Considerations on the Origin and Evolution of Conflict Mediation in Social Life (SDGs)

Objectives: The study is based on the issue of mediation, which represented and represents an alternative to state justice through which a conflict between parties is resolved amicably. Theoretical framework: Mediation has existed since ancient times in the oldest civilizations, and in the form we know today in Europe was introduced by Directive CE/52/2008 of the European Parliament, and obliges all member states to take measures to include mediation in civil and commercial cases in which aspects related to the parties' belonging to different, respectively cross-border, legal systems arise. In Romania, the institution of mediation operates under Law no. 196/2006, and in the Republic of Moldova, under Law no. 137/2015. Method: The same methods used in the study of any branch of law were used. The research of the phenomenon is carried out by using the same methods used in the study of law: general methods and concrete methods. Results and discussions: The crises that contemporary society faces are the consequence of ignoring and failing to manage in a timely manner the sources of tension and conflict. This fact has generated their dangerous development as a consequence of the non-prevalence of the rule of dialogue, negotiation and mediation. Research Implication: The study recommends the introduction of mandatory mediation for a number of minor disputes. Originality/Value: Conflict left unresolved or handled destructively can cause great damage to the parties involved. The slippages affect the rule of dialogue, negotiation and mediation, and against this background, individuals and communities become distrustful of alternative methods of conflict resolution and prefer to approach the solution through other means, such as war that wastes the community's assets.

Authors

Publication Details

Journal
Journal of Lifestyle and SDGs Review
Published
2025-04-23
DOI
https://doi.org/10.47172/2965-730x.sdgsreview.v5.n04.pe06437
Primary Topic
Conflict Management and Negotiation
Type
article
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article

Considerations on the Origin and Evolution of Conflict Mediation in Social Life (SDGs)

Constantin Mihalescu
Journal of Lifestyle and SDGs Review
Conflict Management and Negotiation
article

Considerations on the Origin and Evolution of Conflict Mediation in Social Life (SDGs)

Constantin Mihalescu
article en

Abstract

Objectives: The study is based on the issue of mediation, which represented and represents an alternative to state justice through which a conflict between parties is resolved amicably. Theoretical framework: Mediation has existed since ancient times in the oldest civilizations, and in the form we know today in Europe was introduced by Directive CE/52/2008 of the European Parliament, and obliges all member states to take measures to include mediation in civil and commercial cases in which aspects related to the parties' belonging to different, respectively cross-border, legal systems arise. In Romania, the institution of mediation operates under Law no. 196/2006, and in the Republic of Moldova, under Law no. 137/2015. Method: The same methods used in the study of any branch of law were used. The research of the phenomenon is carried out by using the same methods used in the study of law: general methods and concrete methods. Results and discussions: The crises that contemporary society faces are the consequence of ignoring and failing to manage in a timely manner the sources of tension and conflict. This fact has generated their dangerous development as a consequence of the non-prevalence of the rule of dialogue, negotiation and mediation. Research Implication: The study recommends the introduction of mandatory mediation for a number of minor disputes. Originality/Value: Conflict left unresolved or handled destructively can cause great damage to the parties involved. The slippages affect the rule of dialogue, negotiation and mediation, and against this background, individuals and communities become distrustful of alternative methods of conflict resolution and prefer to approach the solution through other means, such as war that wastes the community's assets.

Journal of Lifestyle and SDGs ReviewVol. 5(4)
Openalex Percentile: Top 89%
Conflict Management and Negotiation
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