Constantin-Adi Gavrila, is mediator and mediation trainer, cofounder and general manager of the Craiova Mediation Center Association, first president of the Romanian Mediation Centers Union and first vice-president of the Romanian Mediation Council. He was honored with the Association for Conflict Resolution (ACR) International Development Committee’s 2009 Outstanding Leadership Award for outstanding contributions to international conflict resolution.
He mediates cases of all types including commercial, family and real estate, taking a practical and business-oriented approach to dispute resolution. With over ten years of experience as mediator, he is able to quickly grasp the central issue in dispute, using creative approaches to help parties solve seemingly intractable problems.
Mr. Gavrila coordinated as general manager extended programs in mediation: participation at the legislature process in the mediation field, training of mediators, systems development, and information dissemination. He is an IMI certified mediator, a JAMS International panelist, a Mediate.Com author, a Kluwer Mediation Blog contributor and a member of the Independent Standards Commission convened by the International Mediation Institute (IMI).
Contact Constantin-Adi Gavrila
The Ethical Filter in Mediation
Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears.
There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number of lawsuits filling the logs of the courts and then draw the inevitable conclusion that mediation has missed the opportunity of (be)coming mainstream.
What Went Wrong with Mediation?
Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need of “rebooting” the implementation of mediation process in the EU in the light of the limited effects of current legislation upon the number of civil cases mediated.
Recently, talking to a very experienced mediator, we started to describe a particular practice of an attorney-mediator during one of his cases. At the end, we asked: was that mediation? Our friend told us that no, it wasn’t mediation. We asked why and a long silence fell over our table. Then he confessed that it cannot tell exactly why, but somehow he felt uncomfortable with the practices we described and certainly he would not attempt to use them during his own cases.
Recently, talking to a very experienced mediator, we started to describe a particular practice of an attorney-mediator during one of his cases. At the end, we asked: was that mediation? Our friend told us that no, it wasn’t mediation. We asked why and a long silence fell over our table. Then he confessed that it cannot tell exactly why, but somehow he felt uncomfortable with the practices we described and certainly he would not attempt to use them during his own cases. But he also agreed that, in extremis, those kinds of practices can be considered as being part of the mediation process and there were a lot of mediators using them.
A Closer Look Into Separate Sessions
One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. This is a tool in every mediator's toolbox that they need to know when to use.
Penalties for the Non-Participation in Mandatory Report Sessions on the Mediation Benefits
If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon.
Different Approaches, Same Service – Mediation
There are a variety of approaches and disagreements about mediation trainings. If we keep an open mind, each angle will offer us a different perspective, even if those perspectives may be completely opposite.
The Identity of the Mediation Profession
While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others.