Private disputes may be subject to mediation following the agreement of the parties, provided the parties have the authority to settle.
A document or, in some cases, a court record serves as proof that a mediation is about to take place.
Parties involved in a dispute or the legal representative when legal persons are involved, together with their lawyers attend the mediation sessions.
The mediator is appointed by the parties or by a third party of their choice.
The process and structure of the mediation is defined by the mediator in consultation with the parties, who can terminate the process freely, any time they wish. The process of mediation is confidential and no official records are kept.
The mediator may communicate with the parties separately and meet privately with each one of them. Information that the mediator draws in these private discussions cannot be disclosed to the other party without their prior consent.
The mediator is not obliged to accept his/her appointment and he/she is accountable during mediation only for fraud.
It is a voluntary, flexible, confidential and interest based process. The parties seek to reach an amicable settlement of their dispute with the assistance of the mediator who acts as a neutral third party.
The mediator will in principle and in most cases refrain from making a proposal regarding the solution of the case. The ultimate decision to reach a settlement remains with the parties and is formulated not only on the basis of the parties’ legal positions, but also their commercial, financial and / or personal interests.