- Mediation represents an alternative way of solving conflicts. The parties can go through mediation both before, and after starting a trial in court, both on their own initiative and at the suggestion of the courts.
- The mediation process is led by a mediator, a specialised, neutral and unbiased person who assists the parties throughout the dispute and facilitates communication between them during negotiations, in order for the parties to find their own solutions.
- If the conflict is the subject of a case before the court, the resolution of conflict through mediation can result, at the request of the interested party, in a court order for reimbursement of stamp duty paid for triggering legal action.
Mediation can be used to solve the following conflicts:
- civil law: claims, partition, claims, etc.
- family law: divorce, child custody, maintenance obligations, etc.
- criminal law: prior complaints
- labor disputes: royalties etc.
- commercial litigation: and any dispute that may be subject to mediation in accordance with Law 192/2006 and the ECHR
The advantages of mediaton are:
Mediation is fast
The time required to resolve a conflict through mediation is much shorter than that of a settlement in court.
Mediation is an informal procedure
Mediation doesn't go through a strict procedure, as opposed to court trials.
Reimbursement of stamp duty
Parties may use the mediation procedure both before and after triggering a conflict in court, both on their own initiative, and at the recommendation of the court. In case of conflict settlement through mediation, the court shall order, at the request of the interested party, reimbursement of stamp duty paid for triggering legal action. Thus, mediation is less expensive than a trial in court.
Mediation is confidential
Mediation sessions are not public and nothing of what is discussed during mediation can be revealed.
- Any fees will be set depending on conflict complexity, the number of subjects, required time and workload, the advantages offered by obtaining results, etc.
- In case no prior agreement states otherwise, the fees will be equally supported by the involved parties.