SANCȚIUNILE APLICABILE ÎN CAZUL NEPARTICIPÃRII PÃRȚILOR LA ȘEDINȚA DE INFORMARE ASUPRA AVANTAJELOR MEDIERII, POTRIVIT NOULUI COD DE PROCEDURÃ CIVILÃ ȘI RECENTELOR MODIFICÃRI ALE LEGII NR. 192/2006 PRIVIND MEDIEREA ȘI ORGANIZAREA PROFESIEI DE MEDIATOR

Recent legislative interventions have brought important innovations on mediation, and one of them has promoted the sanction of dismissing the claim as inadmissible in case of claimant’s failure to observe the obligation to participate in the briefing on the advantages of mediation. The author determines the conditions for applying this procedural sanction, which he considers extremely severe and even excessive. Inadmissibility for not participating in the briefing is being also examined in the light of the provisions of art. 21 of the Romanian Constitution, regarding the free access to justice and the provisions of art. 6 of the (European) Convention on Human Rights and Fundamental Freedoms. Secondly, the author notes that the sanction of inadmissibility applies only to the claimant. He believes, however, that the respondent may be subject to a judicial fine should he/she fail to appear in the briefing, according to Art. 187 item 1 letter f) of the new (Romanian) Code of Civil Procedure entered into force on February 15, 2013.