SPECIAL ISSUES REGARDING THE MEDIATION PROCESS IN THE COMMERCIAL FIELD

• Main Author: SEPTIMIU STOICA
• Format: Article
• Language: English
• Published: Nicolae Titulescu University Publishing House 2012-05-01
• Series: Challenges of the Knowledge Society
• Subjects: mediator; arbitration; facilitative; negotiation; evaluation
• Online Access: http://cks.univnt.ro/uploads/cks_2012_articles/index.php?dir=04_mediation%2F&download=cks_2012_mediation_art_006.pdf

The purpose of the research subject to this paper is to find proper solutions for the increase of the volume and efficiency in the field of commercial mediation. Starting from practical remarks, after an analysis of the substance, a new concept is suggested to be included and put into operation, namely the special commercial mediation, and a plead is made for its use in the current activity of alternative dispute resolution. The first major objective of this paper is to demonstrate once again the need and utility of mediation in the commercial field, insisting though on its remarkable specific nature. The second objective is, starting from the outlined differences between the commercial mediation and the classical mediation, to define and to conceptualize the special commercial mediation, as a separate branch of mediation. The third objective of this paper is to draw the regime of the newly defined category of commercial mediation from a regulatory point of view, of the implementation structure and techniques as foreseen.