The mediator will:
- Keep the minutes of a conciliation procedure.
- Help to restore the dialogue for parties in relationships closed due to a conflict.
- Help to analyse the situation from different points of view.
- Prepare a legal agreement on the basis of the minutes.
- At the request of the parties, help to recognize the legal agreement as an enforceable document.
As the conciliation procedure begins, the mediator becomes obliged to keep confidentiality in regards to the information received in the course of the mediation and shall not represent the parties of the procedure in any other procedure.
There are two types of conciliation:
- The mediator helps the parties of the dispute to reach a compromise suitable for each party. The role of the mediator in this case is limited to persuading the parties to accept a compromise solution (to direct the procedure in the right course).
- Mediator’s decision. The mediator evaluates the circumstances and arguments of the parties and offers a solution to the dispute. The decision is not binding if the parties do not agree to it or no compromise agreement achieved.
Legal agreement and enforcement document
The mediator prepares a legal agreement to be signed by the parties to a conflict.
A court of law or notary public may declare this agreement as an enforcement document, at the request of and subject to the parties’ agreement.
- A court of law declares the agreement of the parties, reached with the help of a mediator, as an enforcement document in a proceeding on petition, initiated by submitting such petition.
A legal agreement should, as a general rule, contain a monetary claim. The court may declare a non-monetary claim as enforceable only if the parties may reach a compromise about the claim.
- A notary public certifies the legal agreement, reached with the help of a mediator, with the obligation of the liable party to be subject to immediate compulsory enforcement.
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