FACULTY OF POLITICAL, ADMINISTRATIVE AND COMMUNICATION SCIENCES BABES-BOLYAI UNIVERSITY

ALTERNATIVE DISPUTE RESOLUTION (ADR) ROMANIA vs. ENGLAND & WALES

BY CHIRANUS (NICULCEA) ANA-MARIA MACCM, IInd Year, 2nd Semester

CLUJ-NAPOCA, 2011

Parties can be located in the same jurisdiction or province. arbitration. to consider the use of ADR for every dispute. Loukas A Mistelis. to help the parties to restore their business relationships and avoid the acrimony of extended litigation. as a matter of professional conduct.INTRODUCTION The judiciary is traditionally regarded as one of the three state powers. alternatives to state judicial systems have been introduced. ADR is becoming a best practice in supply chains where parties agree from the outset in their contracts to forego court-based litigation and to rely instead on ADR. ADR has proven itself to save time and money. to inform the client of ADR options. recruit judges and make the services available to the public at a small cost. as well as the so-called emerging markets in the late twentieth century. many provincial law societies now require lawyers. adjudication. 2006. and if appropriate. the motto of reform was "access to justice"1. conciliation. negotiation. using alternative dispute resolution methods (ADR). ADR increases the parties' opportunities to resolve disputes prior to or during the use of formal administrative procedures and litigation (which can be very costly and time-consuming). pg 2 2 . Alternative dispute resolution (ADR) is often described as the resolution of a problem or dispute by any means other than a formal trial process. Hence it is the duty of the state to organize a justice system. mediation and arbitration are most common and are well established and sit parallel to the legal and judicial framework in England and Wales and also in Romania. or they can be in different jurisdictions and still use ADR because they opt in by contract to a set of rules for dispute settlement. Of all of these processes. early neutral evaluation and expert determination. In the wave of liberalization and privatization of public services that swept the western world. build the necessary legal and tangible infrastructure. The common formal methods of ADR which are used by the public and businesses include mediation. and in many instances. Indeed. The United Kingdom has been one of the driving forces of such reforms in Europe. 1 ADR in England and Wales: A Successful Case of Public Private Partnership.

ro/legislatie/lege_mediere_profesia_mediator_192_2006. the existence of abusive clauses within the contracts concluded between consumers and economic operators. the rights and responsibilities of mediators. the 2 http://www. The provisions of the Law no. is based on Article 2. 192/2006 modified and completed by the Law no. with the support of a specialized third party as mediator.ROMANIA Primary forms of ADR in Romania MEDIATION In Romania. In 2008. respectively Law no. the first law on mediation was adopted in 2006. the European Code of Conduct for Mediators (that has an informal value) states as requirement the independence of mediators. Romanian law defines the mediator as a person trusted by the parties and that is able to facilitate the negotiations among them and support them to solve the conflict through the identification of a mutually convenient. the organization of the activity of mediators. and sustainable solution. The mediator cannot impose a solution relative to the dispute among parties. Nevertheless. 370/2009. In addition. this law was modified and completed by Law no. 192/2006 modified and completed by the Law no. when the consumer claims a damage following the purchase of defective goods or services. impartiality. and confidentiality and with the free consent of the parties.192 relative to mediation and the organization of the mediator profession. The relevance of the Law no. which was approved in 2007 (Council of Mediation.ph p 3 . However. This condition is not formally mentioned in the Directive 2008/52/EC. In 2009. 192/2006 modified and completed by the Law no. the Council of Mediation has adopted the Code of Ethics and Professional Deontology of Mediators (Council of Mediation. the Council of Mediation has modified the Standard relative to the training of mediators. 370/2009. within a framework of neutrality. the mediation of family conflicts and of criminal causes. to the commercial disputes. 370. 370/2009 refer to the profession of mediator. the provisions are also applicable to conflicts in consumer protection. the non-observance of contractual clauses or warranties provided. According to this article. According to the Article 1 of the Law no. 2007). efficient. The mediation process is based on the cooperation of the parties to the dispute. the definition provided by the Romanian law states the condition of neutrality of the third party that provides assistance to those in dispute. 2008).dreptonline.2 This approach is in line with the content of the Directive 2008/52/EC. the mediation procedure. mediation is defined as a way to solve the conflicts on a conciliatory base.

as well as of the specialization training. primarily because the costs involved in such a procedure are low compared with those incurred in court trials. payment summons. The Code of Ethics and Professional Deontology approved by the Council of Mediation reflects the provisions of the Law no. 192/2006. etc.  Labor disputes: royalties. only the person that has obtained the quality of authorized mediator may practice the profession of mediator.html 4 . Part I. development of the Code of Ethics and Professional Deontology. making proposals to improve regulation of mediation. incompatibilities. sharing the common property. authorization of mediators. This body is an autonomous legal person of public interest. evictions. confidentiality. nondiscrimination. 370/2009 stipulates that authorized mediators are registered in the Table of Mediators. authorization of the initial and continuous professional training. obligations “to make”. Both civil matters and commercial matters are the object of the same provisions relative to mediation and the organization of the profession of mediator. In principle. The code guarantees the fulfillment of the mediators’ mission. conflict of interests. trust and moral integrity. 192/2006 modified and completed by the Law no. etc.  Family Law: divorces. 370/2009. drawn up by the Council of Mediation. development of training standards relative to mediation based on the international best practices. housing reports. the regulatory framework relative to mediation and mediator profession was adopted relatively recently.3 Article 12 of the Law no. In Romania. based on its free acceptance by them. The general principles to be applied by mediators are the following: the freedom of parties to apply to mediation and to make a decision. neutrality and impartiality of the mediator. etc. The noncompliance with the deontological norms specified by the code incurs the application of disciplinary sanctions by the Council of Mediation. quality of the mediation process. The profession of mediator was legally created in 2006. claims. supervision of the compliance with the training standards in the field of mediation.ro/content/articles/id_17637/Legea-370-2009-pentrumodificarea-si-completarea-Legii-nr-192-2006-privind-medierea-si-organizareaprofesiei-de-mediator. According to Law no. independence. responsibility of mediators. disposal of individual employment contract The prevalence of commercial mediation is high. and published in the Official Journal of Romania.avocatnet. professional secret. In Romania. child custody. the profession of mediator is compatible with the practice of other activities or professions. Among the main responsibilities of the council range the following promotion of the mediation activity and representation of the interests of the authorized mediators. confidentiality and maintaining or strengthening business relationships are other 3 http://www. fee setting. Also.infringement of other rights stipulated by the national or EU legislation in the area of consumer protection. Council of Mediation organizes the mediation activity. Mediation can be used to resolve a wide variety of conflicts:  Civil law: boundaries.  Criminal Law: the mediation can be used for crimes that trigger the complaint by the injured party  Commercial Law: claims. shares.

under the Convention compromise. If the disputes relate to goods of a certain amount (jointly agreed by both parties).Freedom for the parties involved in the conflict to choose the referee (judge). In Romania arbitration is governed by the Code of Civil Procedure. Also. Also. that mediation may intervene in conflicts which arise in connection with the execution. and its price it is covered on both sides • Basic principle of mediation is that the payment shall be made equally by those involved and most often it is estimated (or proposed) an initial time. Book IV “On arbitration”. execution or their abolition. is generally considered that a mediation session lasts about an hour.e. Arbitration offers a modern and efficient alternative means of dispute resolution that allows: . ARBITRATION Along with mediation. amended by Law no. Mediation costs are given by: • hourly fee or a percentage for the mediator. I refer in particular to the Law no. fact that can not be done in the traditional judicial system . 59/1993) and enables the participating parties to conclude on contracts which stipulate that any dispute arising out of or in connection with those documents (contracts / pre-contracts).The parties. No matter in what area mediation can be used. (Art. • Although rare it is possible that during the proceedings an expert opinion to be sought. In this area. 340-370) and is a form of private justice (Book IV “On Arbitration”. if occurring in electronic commerce disputes. which is paid. it can also be negotiated a percentage fee of the value accepted in addition to the hourly fee. whether or not an agreement is achieved. the discussions that are taking place during the mediation process are confidential and can not be used thereafter without the consent of the parties or in some cases expressly provided by law). i. interpretation and severance of commercial contracts. have the opportunity to choose one or more judges for a ruling in arbitration 5 . mediation can be applied in particular e-commerce stores that have been in disputes with customers about delivery orders of various products. and in the end the difference is paid for the exceeded time • Mediation session shall be paid regardless of outcome. 90 minutes. in the current Romanian law mediation is recognized as an effective method of resolving conflicts. including also the conclusion. and for a mediation in several sessions. to be settled by Arbitration. which contains provisions relating to mediation by which it changes and augments the civil and criminal procedure codes. the first session is covered up to an hour and a half. arbitration offers a safe and convenient alternative for civil and commercial dispute resolution. the courts having an important role in promoting it.reasons why mediation records a real success on the current Romanian business market (the mediator keeps secret the information it obtains about the parties during mediation and it will not disclosed it without the consent of both parties. 202/2010 regarding some measures to accelerate the settlement process.

Thus. compared to cumbersome mechanisms of judicial system that can last for years . Therefore. 6 . a similar situation in this respect being also the mediation procedure. providing on-line completion of the procedures.A quick resolution of disputes between the parties within 5 months. Thus consumption of time and labor resources of the involved parties is minimized.Parties may decide the law or legal system that will govern the contract which expresses their will and way of solving any disputes.. Both mediation (regulated by Law no. I mention that the Romanian International Commercial Arbitration Court at the Chamber of Commerce and Industry has established an electronic medium for an accelerated arbitration. The Technical Secretariat of the Arbitration Court makes available to interested parties a mobile office in order to fill in the applications electronically and to load the supporting documents in the system at no extra costs. applicants have access to a user-friendly electronic environment. 192/2006) and arbitration are voluntary dispute resolution procedures. Regarding the possibility of using electronic means in solving disputes. civil procedural law recognizes the autonomy of will of the parties in a dispute subject to arbitration (the freedom to determine the organization and conduct of arbitration).

The ombudsman will only look into a case where an individual (or in some cases group of individuals) has suffered personal injustice. The ombudsman will not investigate a case if it is about to go to court or if court action has been started. before it is made to the ombudsman. In some cases. An ombudsman should be a member of the British and Irish Ombudsman Association (BIOA). the ombudsman will not look into cases which could be dealt with by a court or tribunal. They can also look into complaints about NHS hospitals or community health services  The Local Government Ombudsman who investigates complaints about local councils and some other local organizations  The Financial Ombudsman Service  The European Ombudsman  The Legal Ombudsman  The Property Ombudsman  The Housing Ombudsman  The Prisons and Probation Ombudsman. Using an ombudsman is a way of trying to resolve a complaint without going to court.ENGLAND & WALES Primary forms of ADR in England & Wales OMBUDSMEN An ombudsman is a person who has been appointed to look into complaints about an organization. the complaint must be done to the organization first. The ombudsman’s job is to investigate cases of maladministration. There are a number of ombudsmen:  The Parliamentary and Health Service Ombudsman who investigates complaints about government departments and certain other public bodies. free of charge and impartial.  The Energy Supply Ombudsman. Ombudsmen are independent.org.4 REGULATORS 4 http://www.htm 7 . hardship or financial loss because of the action or lack of action of a particular organization.uk/index/your_rights/civil_rights/how_to_use_an_ombu dsman. in most cases.adviceguide.

The Consumer Council for Water. CONCILIATION Conciliation is a less formal form of arbitration. an independent person. but which operates at arm's length from government and which has one or more of the following powers: inspection. accreditation. Parties may submit statements to the conciliator describing the general nature of the dispute and the points at issue. or communicate with the parties orally or in writing. usually an expert in the subject of the disagreement looks at the case and gives a decision. though not a blend. MEDIATION AND ARBRITATION (MED-ARB) Med-arb is a combination of mediation and arbitration. Any party can request the other party to appoint a conciliator. and if no agreement results. The expert is chosen jointly by both sides. which is non-binding. the parties may agree on a neutral thirdparty to decide that issue. Parties may even submit suggestions for the settlement of the dispute to the conciliator. licensing. The Drinking Water Inspectorate etc).g. the dispute will go to arbitration. This process does not require an existence of any prior agreement. where a binding decision will be issued. or enforcement (e.A Regulator is defined as a body which has been established by Act of Parliament. and that issue is a stumbling block to settlement. In some cases 8 . may ask to meet the parties. The parties may make the neutral's decision binding or not. The evaluator is often chosen because of their expertise in the subject matter of the disagreement (e. NEUTRAL EVALUATION With this option an independent person looks at the claims made by each side and gives an opinion. where the company needs someone outside the company to investigate the charges. a lawyer with litigation experience). Mediation is attempted first. referral. The opinion can also be the basis for an agreement between both sides. The conciliator may request further details. Neutral fact finding can also resolve disputes involving a business entity's internal affairs. who agree from the start to be bound by the expert's decision. advice to a third party. like employment discrimination. Each process is kept separate.g. NEUTRAL FACT FINDING Neutral fact finding is used when a dispute involves an issue requiring expertise. Each party sends a copy of the statement to the other. EXPERT DETERMINATION In expert determination.

the same person acts as mediator and arbitrator. Under these changes the courts were given a clearly defined role in providing information about ADR and encouraging its use in appropriate cases. Lord Woolf’s Final Report stated “the court will encourage the use of ADR at case management conferences and pre-trial reviews. If it is possible. ADR has been also a feature of Government policy over the last decade. The new Civil Procedure Rules indicate clearly the desire of those who are responsible for the administration of civil justice to bring about radical change in litigation culture.gov. The Civil Procedure Act of 1997 provided for the establishment of a new code in the form of Civil Procedure Rules (CPR) governing the practice and procedure to be followed in the Court of Appeal. In addition to this judges have been given powers to impose on both parties to try mediation if they have not already complied with the C P R requirements. the High Court and the county courts.. 1999 .”5 Lord Woolf’s vision for a greater push towards the use of ADR. The idea of med-arb is to combine the advantages of both mediation and arbitration. thus eliminating adversarial nature that a trial produces. Court of Appeal judgments and on the growth of mediation in the commercial sector as a means of resolving high value disputes. MEDIATION In England. signalled a significant change in the handling of civil court cases. Pre-action protocols are designed to facilitate early settlement of the dispute.). and will take into account whether the parties have unreasonably refused to try ADR or behaved unreasonably in the course of ADR.pdf 9 . Lord Woolf published his Access to Justice Report 1996 in which he “.English Arbitration Act. they both know that in the next stage an arbitrator will make a final decision for them. The Civil Procedure Rules have been amended accordingly to ensure all litigants have exhausted all methods of resolving and have considered Alternative Dispute Resolution before actual court proceedings are issued. The step change delivered as a result of Lord Woolf’s review of civil justice and his subsequent Access to Justice Reports of 1995 and 1996 (on 26 July 1996. along with the introduction of judicial case management was enshrined formally into the court process through the Civil Justice reforms of 1999. the primary role being taken by the legal reforms (1996 . both sides will agree a settlement through mediation. mediation has grown rapidly in response to the need to find an effective option to resolve disputes without lawyers.Civil Procedure Rules).. If they can’t agree. building on the momentum of the Lord Woolf reforms.identified a number of principles which the civil justice system should meet in order to ensure access to justice”.uk/docs/solving-disputes-county-courts.justice. in others a different neutral person is brought in to arbitrate. both recognizing and promoting the need for alternative dispute resolution methods to reduce the cost and duration of court trials. The 80s but especially the 90s were the development period of mediation in the UK. 5 http://www. The Woolf Report on Access to Justice played a pivotal role in raising the profile of ADR in England.

the Government introduced the ADR Pledge. where appropriate and with the consent of the other party in dispute. Training and accreditation of mediators is provided by a number of organizations.Advisory. 6 Another key area of activity has been in the development of court-based mediation. Other common features of mediation are: it is voluntary. went into voluntary liquidation in October 2006. Conciliation and Arbitration Service. At the end of 2005 it started piloting an accreditation scheme for civil and commercial mediation providers. The types of conflicts. which was the national body for over 120 community mediation services.co.uk).adrgroup. and mediators consider it beneficial for people to reach agreement together.uk). There is currently no authorized regulator or regulatory body for ADR in England and Wales. Family mediation is at present nearly always conducted face-to-face. ACAS provides an independent and impartial service to prevent 6 Idem 10 .In England and Wales. among whom are the Centre for Effective Dispute Resolution (www.co. issues discussed during mediation cannot be used in court). and their aim is to help the parties reach an agreement. accredited by the Civil Mediation Council (CMC).  Community conflicts . In family disputes in England and Wales there is no contract in which a family mediation clause could be inserted. they do not make decisions for the parties. The ADR Pledge is currently being renewed and extended. which can be addressed through mediation. the ADR Group (www. cedr. served by panels of commercial mediation providers.The Civil Mediation Council is the national body which represents and promotes civil and commercial mediation.mediate.uk). Mediators are independent and impartial. Under the law of England and Wales couples who marry are not subject to a matrimonial property contract.co. and In Place of Strife (www. The council approves family mediation bodies which meet its requirements.There is currently no national umbrella organization for community mediation providers. Family mediators who are trained and accredited by bodies approved by the council are listed on the governmentfunded Family Mediation Helpline website. Code of Practice in Disciplinary and Grievance Procedures provides for best practice in the area of employer/employee disputes. which was a significant step forward in terms of support for ADR as it made a commitment that all Government departments and their agencies would use alternative forms of dispute resolution.  Labour/Workplace conflicts (The ACAS . and confidential (unless both parties agree. participation in family mediation is voluntary and is undertaken to resolve disputes arising in the context of divorce or separation under the provisions of domestic legislation. Mediation UK. according to British legislation.In 2001. are:  Civil conflicts  Family conflicts . In 2004 it was set up the National Mediation Helpline to form the basis of a national mediation service for all county courts. The Family Mediation Council was set up in 2007 to harmonize standards for family mediation in the UK. private.  Commercial/business conflicts . by encouraging both local authorities and businesses to make a similar commitment to using ADR in appropriate cases.

and resolve disputes between employers and employees. the general principle is that each side pays their own costs. depending on the form of ADR used. where the mediator and the parties establish the issues. so the payment depends on how much money each side has (help with the costs of family mediation can be get through the Community Legal Service). It usually involves face. where each side normally pays their own costs. and. conciliation and neutral evaluation are designed as aids to agreement.to-face meetings. depending on the type of mediation. or could be made to an employment tribunal. methods such as mediation. except in the family courts. In alternative dispute resolution. Sometimes. Family mediation services often charge an hourly rate. The resolution achieved through ADR can take the form of a decision or agreement by the parties. so only the travel and other expenses should be paid. Expert determination. ACAS conciliators have a statutory duty to promote settlements in a wide range of employment rights complaints which have been made. the options and negotiate an agreement. Commercial and civil disputes normally involve a meeting of the parties and their solicitors – although often each party is in a different room and the mediator ‘shuttles’ between the two rooms. Some Ombudsmen make binding decisions. The exact length and proceedings of the mediation depend on the issues at stake: for instance family or neighborhood mediation requires specific approaches. but it may be able to get these back as part of a mediated agreement if both sides agree to this. It is also advisable to ensure that any ADR provider used has accreditation and carries indemnity insurance. adjudication and arbitration schemes produce decisions though these may or may not be binding according to the circumstances and methods used. others make recommendations. Community mediation doesn’t cost much either. the Community Legal Service fund will pay for the cost of the mediation or other form of alternative dispute resolution. Mediation costs can vary. Ombudsman schemes tend to be the least expensive to use. For example: • • • Community mediation is usually free to local residents. 11 . Generally. the organization one is complaining about pays all the costs because they are the financially stronger side. It is not obligatory to seek legal advice when using alternative dispute resolution.  Victim-offender conflicts Mediation normally takes place at a neutral venue. Commercial mediation providers charge according to the complexity and value of the claim If one side is eligible for legal aid. The general principle that applies in civil courts in England and Wales is that the ‘loser’ pays the other side’s costs as well as their own. but it is advisable. Some have a scale of fees. as they are free to the person complaining.

The actual procedure to be followed in any arbitration hearing is left to the parties to decide. The agreement to go to arbitration can be made by the parties at any time. It also differs from the litigation as both parties involved in the dispute can agree on who can decide the outcome of the dispute as well as the procedure they would like to adopt to come to that decision taking into account any statutory provisions. Advantages of Alternative Dispute Resolution 12 . which means the parties submit everything to the arbitrator in writing. It can be written into a business contract by what is called a Scott v Avery clause or the parties may just agree on arbitration when a dispute arises.  very detailed requirements concerning arbitration panels and appointment of arbitrators. Therefore. It could be three. The decision made by the arbitrator is called an award and is legally binding on the parties. arbitration hearings can take many forms. is binding on the parties. evidence. The parties can agree the number of arbitrators who will hear their dispute. It further states that it is an agreement to submit to arbitration present or future disputes whether they are contractual or not. the arbitrator. However the parties can also have a hearing at which they appear and give evidence and witnesses may be called. The relevant law on arbitration can be found in the Arbitration Act 1996. two or just one person. including legal representation.  jurisdiction of the arbitral tribunal. appointment of experts and advisers. who will then read everything and make a decision. The parties can decide on a paper arbitration. The Act contains provisions concerning:  the requirements for arbitration agreements. There is also the Institute of Arbitrators who will provide trained arbitrators to parties who wish to settle a dispute. The distinguishing feature of arbitration can be summarized as the decision of a third party. The Arbitration Act 1996 states that the object of arbitration is to obtain the fair resolution of disputes by an impartial tribunal without unnecessary delay or expense.  appeals (very limited). The parties will normally appoint someone who is an expert in their particular area of business.  arbitral proceedings.  provisions on arbitral awards – their content and biding force.ARBITRATION Arbitration is the most formal of the methods used to settle disputes without using the courts.

Court proceedings create a winner and a loser.  Parties may be able to remain on good terms . the mediator employs a problem solving technique called CLEAR which is a seven step process aimed at helping the parties to step outside of the problem and look at the issues in a structured and holistic way. conflict arising out of personal or professional relationships).A bullet point guide to how and why mediation works in more than 80% of cases .e. He is a member of the United Nations Expert Panel on Online Dispute Resolution. other then in the law.” The online service provides an online messaging and blind bidding process.The aim of ADR is to find a compromise solution which is acceptable to both parties.All forms of ADR are far cheaper than taking a case to court.  Expertise .A collection of articles written by Consensus Panel members and guests .A specialist from within a particular trade or industry is able to suggest a reasonable solution which will be acceptable to the parties involved.Every case solved through ADR stops the courts being over burdened with cases. The parties can web conference by Skype. Speed . return agreements and pay online. Below are only a few examples of such organizations:  Dispute Doctor provides an online mediation service carried out by a barrister mediator based in Bristol.  E-mediator offers: .  Privacy .ADR is conducted in private.Every case resolved using ADR saves the Government money. For more difficult disputes.  Saving of Court Time . in time and money. A judge is unlikely to have specialist knowledge. a mediator and retired solicitor with over 20 years experience in IT and the law. Using ADR to settle a dispute means businesses can remain on good terms and continue to trade with each other once their dispute is resolved. carried out by an accredited mediator.  Costs to the State . The online dispute resolution services (ODR) are another mechanism offered by numerous English organizations to facilitate the resolution of disputes between parties. therefore avoiding publicity from the media. The areas covered are divorce and separation (finances).Settling a dispute using ADR is usually much quicker than using the court system. There is also a handy Useful Resources section which contains Guides to Mediation. The public are also unable to attend.  Costs to the Parties . Mediations are standard facilitative mediations.Case Studies related to cases settled successfully using traditional and online mediation 13 . with additional message areas in which client and lawyer can communicate securely.  The Mediation Room run by Graham Ross. He provides a service “where technology meets dispute resolution enabling people to have their disputes resolved at less cost. employment and organizational conflict (i. and with less damage to underlying business or personal relationships than by pursuing through the courts or by arbitration.ADR Glossary explaining common terms and acronyms .

PROFESSIONAL ADR SERVICE PROVIDERS: 1. an accreditation scheme for mediation 14 . Maritime Solicitors Mediation Service A specialized service set up by a group of 19 English maritime law firms. members of trade associations. It has more than 400 members. National Mediation Helpline The helpline is provided by the Ministry of Justice in conjunction with the Civil Mediation Council. but its outreach is international as well. It provides training courses and consultancy services in the area of ADR.000 members in more than 100 countries. The main objective is “to promote the use of mediation in the maritime and marine insurance sector to assist parties to expedite the cost effective resolution of disputes. Civil Mediation Council The Council operates a scheme for accreditation of mediation providers. The Academy holds a Register of Qualified Dispute Resolvers . It is a subsidiary of the Chartered Institute of Arbitrators (CIArb). IDRS administers independent conciliation.- Extracts from the Civil Procedure Rules that relate to ADR. It was founded to represent the common interests of mediation providers and mediators in promoting mediation and similar forms of dispute resolution. There are numerous mediators accredited with the Helpline. IDRS IDRS provides dispute resolution services to individuals and businesses. commercial and workplace mediation in England and Wales. public and private sector organizations to develop schemes for alternative dispute resolution. It prides itself on being material in bringing mediation into the mainstream of the English civil justice system. facilitation and development of all forms of dispute resolution”. 4. 3. Chartered Institute of Arbitrators The Institute was founded in 1915 and now has 11. 7. 6. is a not-for profit private company providing Ombudsman services to energy. the CIArb refers to itself as “a centre of excellence for the global promotion. with links throughout the United Kingdom and Europe. The Academy of Experts Through the Faculty of Mediation & ADR the Academy of Experts has been providing Mediation Training since the early 90's as part of its commitment to Cost Efficient Dispute Resolution. The aim of the helpline is to inform about mediation and to facilitate access to mediators. 5. mediation.available on-line. The Ombudsman Service Ltd. professional bodies. CEDR Centre for Effective Dispute Resolution works with governments. It is now recognized as the organization which represents the interests of civil. and their customers. telecoms and surveying sectors. 8. adjudication and arbitration schemes to settle complaints and disputes involving individual companies. 2. The Ombudsman Service Ltd.

The Mission of the CMC is to influence the policies and practices of the UK government and other governments. increasingly to adopt mediation as an effective means of dispute resolution.providers. and organized major conferences and forums. judiciary and industry on civil mediation issues. and works with employers and employees to solve problems and improve performance. as well as the professions and the public. with increasingly important role. ACAS serves as part of the Employment Tribunals system. independent advice and training. ACAS (Advisory. The CMC is the first point of contact for the Government. 15 . especially following the 2002 Employment Act and the later 2008 Employment Act. Conciliation and Arbitration Service) The service aims to “improve organizations and working life through better employment relations. 9.” It supplies up-to-date information.

dca.justice.dca.uk/ +/http://www.ro/content/articles/id_17637/Legea-370-2009pentru-modificarea-si-completarea-Legii-nr-192-2006-privind-mediereasi-organizarea-profesiei-de-mediator.pdf http://www.civilmediation.nl/show.cgi?fid=3609 http://www.uk/?p=7&lang=e http://arno.gov. Russ Taylor.adrnow.uk/docs/solving-disputes-county-courts.uk/civil/final/contents. Loukas A Mistelis.RESOURCES http://www.avocatnet.html http://www.net/uni/mem/17/odr01.com/news/archive/Individual_member.ro/legislatie/lege_mediere_profesia_mediator_19 2_2006.eu/civiljustice/adr/adr_rom_ro.juriscom.uk/news/docs/annual-pledge-report-2006-07.htm Civil Justice in England and Wales-beyond the courts (Research Project).justice.pdf http://www.cedr.gov.gov.htm (Access to Justice Final Report. pg 2 16 .ro/inpage/aplicabilitatea-institutieimedierii-sistemul-drept-romanesc/ www.html http://www.pdf http://www.htm http://ec. 1996) http://webarchive.pdf http://www.uk/index/your_rights/civil_rights/how_to_use _an_ombudsman.nationalarchives.dreptonline.uk/go/Section_1.gov.uk/civil/final/overview.adviceguide. 2009 ADR in England and Wales: A Successful Case of Public Private Partnership. 2006.ro/content/forum %7CdisplayTopicPage/topicID_22126/.org.unimaas.htm http://www.gov.php http://www.ltd.org.businessandmoney.avocatnet.idrs.europa.html http://www.org/about-cmc http://www.

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