Edmond Gabriel Olteanu*
Abstract
The new form of art. 1312 of Law no. 8/1996 regulates mediation, as a possibility of settling disputes, in case of failure of the negotiations for methodologies.
In the field of mediation there are incidents three normative acts: the Civil Procedure Code, the Law no. 192/2006, Law no. 8/1996 and the article shows that non‑unitary regulation may raise problems in case of competition of laws.
Even if the copyright law regulates only mediation, there is no impediment to the collective management bodies, after the conclusion of the negotiations, to address an arbitral tribunal before which the arbitration agreement is concluded and thus arbitration may be used in this area
* Prof. univ.dr., Universitatea din Craiova‑Facultatea de drept, E‑mail: This email address is being protected from spambots. You need JavaScript enabled to view it.. Materialul a mai fost prezentat, în sinteză, la seminarul „Consultation meeting on mediation and arbitration” organizat de WIPO şi ORDA, Bucureşti, 25 aprilie, 2018.
