Constantin-Adi Gavrila is a mediator and mediation trainer, co-founder 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. Adi has mediated many types of cases since 2003, including complex commercial, family and real estate disputes. He also served a co-chair of the Independent Standards Commission of the International Mediation Institute (IMI). Adi has published extensively in the field of mediation and is a skills trainer and a frequent presenter at international conferences. Adi was honored with the Association for Conflict Resolution (ACR) International Development Committee’s 2009 Outstanding Leadership Award for his contributions to international conflict resolution. Since 2011 he has been a regular contributor to the Kluwer Mediation Blog on a wide range of contemporary issues in mediation.
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6th Key-Government: Make Mediation a Prerequisite to Civil Litigation
Buckminster’s Law derives from the futurist and inventor, R. Buckminster Fuller, who dedicated his life to “making the world work”.
What’s In It For Us?
The vast majority of people still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he or she does, and maybe more importantly, IF, WHEN and WHY would someone benefit from using mediation and mediators.
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.