Zeno Daniel Sustac, PhD (born March 05, 1976) is an arbitrator, attorney, insolvency practitioner and mediator, Vice President of the Romanian Mediation Council, Co-President of the National Union of Mediators from Romania and Co-President of the National Union of Negotiators from Romania. He is an european expert in the field of cross-border mediation, a writter in ADR field and a mediation trainer (having performed more than 5000 hours of mediation training), examiner and program evaluator in mediation field.
Sustac wrote and co-wrote: "Independent Report Concerning Mediation and the Mediation Profession in Romania" (2007), "Alternative Dispute Resolution" (2008), "Mediation, standards and procedures" (2009) and "Mediation guide" (2009), “Negotiation Handbook” (2011), „Best practice guide on the use of mediation in cross-border cases” (2013) and „The philosophy of mediation” (2013).
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Overview on the Mediation in Cross-Border Conflicts – Sources and Application Areas
This article is the introduction to a thesis by Zeno Sustac about the Best Practice Guide on the Use of Mediation in Cross-Border Disputes. This section specifically looks at what disputes are appropriate for cross-border mediation.
Best Practice Guide on the Use of Mediation in Cross-Border Disputes
Sometimes, the act of justice leaves one or more parties being unsatisfied with a judicial decision and generates a resolution based on the “loser-winner” paradigm. The consequence is often, in addition to the preservation of their conflicted status, the prolonging of the expensive and stressful judicial dispute. Mediation, as an alternative method of conflict resolution, starts with the principle of seeking to most capably satisfy the parties’ interests with a sustainable agreement based on free will. This approach, in the context of globalization, confers mediation with the quality of being an effective cross-border and cross-cultural method of conflict resolution. This article is an excerpt of a thesis analyzing the benefits and unforeseen consequences of mediation in cross-border disputes. This article focuses on the importance of training mediators on cross-border disputes.
A Philosophical Approach to Alternative Dispute Resolution Systems
This article proposes to analyze the ADR systems from the perspective of the causes which led to their creation and the perspective of the objectives that we would like to achieve from the narrowest level – the individual one, to the widest level – world level.
Mediation In Romania
Custom is a second human nature and the Romanian justiciable has inoculated itself for years the concept that any misunderstanding should be resolved in a court of law. However, the opinion of the Romanian justiciable is about to change, due to mediation.
Independent Report Concerning Mediation And The Mediation Profession In Romania
Mediation cannot be implemented in a legal system overnight! The efficiency of integrating mediation within the Romanian legal system is not guaranteed by the passing of a law which regulates mediation and the respective profession. A mediation law is not sufficient in a country which has had a vague relation with mediation only through legal commissions in a period which it wants forgotten.
Mediation in the Criminal Law
The Romanian lawgiver has applied mediation to the field of Criminal Law. Articles 67-70 in the Law 192/2006 comprise special provisions regarding mediation in the criminal cases, thus paying special attention to mediation in this field.
The Romanian Mediator
The Act 192/2006 implements in the Romanian judicial system a new alternative way of conflict solving and a new liberal profession of a judicial nature, that of a mediator. The Romanian public is not yet familiar with these notions but it is certain that the new profession will also compel recognition on the Romanian market, given its indisputable success in the USA and Europe. It is thus intended to replace the litigious approach with mediation, the most efficient alternative means of conflict solving, and obviously, to reduce the number of cases presented to the Instance Courts.
Promoting Mediation Over The Internet
One of the most effective means of promoting mediation is over the internet. Why do I say this? Because on the internet information remains stored over extensive periods of time, whereas by using other means of promotion (newspapers, television, radio) information wears off once it is is aired. The immediate impact of the information aired by these means is greater but it wears off once the information is aired. The effectiveness of promoting mediation over the internet is undoubtable. A well constructed website, promoted and optimized accordingly may bring remarkable results in promoting this new profession. It is for this reason that I consider that each mediation centre must have a presentation website.