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Med-arb and arb-med procedures in conflicts among professionals in agriculture

Authors: Alecu, Ioan Niculae; Ciocan, Felix-Dimitrie; Nicolae, Horia; Ciocan, Mihut Miki;

Med-arb and arb-med procedures in conflicts among professionals in agriculture

Abstract

Disputes among professionals in agronomy are generally caused by failure in performing a contract, most often the result of unclear formulations or of some flaws in drafting a contract. These arise from a failure to observe objective law, the non-satisfaction of subjective law and a failure to perform one's obligations. These are moments when Med-Arb is needed to resolve disputes and preserve business relationships between farmers. First, we must emphasize that the ADR (Alternative Dispute Resolution) phenomenon is far smaller in Romania when compared to the United States of America (a leader in the field, as previously shown), but also as to any other West European country that holds a tradition in the field. The ratio between classical state justice and alternate methods for dispute resolution is overwhelmingly in favour of the former. Thus, from data provided by the Superior Council of Magistracy, in 2014, at a national level, there were over 4,200,000 cases on the docket before courts of law and only 800-900 cases before The Romanian Court of International Commercial Arbitration. As regards mediation, The Mediation Council declared several thousand mediations carried over 2014. The purpose of this paper is to carry out an analysis on out-of-court alternatives for dispute resolution in business relationships among agribusiness professionals or between agribusiness professionals ans professionals from other fields, with whom they establish varied legal relationships.

Country
Germany
Related Organizations
Keywords

the Legal System, ddc:330, agronomy, Communication, Med-Arb, Unawareness, Justice, Information and Knowledge, Q0 - General, dispute, K22 - Business and Securities Law, D83 - Search, and Illegal Behavior, Inequality, Belief, and Other Normative Criteria and Measurement, Learning, D63 - Equity, mediation, K4 - Legal Procedure, arbitration

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
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