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LAW OF CIVIL PROCEDURE
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– The invitation to mediate sent out by any party or the statement of
willingness to mediate sent by any party;
– The opinions and proposals submitted by the parties to settle the
conflict through mediation;
– The acceptance of any proposal, fact or assertion submitted by any
party during the mediation process or;
– Documents prepared solely for mediation.
No court, arbitrator or administrative authority may request the
disclosure of these documents and declarations. Even if these documents
and declarations are cited as evidence, no judgment may be based
thereupon. However, said information may be disclosed to the extent
required for the implementation and enforcement of the mediation
agreement or if there is an imperative provision of law requiring so.
Rights and Duties of Mediators
The Law holds that the mediator must fulfill their duty in person,
impartially and meticulously. A mediator must treat the parties equally
and may not act or behave in a way to cause any skepticism over his
impartiality. The mediator shall inform the parties of important aspects
and conditions of the case that will hinder his ability to remain impartial.
Despite this information, the mediator can continue to act as mediator if
both parties agree as such.
At the outset of the mediation, the mediator is obliged to explain the
principles and procedures of the mediation and its legal consequences to
the parties, personally and directly. The mediator must also inform the
parties regarding qualifications and outcomes of the “Agreement”, which
shall be prepared if the parties come to an agreement at the end of the
mediation and which has the power of a verdict upon annotation by the
court.
The mediator may negotiate and communicate with each party
separately or together. The parties may attend these negotiations in person
or by their proxies.
Pursuant to the Law, mediators are prohibited from marketing or
advertising their services. They are also prohibited from using any title