The intermediation / mediation / is permitted in:
• Civil law (including family disputes)
• Commercial law
• Labor law
• There is also a mediation in criminal matters in the field of restorative justice.
In Bulgaria these areas are not regulated or restricted by law Most often is resorting to mediation in the Civil law, particularly in family matters.
The use of mediation is a voluntary choice by the parties and shall not be penalized in the event of failure.
According to the latest EU regulations in the field of family law, the judge must inform the parties of the existence and the possibilities offered by the mediation, then according to the European Directive 2008/52 / EC should be possible to request the enforcement of the written agreement resulting from a mediation. The State sets in which courts or other authorities may submit such requests.
Under Articles 1733 and 1736 of the Judicial Code it is possible an agreement reached as a result of mediation, be recognized by a judge with which to this agreement is attached reality and enforceable. As to the legal form, in this case the agreement is shaped in the form of a judgment.
There is also an alternative to formal recognition. It is possible that the agreement resulting from mediation be affixed in a notarized form before a notary. Thus the agreement becomes effective and enforceable without the intervention of a judge. This is feasible only with the consent of all parties.
Until recently, there was the possibility of an abuse of this alternative method. During the mediation procedures the limitation period runs and the parties cannot subsequently settle their dispute through the courts in the event that extra judicial means prove unsuccessful. With the transposition of Directive 2008/52 / EC of the European Parliament and of the Council on 21 May 2008, this problem is solved as was created 11a of the Law on mediation. So limitation period no longer run for the duration of the mediation.
In Bulgaria there is no specific code of conduct for mediators. However, provisions on ethical standards are included in the Mediation Act and Ordinance № 2 on 15 March 2007, which sets out the terms and conditions for the approval of organizations that train mediators / cf. Legal Framework /.
The mediation is not free, the payment shall be determined by agreement between the mediator and the involved parties.
Only a few years ago the mediation was one innovation. The very idea of engaging the parties in exploring the interests and finding solutions, overcoming the often adversarial proceedings has been a huge step change in the process of seeking justice.
Despite the risks the cases of mediation increase, the parties remain satisfied and the statistics show that, regardless of whether an agreement is reached or not, in over 80% of the cases, the parties would still be using the services of a mediator.
The materials translated above are purely with a informational character. In case of differences in the meaning of the text, it is only the Bulgarian text shall prevail.