WHAT IS MEDIATION?
First of all, mediation is a method of out-of-court settlement of disputes between two or more parties. It is a voluntary procedure in which a neutral third party called a mediator helps disputing parties resolve their dispute and reach a mutually acceptable agreement.
It is defined as a method of alternative dispute resolution and is fundamentally different from litigation and arbitration. In mediation, all parties voluntarily participate in the procedure and themselves determine the content of the agreement reached. It is a much faster and cheaper procedure than court or arbitration proceedings.
The subject of mediation can be civil, commercial, labor, family, administrative disputes, including consumer disputes, as well as other disputes between individuals and/or legal entities. Cross-border disputes can also be resolved through mediation.
Basic principles of mediation are: Voluntariness – the parties participate in the procedure only of their own free will and are free to withdraw from it by terminating the mediation procedure at any time. Equality - each of the parties has equal opportunities to participate in the mediation procedure, as well as in the drafting of the agreement itself. Neutrality - the mediator should be completely neutral. It does not impose a decision on the dispute. Impartiality - the mediator must be completely impartial. He guarantees this to the parties by signing a Declaration of Impartiality BG / EN. In addition, there is provision for the removal of the mediator at his initiative or at the request of one of the parties at any time during the mediation. Confidentiality - Dispute discussions are confidential. The participants in the mediation procedure are obliged to keep confidential all circumstances, facts and documents that become known to them during the procedure. The mediator cannot be questioned as a witness about circumstances entrusted to him by the participants and relevant to the resolution of the dispute, except with the express consent of the participant who entrusted them to him. Moreover, he is obliged not to communicate circumstances entrusted to him by one of the parties to the dispute to the other participants, without the consent of the party who entrusted him with the information in question.