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The imperative nature of the legal provision which makes it mandatory to attend the sessions of information about mediation, starting with February 15th, will be affected by the postponement of the application of sanctions for those who fail to do so, until August 1st, Cosmin Vasile, a partner at law firm Zamfirescu Racoţi Predoiu considers. "We have an imperative legal provision, which lacks sanction, which seriously affects its imperative nature", he said.
Cosmin Vasile considers that even under these circumstances, making it mandatory to inform about the benefits of mediation represents the best solution for promoting this procedure, as even in countries which have a tradition of decades in using alternative conflict solving methods, the main impediment for mediation is the reluctance of the business sector, which is not familiar enough with this procedure.
The new legal provisions would lead to the popularization of mediation to at most half of the litigants, given the fact that the sanction of rejecting the lawsuits filed by those who failed to attend the mandatory information session about mediation will only apply to plaintiffs, the lawyer says.
Cosmin Vasile reminded that Romania was one of the few member states which the European Commission has presented as a positive example, when it comes to the progress registered in setting up the framework for mediation.
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