In the following we will detail some of the procedures commonly used to resolve disputes:
1. Negotiation – this informal method involves a discussion between the parties that are in dispute, with the ultimate goal of reaching an agreement. This is not done under the guidance or control of a third party, but this does not mean that the parties cannot be assisted by a lawyer or legal adviser on their journey.
2. Mediation – contrary to negotiation, mediation is a formal method of resolving the dispute between the parties. This involves the help of a third party specialized as mediator, under conditions of neutrality, impartiality, confidentiality and with the free consent of the parties. Mediation is based on the trust that the parties place in the mediator, as a person able to facilitate negotiations between them and to support them in resolving the conflict, by obtaining a mutually convenient, efficient and sustainable solution.
Although it is an efficient and rapid method of solving problems, strictly personal rights, such as those regarding the status of the person, as well as any other rights that the parties, according to the law, cannot dispose of by convention or by any other way permitted by law, cannot be subject to mediation. In any agreement concerning rights which the parties may dispose of, they may introduce a mediation clause, the validity of which shall be independent of the validity of the contract to which it is party.
3. Conflict resolution before the court – When the parties fail to reach an amicable agreement or when the nature of the dispute requires a legal solution, they can resort to the courts. They are empowered to resolve a wide range of disputes, from civil and commercial law to criminal and administrative law. The judicial process is an adversarial procedure, involving the presentation of arguments and evidence by the parties. They are required to prove the allegations they make, the judge being only an impartial listener, who in the end, based on the allegations and evidence in the case, gives a favorable solution to the party who has demonstrated that he is right.
The litigation procedure is a broad and complex one, with a fairly large length of time, and can even reach several years until there is a definitive solution in the case. It is also expensive, especially in civil law where various court stamp duties or expert fees have to be paid.
However, it is a widely used procedure, with more and more lawsuits pending before Romanian courts.
4. Arbitration – in this way the parties involved in a dispute decide to submit their dispute to an arbitrator or panel of arbitrators in order to reach a solution. This type of procedure is subject to several features that have advantages for the parties, such as confidentiality, flexibility, specialised expertise, speed and lower costs than a procedure before the courts.
The case is settled by an arbitral decision, which is binding on the parties. The arbitral award may be enforced similarly to a court award.
Arbitration is a flexible, fast and efficient way of resolving disputes that can provide a valuable alternative to the traditional judicial process. However, it is important that parties are aware of the advantages and limitations of this process and make informed decisions based on the specific circumstances of their dispute.
In conclusion, Romania offers a wide range of dispute resolution methods, each with its own advantages and limitations. The choice of the most appropriate method depends on the nature of the dispute, the relationship between the parties and their preferences in terms of time, cost and confidentiality. Whichever path is chosen, the ultimate goal should be to find a solution that satisfies all parties involved.
