ORDINANCE № 2 OF 15.03.2007
ORDINANCE № 2
ON THE TERMS AND CONDITIONS FOR THE APPROVAL OF THE ORGANIZATIONS WHICH DELIVER TRAINING TO MEDIATORS. FOR THE TRAINING REQUIREMENTS FOR MEDIATORS IN ORDER OF ENTRY, WRITING OFF AND DELETION OF MEDIATORS FROM THE UNIFORM REGISTER OF MEDIATORS
In force from 27.04.2007
Issued by the Ministry of Justice
Prom. SG. No 26 on 27 March 2007. amend. SG. No 29 on 8 April 2011.
Art. 1. This ordinance governing
1. Terms and conditions for the approval of the organizations that train mediators;
2. Training requirements for the mediators;
3. Order of entry, writing off and deletion of the mediators from the Unified Register of Mediators;
4. Procedural and ethical rules of the mediator conduct.
TERMS AND CONDITIONS FOR APPROVAL OF THE ORGANISATIONS TRAINING MEDIATORS.TRAINING REQUIREMENTS FOR THE MEDIATORS
Art. 2. Training of mediators may make the organizations approved by the Minister of Justice, who have the necessary specialists, skilled in the mediation.
Art. 3. (1) The organization – candidate must submit an application to the Minister of Justice in the registry of the Ministry in the form set out in Annex № 1.
(2) The application shall include:
1. The name of the organization and the representative data thereof;
2. The details of the act under which it was established;
3. The mailing address, phone / fax, email.
(3) The application shall be accompanied by:
1. Standing certificate in original or certified copy of the act, which was created when not subject to registration;
2. Curriculum and curriculum for training of mediators in accordance with the requirements of this Ordinance;
3. A list of the experts and the documents certifying the education and qualification;
4. A document for paid state fee.
Art. 4. Minister of Justice within 30 days of submission of the application shall issue an order approving the organization.
Art. 5. When there is an irregularity of documents the organization is notified by letter with an acknowledgment of the receipt. When the irregularity is not rectified within 14 days of the receipt of the notification, the application not being considered.
Art. 6. The name of the organization, the contact with her and the order number, which approved, shall be published on the website of the Ministry of Justice.
Art. 7. When the organization ceased the operations for training to mediators, it shall notify the Minister of Justice within 30 days. The information is published on the website of the Ministry of Justice.
Art. 8. The training of mediators is held within a minimum of 60 hours of the theoretical and practical training. The practical part is at least half of the classes.
Art. 9. The theoretical and practical training is carried out in compliance with the minimum requirements set out in Annex № 2.
Art. 10. The training of the mediators is culminating in an examination which is conducted by a committee of the training organization and includes a test for checking the knowledge, participate in a simulated mediation and discussion.
Art. 11. To the persons who have passed the exam shall issue a certificate for the completed mediation training under the Annex № 3.
Art. 11a. (New – SG . 29 of 2011 ) (1) The mediators may periodically to improve their knowledge by passing additional theoretical and practical training in a specialized mediation within 30 hours subject to the minimum requirements set out in Appendix № 2a. .
(2) The further training of mediators is culminating in an examination which is conducted by a committee of organizations set out in Art. 2, including a test to check the acquired knowledge in a simulated mediation.
(3) To the persons who have passed the exam shall issue a certificate for completed additional training in compliance under the Annex № 3a.
Art. 12. (1) The Minister of Justice may investigate the organizations in compliance with the Art. 2 by persons authorized by him to meet the requirements for training of mediators.
(2) For the violations of the requirements for training of mediators the Minister of Justice shall issue an order giving instructions and the deadline for their removal.
(3) If the organization fails to comply within the given instructions, the Minister of Justice may cancel the order for its approval. The information about the cancellation of the order shall be published on the website of the Ministry of Justice.
PROCEDURE FOR REGISTRATION IN UNIFORM REGISTER OF MEDIATORS
Art. 13. (1) The Minister of Justice creates and maintains the Uniform Register of Mediators
(2) The following is entered in the Uniform Register of Mediators:
1. The name, personal identification number (personal number of a foreign national), citizenship, education, profession, additional specialization in the field of mediation, the organization which has trained the mediator, foreign language skills, address and telephone for contacts and the number of the mediator;
2. The deletion and exits of the mediator;
3. The changes in circumstances under Art. 8, Para. 1, item 1, 3 and 4 of the mediation.
(3) The register is public and kept on paper and electronically. The information contained therein shall be published on the website of the Ministry of Justice and contains data under Art. 8a of the Mediation Act without the personal identification number and the personal number of a foreigner .
Art. 14. The person applying for a mediator in the URM filed on paper and electronically an application in a standard form according Annex № 4.
Art. 15. The application shall be accompanied by:
1. A photocopy of the identity card;
2. A certificate in the form set out in Annex № 3 for the successfully completed a training course for a mediator in an approved by the Minister of Justice organization;
3. A certificate of conviction;
4. A declaration that the person is not under guardianship, is not deprived of the right to exercise a profession or activity and exercise functions of justice in the judicial system ;
5. A document for paid state fee.
Art. 16. (1) Where the requirements of the Act are met, the Minister of Justice within 30 days of the submission of the application shall issue a certificate to the mediator for entry into the URM.
(2) The certificate must include the full name of the mediator, certificate number and date, number under which the mediator is entered in the register.
(3) The unique number of the mediator in the UPM is formed by the record date and the serial number of the entry for the day.
Art. 17. When there is an irregularity of candidates for the mediator he/she shall be notified by letter with acknowledgment of the receipt. If the irregularity is not rectified within 14 days of the receipt of the notification, the application not being considered.
Art. 18. (1) Where an applicant for a mediator does not meet the statutory requirements, the Minister of Justice by an order refused entry into the URM. A copy of the order shall be sent to the candidate mediator with a letter with acknowledgment of the receipt. The order may be appealed before the Supreme Administrative Court under the Administrative Code.
(2) In upholding the appeal by the Supreme Administrative Court the Minister of Justice shall issue a certificate to the mediator for the entry into the URM.
Art. 19. Unsubscribe from UPM is based on an application submitted by the mediator in the UPM in paper and electronic form in a standard form according Annex № 5.
Art. 20. When it violates the prohibition under Art. 4 or some of the requirements of Art. 8, Para. 1, items 1, 3 and 4 of the Mediation Act, the Minister of Justice deletes the mediator from the UPM . A copy of the order for deletion is sent to the mediator by a letter with acknowledgment of the receipt. The order may be appealed before the Supreme Administrative Court under the Administrative Code.
PROCEDURAL AND ETHICAL RULES OF CONDUCT FOR THE MEDIATORS
Art. 21. (1) To initiate a mediation procedure tendered on one or both parties to the dispute to the mediator, which include:
1. The names of the parties;
2. The address, telephone and fax;
3. A brief description of the dispute.
(2) If the mediators are affiliated within the meaning of Art. 4, it. 2 of the Mediation Act, the proposal shall be submitted to the Association.
Art. 22. (1) The mediation occurs within one or more meetings.
(2) The meetings are scheduled in consultation with each of the parties at a convenient time.
Art. 23. The mediator shall inform the parties of the nature of mediation and its effects at the beginning of the first meeting.
Art. 24. The mediator shall require the parties to agree in writing or oral consent to participate after being satisfied that they understand the nature and consequences of the mediation.
Art. 25. The mediator creates a favorable environment for the free communication of the parties to the dispute with a view to improve relations and to reach an agreement.
Art. 26. The mediator provides the conditional agreement between the parties to achieve a mutual agreement and understanding of the arrangements there.
Art. 27. The mediator cannot give legal advice, but merely assists the parties to reach a mutually acceptable agreement.
Art. 28. The mediator respects the views of all parties to the dispute and demand respect from them.
Art. 29. The mediator may terminate the mediation if his own appreciation and ethics suggests that the mediation does not take place in a lawful and ethical manner.
Art. 30. The mediator takes the parties to the dispute, provided that it can maintain its impartiality. During the procedure, it should not show prejudice or bias based on the personal characteristics of the parties, their past or their presentation in the mediation.
Art. 31. In his presentation to the parties, the mediator reveals the circumstances that may lead to conflict of interest.
Art. 32. The mediator shall keep in secret the circumstances, facts and documents which have become known in the course of the mediation.
Art. 33. Upon leaving the service the mediator is not relieved of its obligation to secrecy related to his work as a mediator.
Art. 34. (1) The mediator starts the mediation process after the parties agree to the conditions for the payment of his labor.
(2) The mediator cannot determine the conditional amount of remuneration or tie it to the outcome of the resolution of the dispute.
Art. 35. The mediator publicizes his/her activities in a manner and by means which give a true idea of the mediation.
TRANSITIONAL AND FINAL PROVISIONS
§ 1. The issued certificates of registration of mediators in UPM until the enactment of this Ordinance become indefinite.
§ 2. This Ordinance shall enter into force 30 days after its publication in the « State Gazette ».