Mediation in Entrepreneurship

Abstract

In Romania, the mediation has become a mandatory prior procedure, together with the direct conciliation in disputes of a commercial nature, following the amendments to the Code of Civil Procedure by Law. 202/2010. Mediation occurs both in the extra-procedural, ie before the onset of a trial before the court, and also in the trial stage, ie once someone had claimed summons, calls or appeals. The need for cooperation with the entrepreneurial environment in order to increase his competitiveness and his assertion at European and global level effort leads to increasing the EU Member States efforts in order to offer theirs citizens some clear and convincing answers regarding the business environment and their own business. The need for mediation occurs in a conflict with the business partner, in contract implementation problems (large delays in payments, non-delivery or delay in delivery of goods/services requested, etc.), where the firm is threatened with insolvency, foreclosure or other proceedings likely to put own business in difficulty. If no one wants to go to court or, even if already reached, mediation may be the most advantageous way to end as soon as possible the conflict which is likely to damage the business. In this context we will show, in what follows, the advantages and the benefits of mediation in the context of voluntary dispute resolution within the business environment.