What is the mediation?

THE MEDIATIONis how to resolve a conflict / dispute amicably by a specialized third party called the mediator, in conditions of neutrality, impartiality and confidentiality and with the free consent of all the parties involved.


THE MEDIATION is based on the trust given by the parties to the mediator, as the person able to facilitate negotiations between them in order to solve the conflict by obtaining a solution mutually convenient, efficient and sustainable.

THE MEDIATION is an alternative to court.

THE MEDIATION is known since Roman times – when the Latin interim "mediare" meant "to mediate an agreement between two or more opposing parties, to settle a dispute between the people."

MEDIATION – IN A NUTSHELL

  1. Mediation may be initiated by any of the parties to a conflict, situation in which the initiative party will address an application to the mediator and the mediator will invite the other party to the conflict to mediation.
  2. If the parties accept the mediation, the mediator will conclude with them a mediation contract. Mediation sessions can not take place before signing the mediation contract.
  3. After solving the conflict through mediation, wholly or partially, it is concluded The Mediation Agreement, based on the parties agreement//understanding. The Mediation Agreement is equivalent to a document under private signature and may be authenticated by a public notary or may be approved by court.
  4. If after mediation session the parties do not conclude The mediation Agreement, the mediator will sign a minute that will record the parties as unable to reach an agreement.

The Avantages of Mediation

  • advantages-of-mediationThe costs are low and the settlement time is reduced.
  • advantages-of-mediationThe mediator has no interest in the subject of mediation.
  • advantages-of-mediationThe mediator does not judge the parties and gives no verdicts; the mediator facilitates finding solutions.
  • advantages-of-mediationMediation is moving quickly and easily.
  • advantages-of-mediationParties can always resort to mediation, before the court, during the trial in court or during foreclosure phase.
  • advantages-of-mediationThe court may order the return of full stamp duty or the cut down of 50 % of it, by case, when The Mediation Agreement is concluded.
  • advantages-of-mediationThe parties may agree on the date and time of the mediation session, also can stop and resume the session at any time, by mutual agreement.
  • advantages-of-mediationThe parties respect The Mediation Agreement they signed as it is their decision and was not imposed by someone else.
  • advantages-of-mediationMediation session takes place in an intimate, confidential and comfortable place for the parties in conflict.
  • advantages-of-mediationConflicts are settled through mediation and the relationship between the parties is kept.
  • advantages-of-mediationIn mediation both sides win. The mediation solution is a win-win.

Se poate apela la
mediere:

Services

The mediation services can be offered at the professional office in Cluj-Napoca or at another location agreed by the parties.

  • Before entering the court summons demand
  • During the trial in court
  • In phases of appeal or recourse
  • During foreclosure

MEDIATOR’S FEE

In setting the fee, the mediator will consider the nature and object of the conflict, the complexity of the case and the number of parties involved.
The agreed fee is paid equally by the parties, unless they agree otherwise.

Se poate apela la
mediere:

  • Before entering the court summons demand
  • During the trial in court
  • In phases of appeal or recourse
  • During foreclosure

MEDIATOR’S FEE

In setting the fee, the mediator will consider the nature and object of the conflict, the complexity of the case and the number of parties involved.
The agreed fee is paid equally by the parties, unless they agree otherwise.

CONFLICTS THAT MAY BE RESOLVED THROUGH MEDIATION:

Conflicts arising from family relationships - divorce, parental rights, the establishment of children's residence, the parents' financial contribution for children, keeping the name after the marriage, division of common property, any disagreements between spouses on the rights they may have under the law;

Conflicts of commercial nature – payment summons, implementing, changing, stretching and ending contractual obligations;

Labor dispute – ending a labor contract, imputation decisions, pecuniary rights, disciplinary liability;

Conflicts arising from housing relations, neighborhood relations, joint ownership;

Conflicts of possession, of delimitation of property boundaries, of relocation of boundaries, other disputes concerning neighborhood relations;

Civil conflicts – successions, joint ownership withdrawal, revendication, dispossession, allotment / division, civil liability in tort;

Banking conflicts - ongoing credit contracts, contracts renegotiation, foreclosure;

Conflicts resulting from any violation of persons rights regarding consumer protection - harm caused as a result of purchasing a defective product or service, failure to comply with contractual clause or granted guarantees, abusive clause contained in the contracts between consumers and economic operators, violation of other rights foreseen by national legislation or E.U.;

Conflicts of criminal nature – crimes for which, according the law, the withdrawal of pior complaint or the reconciliation of the parties removes criminal liability, breach of trust, possession disturbance, theft sentenced to prior complaint;

Professional liability conflicts – cases of malpraxis, unless the special law provides another procedure.

About Me

Pop Violeta Maria Mediation Office, with headquarters in Cluj-Napoca, is authorized by the Romanian Mediation Council for conflict resolution.

POP VIOLETA MARIA

  • Legal Adviser
  • Authorized mediator, registered in the National Register of Forms of Practicing Proffesions under no.6338

Education - Degree in Law

Experience – since year 2000 in the legal adviser profession, specially in companies domain (spin-offs, mergers, dissolutions, transactions/acquisitions stakes or shares) and CAPITAL MARKET in Romania (capital changes, withdrawals from trading, transactions, representation in dealing with market institutions – A.S.F., Central Depository, Stock Exchange), but also in other areas such as labor market, family, administrative legal departament, civil.

Mediation principles: integrity, professionalism, neutrality, impartiality, confidentiality.