IDEAS home Printed from https://ideas.repec.org/a/sdb/social/v3y2014i2p17-31.html
   My bibliography  Save this article

Medierea la distanta. Analiza cadrului legislativ local

Author

Listed:
  • Gabriel - Cristian Constantinescu

    ()

Abstract

Remote Mediation implies that at least one of the parties participating at the mediation (the parties in dispute and/or the mediator) to be assisted by a remote communication technology. Currently, there is no specific regulation for the remote mediation in Romania, but it can find legal framework for it in the Romanian Civil Code and the special laws, starting from the Mediation Law. This paper will demonstrate that mediation can run away with minimal adaptation of the specific contracts. Legal requirements concerning the form and the content are analyzed for: the mediation contract, the mediation agreement, the mediation minute, taking into account the e-documents, the electronic signature and mandate of a representative. Remote mediation contracts with at least one individual or association of individuals are the only ones that require a more particular form, but for the rest, minimal supplementary requirements are mandatory.

Suggested Citation

  • Gabriel - Cristian Constantinescu, 2014. "Medierea la distanta. Analiza cadrului legislativ local," Social-Economic Debates, Association for Entreprenorial Spirit Promotion, vol. 3(2), pages 17-31, August.
  • Handle: RePEc:sdb:social:v:3:y:2014:i:2:p:17-31
    as

    Download full text from publisher

    File URL: http://www.economic-debates.ro/2-2014/v3i2a4.pdf
    Download Restriction: no

    File URL: http://www.economic-debates.ro/2-2014/v3i2a4.pdf
    Download Restriction: no

    More about this item

    Keywords

    Remote mediation; ODR; mediation contract; mediation agreement; electronic signature;

    JEL classification:

    • J52 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Dispute Resolution: Strikes, Arbitration, and Mediation
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • O3 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:sdb:social:v:3:y:2014:i:2:p:17-31. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Adi Sava). General contact details of provider: http://www.economic-debates.ro/ .

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service hosted by the Research Division of the Federal Reserve Bank of St. Louis . RePEc uses bibliographic data supplied by the respective publishers.