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In which area is recourse to mediation admissible and/or the most common?
The mediation mechanisms are described in Act No 420/2004 on mediation, amending several acts, as amended, which lays down:
- how mediation is carried out;
- the basic principles of mediation, and
- the organisation and effects of mediation.
This Act applies to disputes in relations under civil law, family law, commercial contract law and labour law.
Mediation is an out-of-court procedure in which the parties concerned use the assistance of a mediator to resolve a dispute arising from their contractual or other legal relationship. It is a procedure whereby two or more parties to a dispute settle it with the help of a mediator.
§ 170(2) of Act No 160/2015, the Code of Civil Dispute Procedure, as amended, states that: ‘Wherever possible and appropriate, the court shall attempt to settle the dispute amicably, or recommend to the parties to try to reach an amicable settlement through mediation’.
Information and training
How much does mediation cost?
Mediation is a paid service. The remuneration of the mediator is individual and is usually based on an hourly rate or a flat fee. Mediation is a business activity and there are no fixed costs.
Is it possible to enforce a mediated agreement ?
Directive 2008/52/EC allows the parties to a written agreement resulting from mediation to request that the content of the agreement be made enforceable. The Member States will communicate this to the courts and to other authorities competent to receive such requests.
Mediation is an informal, voluntary and confidential process for resolving disputes out of court with the help of a mediator. The aim of mediation is to reach an agreement that is acceptable to both parties.
The agreement resulting from the mediation procedure must be in written form. It applies primarily to the parties to the agreement and is binding on them. On the basis of that agreement the entitled party may apply for judicial enforcement of the decision or for attachment, provided that the agreement is:
- drawn up in the form of a notarial act;
- endorsed as a settlement by a court or arbitration body.
If no mediation agreement is reached, the matter can be pursued in court.
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