the Justinian Codification, then, on the Roman chain. Between IV-IX centuries, the Romanian legal practice reported that for resolving the disputes regarding the borders the oath was used with the furrow and the conspirators who testified to establish the facts and sometimes gave decisions through the trial procedure of good and old people and/or conspirators, situation which is being perceived as a similar procedure of mediation in resolving disputes outside the judiciary. Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015in regards to mediation, and Law no. 31/2017 for the completion of C. proc. Civ. of the Republic of Moldova no. 225/2003 - chap. XIII1 "Judicial mediation", but at this moment the institution of mediation is in a vegetative state.