Problem: - Resistance of Lawyers to ADR and Mediation; - Non effective work with lawyers through “direct” contacts; - Difficult approach to Bar associations.
Implemented by the Professional Association of the Mediators in Bulgaria.
Mediation is a voluntary and confidential procedure for alternative dispute resolution. Within the process a third neutral person – mediator assists the disputing parties to reach a settlement.
Any dispute could be brought for settlement through mediation before and during a pending litigation.
Voluntariness/Willingness The parties shall participate on their own motion in the procedure and may withdraw at any time.
Bulgaria, Belgium, Greece, France, Austira...
Steps for On-line Mediation.
Mediation is appropriate when the parties need a decision and are willing to
Voluntary recourse, ability to take decisions (autonomy)
-Participation of a party in mediation is not forced (by threats or in any other way) by the other party or any third party;
General rule: Where parties are not ready to search for a solution, where they do not see the necessity to search for a solution or where at least one of the parties insist to resolve their conflict by asserting the position solely. The cases listed below could be seen as unsuitable only upon certain conditions and it has to be taken into account that in many of these cases the alleged obstacle may be surmounted in the course of mediation.
Information for mediators or mediation providers is available online, and often can be found in the chambers of commerce, embassies, or associations of mediators in the respective country. Usually this type of information is available on the Internet.
Useful criteria for choosing a mediator would be: