The legal disputes that usually last for years and therefore the overburdening of the courts with any malfunctions that it entails, inevitably lead to the search for new ways of alternative dispute resolution.
In December 2010, the institution of mediation is introduced in our country and from January 2018, new provisions for the regulation of the institution apply.
Mediation is an out-of-court dispute resolution process. This procedure may be initiated by the parties to the dispute themselves, proposed or ordered by a court or provided for by the law of the Member State.
The mediator helps the parties reach an agreement, but does not formally express an opinion in favor of one or another possible solution to the dispute.
During mediation, the parties are invited to open or resume a dialogue and avoid confrontation. Resolution of the dispute depends on the parties reaching agreement; if the parties fail to reach agreement, the mediator does not impose a solution.
Mediation is considered faster and, most often, cheaper than ordinary court proceedings. It avoids the confrontation between the parties which is inherent in judicial proceedings and allows the parties to maintain their professional or personal relationship beyond the dispute. Mediation also enables the parties to find creative solutions to their dispute which they could not obtain in court.
Mediation and Trusted Mediators are governed by the principles of Independence and Impartiality.
Cases where they may affect or raise suspicions that they are affecting the Ombudsman’s impartiality should be reported by the Ombudsman to the parties prior to taking office or continuing to exercise them. The obligation to disclose such circumstances applies throughout the mediation process.
In the context of mediation, the mediator must act consistently and impartially towards the parties and ensuring that they are served equally.