Mediation Law draft is prepared and changes to the Civil Procedure Law are expected
Mediation is structured process of voluntary cooperation where parties through the mediator try to find a constructive solution to the conflict. Using mediation the possible solutions to the conflict become wider, because mediation focuses on the parties’ true interests, which often lie behind the party’s position and requirements. Advantages of mediation are win-win solution, maintained relations (including business partnership), saved money and time which would be spent to the conflict’s resolution in courts.
The parties may agree to use mediation on any stage of the proceeding before the court has adopted the final decision.
- Court’s recommended mediation or court’s derived mediation – the judge is obliged to call upon the parties to use mediation to solve disputes;
- After the initiation of proceedings – the parties may express consent to use mediation;
- Preparing the case for the trial and during preparatory meetings;
- during the trial until the completion of proceedings on the merits.
Mediation Law contains the following basic principles: voluntariness, confidentiality, equality and cooperation between the parties, neutrality and impartiality of the mediator.
Mediation agreement has a mandatory written form. It includes the honorary of the mediator, the rules of confidentiality, the mediator’s and the parties’ rights and obligations, as well as other provisions at the request of the parties.
Mediation is conducted by a certified mediator. The parties may select one or more mediators.
In cases where the parties agree to mediation in the course of trial, the court shall be obliged to postpone the hearing. Mediation is the basis for the suspension of the limitation period.
Confirmation of the results of mediation is the mediator’s issued written document which in cases provided by law confirms the termination of mediation – with or without the agreement of the parties. If mediation is terminated without an agreement the parties may submit an application to the court. After the end of mediation parties have a right to resume the mediation of the same dispute.
It is expected that the introduction of mediation will stimulate a faster judicial review, as well as relieve the court’s work load.
Currently the draft law is considered by the Cabinet of Ministers and will be directed to the parliament. It is expected the law may take effect the next year. However, the mediation can be still in use beforehand.