What are the rules for a mediation process? How does it work?

Parties are free to agree on mediation.Also the courts at a certain stage during litigation shall encourage them to revert to mediation.Upon appointment, the mediator shall as soon as possible invite the parties to a first meeting. Mediators shall keep records of steps such as meetings with the parties, start of the process, and other acts with respect to the process and the finalization of the mediation. Parties are free to determine the rules of the mediation procedure subject to any mandatory rules of law. If no procedure has been determined, the mediator shall use his discretion taking into consideration the nature of the dispute, demands of the parties and necessary procedures and principles for a quick resolution of the dispute. At the end of the mediation process, a protocol shall be prepared on the outcome of the process. Parties shall agree on any further content of this protocol if any.

 

Who does control the process/protocol?

The mediator shall report this protocol to the General Directorate of Legal Affairs of the Ministry of Justice. 2.2. What will be happen if a party doesn’t reply for an invitation? If a party does not receive an acceptance to the invitation to mediate within thirty days, the invitation shall be deemed to have been rejected unless otherwise concluded.

 

Can I decide to go to mediation during an existing court case?

It´s possible to go to mediation during an existing court case. If during litigation parties declare their intention to go to mediation, the litigation process shall be delayed up to three months. This period can be extended for a further three months in case of joint request by the parties.