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NEWSLETTER 2013
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except mediator, attorney or any academic title in their sign boards and
printed papers.
In the event the mediation is terminated, the mediator is obliged
to preserve the notification served to them, documents entrusted and
possessed and the written report prepared regarding the final outcome of
the mediation for five years.
The mediator shall be entitled to claim a fee as well as expenses in
consideration of his work.
Mediation Activities
The parties can decide to resort to mediation prior to or during the
litigation process. The court can also enlighten and encourage the parties
to do so. A party may request to apply to the mediator. If a party does not
receive an acceptance of the invitation to mediate within thirty days from
the day on which the invitation was sent, the invitation shall be deemed
to be rejected unless otherwise stated.
Unless otherwise determined, the parties shall appoint the mediator
or mediators jointly. Following the appointment, the mediator shall invite
the parties to a meeting as soon as possible. Parties can freely determine
the mediation procedure provided that it does not conflict with the
mandatory legal rules. If no procedure is agreed upon by the parties, the
mediator shall use his discretion to determine the procedure by taking
into consideration the nature of the conflict, the claims of the parties and
the necessary procedures and principles in order for the conflict to be
resolved as quickly as possible.
The mediator may not perform actions that exclusively fall within the
authority of a judge, such as viewing, consulting an expert and hearing
witnesses, whose nature requires the exercise of a jurisprudential power.
Likewise, the mediator may not provide legal advice to the parties during
the process; develop and impose upon parties a proposal for a solution or
a range of solutions, or pressure the parties to reach an agreement on a
solution developed during the negotiations. However, should the mediator
transmit a proposal to resolve the dispute introduced by one party to the
other party and receive the other party’s opinion thereon; this shall not be
construed in the above context.