Mediation in EU countries

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Rather than going to court, why not resolve disputes through mediation? This is a form of alternative dispute resolution (ADR), whereby a mediator helps the parties to the dispute to reach agreement. The advantage of using mediation is the time saved by using this form of dispute resolution (compared to a lengthy court case) and, frequently, a financial saving (compared to the costs of a court case).

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Whom to contact?

The central body for mediation mediation as a way of dealing with the consequences of the crime between the offender and the victim in the context of criminal proceedings is the Probation and Mediation Service of the Czech Republic. The Ministry of Justice of the Czech Republic is responsible for carrying out the activities of this service.

For mediation in civil law matters, you can contact one of the mediators offering that service. Contacts for mediators working in the Czech Republic may be found on various websites by entering the search term ‘mediation’.

The list of mediators can be found, for example, on the websites of the Association of Mediators of the Czech Republic, the Czech Bar Association and the Union for Arbitration and Mediation Proceedings of the Czech Republic. Contacts for the Probation and Mediation Service of the Czech Republic, acting within the remit of the relevant district courts, may be found on the Service’s website.

The list of mediators registered under Act No 202/2012 on mediation, maintained by the Ministry of Justice of the Czech Republic, is available at:http://mediatori.justice.cz/MediatorPublic/Public/FR003_ZverejneniVybranychUdaju.aspx.http://mediatori.justice.cz/MediatorPublic/Public/FR003_ZverejneniVybranychUdaju.aspx

A number of other non-governmental organisations (NGOs) and entities work in the area of mediation.

In which areas is recourse to mediation admissible and/or the most common?

Mediation is admissible in every area of law, except where it is excluded by legislation. This includes family law, commercial law and criminal law. Under the Code of Civil Procedure, the presiding judge may, where appropriate and appropriate, order the parties to meet the mediator for an initial period of 3 hours. In such cases, it may stay proceedings for up to 3 months.

Are there specific rules to follow?

Yes, mediation is governed by Act No 202/2012 on mediation and, in the field of criminal proceedings, by Act No 257/2000 on the Probation and Mediation Service of the Czech Republic.

Information and training

Registered mediators operating under Act No 202/2012 on mediation must successfully pass a professional examination before a committee appointed by the Ministry of Justice of the Czech Republic. A mediator working under the Probation and Mediation Service of the Czech Republic pursuant to Act No 257/2000 Coll., the Probation and Mediation Service of the Czech Republic must pass a qualification examination.

The training of mediators acting within the criminal justice system is ensured by the Probation and Mediation Service; training in the area of non-criminal mediation is offered by a range of bodies and educational institutions.

What is the cost of mediation?

Mediation provided by the Probation and Mediation Service is free of charge, or the costs are paid by the state.

If the court stays proceedings in a non-criminal case and orders the parties to hold a first meeting with the mediator, the first 3 hours of the mediation meeting shall be reimbursed at the rate laid down in the implementing legislation (CZK 400 for each hour started) and this fee shall be paid equally by the parties (if the parties are exempted from court fees, it is paid by the State). In the event of continuation of mediation beyond 3 hours, the costs of further mediation shall be borne equally by the participants, but at the level of the amount agreed between the mediator and the participants in the mediation, i.e. the parties to the dispute.

Can an agreement resulting from mediation be enforced?

Directive 2008/52/EC allows litigants to require that a written agreement resulting from mediation be made enforceable. An agreement between the parties to the mediation in a civil case may be submitted to the court for approval in the context of further proceedings. The results of mediation provided in the context of criminal proceedings by the Probation and Mediation Service may be taken into account by the public prosecutor and the court in their decision in a given case.

Last update: 17/11/2020

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