Mediation a Conflict Solving Modality in the Banking Area

The overall objective of the paper is a current topic of a real interest for the reasonable solution of the conflicts which emerge in the banking area. Using the method resulted from a detailed analysis of the field literature and the judiciary practice, the article manages to identify the amplitude and generic principles of solving the litigations in the commercial area through alternative methods to the state justice, overcharged with cases, within the context of the European Union’s regulations and implicitly at the national level. Therefore, we shall perform an analysis of the following objectives: the concept of conflict solving through alternative methods to the state justice, reasonable solution of the conflicts with the possibility of preserving the relations between the partners, the application of the privacy principle. Mediation in the banking area aims at solving the conflicts between the credit institutions, banks or the non-banking institutions and their customers by a person with a special training in the mediation area, independent from the two parties, through a more simplified procedure, so that the relation between the credit unit and its customer should remain a partnership. The paper may contribute to the development of the legislation on the more rapid resolution of this type of litigations; it is useful for the law practitioners: judges, lawyers, counsels, teaching staff and also for the business people in the banking area