MEDIATION

For some disputes, yes. Applying to a mediator is a precondition to litigation for employee–employer claims and reinstatement, commercial monetary claims and damages, cases heard by consumer courts, and lease, condominium, neighbour and partition disputes. A lawsuit filed before this stage is completed is dismissed on procedural grounds.

In mandatory mediation the law sets a maximum duration. In disputes such as employment, consumer and lease matters, the process is completed within three weeks and may be extended by one week where necessary. In commercial disputes the period is six weeks and may be extended by two weeks.

Unless the parties agree otherwise, the fee is shared equally and is set according to the tariff published annually by the Ministry of Justice. In mandatory mediation, if no settlement is reached, the fee for the first two hours is paid from the state budget and added to the court costs in any subsequent lawsuit.

A party who fails to attend the first meeting without a valid excuse is held liable for all court costs in any subsequent lawsuit, even if they partly or wholly win the case. In addition, no attorney’s fees are awarded in their favour.

Yes. A settlement agreement signed jointly by the parties, their lawyers and the mediator has the force of a court judgment; if it is not complied with, it can be enforced without a new lawsuit. For agreements without lawyers’ signatures, an enforceability annotation can be obtained from the court.

No. Mediation is confidential; settlement offers and statements of acceptance made by the parties cannot be used as evidence in any subsequent lawsuit.