Mediation

Mediation is regulated by the Law on Mediation. A mediator is a person trained to conduct a mediation process aimed at helping opposing parties reach a mutually acceptable resolution to their relationship or problem, but without the authority to impose a binding decision.

All disputes involving rights that parties can freely dispose of may be subject to mediation. The mediator is a person of mutual trust of the parties and is therefore neutral — they do not advocate for or represent the interests of any party participating in the mediation process, unlike an attorney who represents and protects the interests of their client before the court, opposing party, or in mediation.

The mediator's task is to conduct the mediation process in a way that helps the parties and their attorneys achieve the best possible solution to their legal problem — a solution tailored to the parties, because they are the masters of their own problem.

In the mediation process, attorneys may participate alongside the parties as legal support. The process is entirely voluntary, and at any time, any party may withdraw. It is generally faster than court proceedings and less formal.

The mediator is responsible for maintaining a level of communication in which the interlocutor and their dignity are respected, regardless of disagreements — the person is not attacked or insulted, but rather the problem and possible solutions are discussed.

Mediation is conducted at a joint meeting, one or more, and individual meetings with each party in the mediation process are held as needed. The process is confidential; the mediator is strictly bound by this rule, unless a party explicitly authorizes them to convey certain statements to the other party.

The costs of the process are generally lower than the costs of court proceedings, which is agreed upon in advance, and are typically divided equally between the parties.