Comparison between the Legislation regarding the Regulation of Mediation in Romania and the Kingdom of Spain

Abstract

In the legal field we often find conflict situations that need to be resolved, thus, we can call on the help of an impartial person, who has the role of reconciling both parties. This person, who is called a mediator, finds a middle way so that both parties are satisfied.

Mediation is an art, through which the mediator manages to transform a conflict into an agreement as a result of the options generated and chosen by the parties. The best-known resolution of conflicts is to appeal to the judicial bodies, which solve them win-lose.

Mediation has become a good alternative for resolving conflicts between two or more parties when a quick solution is desired. It is based on the trust that the parties place in the mediator to facilitate negotiations between them and to provide them with support in resolving the conflict, by obtaining a convenient, efficient and sustainable solution.

In this context, the present study analyzes the institution of mediation from a comparative perspective, wanting to highlight the elements that bring them together, as well as those that differentiate the regulation of the mediator profession in Romania and the Kingdom of Spain (conditions regarding the acquisition of the quality of mediator, the way of organization and exercise of the profession , the mediation procedure, etc.).