Browsing by Author "Camenșcic, Aurica"

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    CONFIRMAREA TRANZACȚIEI DE MEDIERE ÎN CADRUL BIROULUI NOTARIAL
    (CEP USM, 2022) Camenșcic, Aurica
    The purpose of this article is to identify the specifics of mediation procedures, review them as extrajudicial method of conflict resolution. As the methodological basis of the research we use the synergistic, phenomenological and dialectical analysis techniques to examine the main aspects of the mediation as well as identify its principal features. As a result of the study, the authors concluded that in Russia it is necessary to take into account the international experience of mediation, legislation to support the mediation process and in some cases give it forceful character, to develop cooperation with the courts and notaries with the mediators.
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    METODE ALTERNATIVE DE SOLUŢIONARE A LITIGIILOR DE MUNCĂ
    (CEP USM, 2021) Camenșcic, Aurica
    Conflict resolution can take place by combining several alternative dispute resolution methods. Until the publication of Law no. 213/2020, the alternative resolution of individual employment disputes was possible only based on the provisions contained in the Mediation Law no. 192/2006. At present, at the conclusion of the individual employment contract or during its performance, the parties may include in the contract a clause by which they establish that any individual employment dispute is settled amicably, through the conciliation procedure. They may use the advice of an external consultant, who may be a lawyer, an expert in labour law or, as the case may be, a mediator specializing in labour law, who, through his active role, will ensure that the parties act responsibly to settle the dispute. The time limit for challenging employment disputes is suspended during the conciliation, which means that the parties do not waive the possibility of bringing the case before the court. The internal regulations drawn up by the employer must include such a conciliation procedure.
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    TEORIA SI PRACTICA MEDIERII ÎN LITIGII DE MUNCĂ
    (CEP USM, 2022-11-10) Camenșcic, Aurica