Suchergebnisse

The article argues that mediation, in its essence, is a mechanism for social development, and solving problems in the public administration system through mediation contributes to organizational change and personal development of civil servants. The problem under investigation is to identify the factors that determine the final states of the social costs and benefits of the parties involved in the conflict and the methods of effective conflict management. According to the specified research problem, the conceptions about conflict are reviewed, which serve as a support for the steps taken in the analysis of the phenomenon of conflict in the public administration. The paper describes the elements of the conflict phenomenon and conflict management styles and states that the constructive approach to conflict resolution, based on active action strategy and the application of the win/win principle, is a mechanism that offers the possibility to change the current conflict situation and improve the decision-making process.

Mediation is first and foremost an alternative to the justice that solves amicably a conflict between the parties to the conflict. Mediation has its origin in antiquity. It is found in the Justinian Codification. Our ancestors have preserved the institution of mediation in feudalism, and in modern times only in rural areas. At the present stage, the mediation procedure has grown in most European countries. The advantages of out-of-court mediation are: shorter duration, flexibility of the mediation procedure, parties can identify and adopt their own solutions. Among the disadvantages we mention: the non-binding character of the decisions, the inaccurate decisions, there is no guarantee of a successful solution. Specifically, the disadvantages of mediation have served as grounds for some states, including Moldova, to regulate the mandatory mediation for some categories of cases. This is how Italy and Romania went.