A Young Juridical Institution. Mediation
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More and more litigations are filed in the courts of law, which supposes not only longer waiting periods to settle the litigations, but also an increase of legal expenses which might get to levels quite disproportionate in comparison to the value of the litigation. Mediation appears as a modern, simple, fast and flexible solution left at the parties’ discretion, that are entitled to denounce the agreement during any of the proceedings’ phases. The mediation process differs from other procedure or means, such as arbitrage, conciliation or reconciliation, employed to settle conflicts. The difference between arbitrage and mediation is that in case of litigation submitted to arbitrage, the arbitrators rule on the settlement method of the parties’ litigation, while in the case of mediation, the mediator does not settle the litigation, but assists the parties during the negotiation and finding a solution convenient to all parties involved in the conflict. Moreover, in the case of conci
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