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Mediation

What is the definition of mediation in accordance with the relevant legislation?

Mediation is a specific procedure to resolve disputes by preventing litigation, where based on the mutual consent of the parties concerned, by involving an independent third party (mediator), a written agreement including the resolution of the dispute is concluded. The mediation activity is regulated by the Act LV of 2002.

 

Which criteria the mediator shall be met?

The mediator shall be impartial, conscientious and shall do his/her best to successfully resolve the dispute between the parties. His/her contribution at high level is indispensable.

 

Who can be a mediator?

The natural person, who

  • has awarded a degree, and has a minimum 5 years of professional experience verified,
  • has completed the required professional training of mediation,
  • has a clean record, and is not affected by loss of license relating to mediation activity,
  • is not affected by grounds for disqualification according to any other regulation

The legal entity, which

  • has the mediation activity included in its charter document,
  • has a member empowered to perform mediation activity, or employs a person whose mediation activity is not suspended

The natural persons and legal entities complying with the above conditions shall be enrolled in the register of mediators kept by the ministry responsible for legal issues.

A natural person may also perform mediation activity in addition to other activity.

In case of legal entity only the person who is enrolled in the register of mediators may perform mediation activity, and this person shall not be instructed in his/her mediation activity by the leader.

 

What is the register of mediators?

A database kept by the the ministry responsible for legal issues.

 

What data does the register of mediators contain?

The detailed content of the register of mediators is laid down in the relevant law, typically includes the personal details, professional area of the natural person,  the date of enrolment in the register, the data of the start, suspension and termination of the mediation activity, the number of the certificate, the name of the workplace, furthermore the data of the legal entity, the details of the employees involved in mediation activity, the date of enrolment, the reference number of enrolment.

 

Where can we have insight to the register of mediators?

The data of the register with the exception of personal details are public and are available on the internet (register of mediators).  Certain details are also published in the Official Notice.

 

Who cannot be enrolled in the register of mediators?

The natural person who is incapable, or is under guardianship limiting or excluding legal capacity or is a persistent offender.

 

How is enrolment in the register of mediators executed?

Enrolment is done on request, by completing and submitting a form to the minister. Mediation activity may only be performed from the date of enrolment in the register of mediators.

 

Can the mediation activity be suspended?

The natural person can suspend the mediation activity, and he/she shall notify the authority 22 working days prior to the suspension of the activity in order to indicate it in the register. Suspension is only possible when the mediator is not involved in current mediation activity.

 

When can anyone cancelled from the register of mediators?

Both the natural person and the legal entity can request the cancellation from the register of mediation.

Ex officio the natural person shall be cancelled from the register, if

  • the criteria of enrolment of register ceased after enrolment, or
  • it can be established that those criteria were not met at the enrolment,
  • he/she is unable to perform mediation activity continuously,
  • he/she does not meet the training obligations,
  • he/she has died.

Ex officio the legal entity shall be cancelled from the register, if

  • an authority or the court cancels it from the register,
  • it does not comply with the criteria of enrolment,
  • all the employees performing mediation suspend the activity,
  • the minister ordered the cancellation based on an investigation.

Cancellation of a natural person or a legal entity from the register can only be requested when the mediator is not involved in current mediation activity.

The natural person and the legal entity is obliged to terminate the procedure in progress and to settle accounts with the parties within 8 days. The minister withdraws the mediation certificate of in his decision on cancellation.

 

Who supervises the mediation activity?

The minister is entitled ex officio or on the notification of the stakeholders concerned (the parties, expert or a third person heard in the procedure) to supervise regularly or occasionally the activity of the natural person or the legal entity.

 

What are the steps of the mediation procedure?

  • request of the mediator
  • initiation of the procedure
  • performance of the mediation procedure
  • termination of the mediation procedure

 

How is the mediator requested?

The mediation procedure starts upon the common agreement of the parties by submitting a written application so that the parties can request more natural persons or legal entities simultaneously for mediation.

The request shall contain

  • the name and residence or seat of the parties,
  • the name of the natural person or the legal entity requested for mediation,
  • the name and address of the possible authorized representatives of the parties,
  • the subject of the dispute, and
  • the language used by the parties during the procedure

The parties shall declare that in order to resolve the dispute existing between them upon common agreement they want to initiate a mediation procedure. The mediator shall declare within 8 days whether he/she accepts the request. The mediator is obliged to reject the request in case of conflict of interests, while in case of incapacitation he/she may reject it.

 

When can conflict of interests occur?

The mediator may not act if

  • he/she represents one of the parties,
  • he/she is the relative of any of the parties,
  • he/she is in labour relation or any other legal relation aiming at work activity or membership,
  • he/she is partial or concerned.

The mediator is obliged to inform the parties if he/she represented any of the parties within 5 years prior to the request, or he/she was in labour relation or any other legal relation aiming at work activity or membership. If the parties, based on the information unless otherwise agreed, the mediator shall not act in such a case.

Unless the parties otherwise agreed, a person may not act as an arbitral, the representative of any of the parties or expert who has taken part as a mediator, the representative of any of the parties, or expert in a mediation procedure from which or in connection with it a dispute arose.

 

What is the remuneration of the mediator?

The mediation activity shall be remunerated and the mediator is entitled to receive reimbursement of the verified costs, furthermore for advanced payment of the costs and the fee.

The natural person or the legal entity and the parties may freely agree upon the amount of the fee to be paid.

 

How does the mediation procedure start?

When the mediator has accepted the request he/she will invite the parties to the first mediation meeting and inform them that they may enlist the service of a representative.

The parties, in case of legal entity the authorized representative shall be present in person at the first mediation meeting and when the agreement is concluded, as well as at the signing process. If any of the parties is not present at the first mediation meeting, the procedure will not start at all.

The mediator informs the parties at the first mediation meeting about

  • the principles of mediation, the phases of the mediation meeting,
  • the agreement process,
  • the costs of the procedure,
  • confidentiality statement of the mediator and the expert,
  • confidentiality statement of the parties,
  • the obligation that the mediator may only present the legislation and professional facts relevant to the case.

When the parties based on the information maintain their request of conducting the mediation procedure, they confirm it in a written statement. In this statement the parties agree upon the costs arising during the procedure, the way of payment, conditions of withdrawal and cancellation and any other issues they think important.

By signing the statement the procedure commences.

 

How is the mediation procedure going?

Equal treatment of the parties shall be ensured during the procedure. The parties can present their views and documents available in the procedure.  The parties can participate at the further meetings upon the agreement of the parties through their representatives. The mediation procedure later can be carried out in the presence of both parties, or in the form of separate meetings with each party. The mediator can communicate the information received from one of the parties to the other party, with the exception if he/she explicitly prohibited it.

 

May an expert take part in the mediation procedure?

Upon agreement of the parties the involvement of an expert is also possible. Anyone may act as an expert, if he has professional knowledge in the area concerned and the parties agree upon his/her participation. Principles of professional confidentiality and conflict of interests are also applicable.

The expert after accepting the request will present the expert appraisal in writing within 30 days. If the parties agree the deadline may be extended once. The expert may be present in the mediation meeting upon agreement of the parties.

The expert is entitled to fee and reimbursement of the costs.

 

When does the mediation procedure terminate?

The mediation procedure terminates

  • on the day when the agreement is signed,
  • on the day when one of the parties informs the mediator and the other party that he/she considers the mediation procedure terminated,
  • on the day when the parties state unanimously in the presence of the mediator that they request the termination of the procedure,
  • in lack of diverging agreement  4 months after signing the statement.

The mediator puts the agreement concluded in the presence of both parties in writing, and hands it over to the parties. The agreement is signed by the parties both being present and the mediator.

Apart from the concluded agreement the parties are entitled to go to court or arbitration court.

Unless otherwise regulated by law or agreed upon by the parties in the court proceedings or arbitration court proceedings the parties may not refer to the standpoint, proposal of the other party detailed in the mediation procedure or to the disclaimer of the other party.

The mediator shall settle account with the parties at the end of the procedure.

The documents of the mediation procedure shall be retained for 10 years after the termination of the procedure, and during this period copies of the documents can be issued on the request of the parties.

 
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