Mediation
Mediation is a type of non-court dispute resolution whose goal is to make both parties negotiate a settlement.
A mediator (or possibly multiple mediators), who assists both parties in reaching a mutual agreement , is in charge of the mediation process. Unlike a judge, for example, a mediator does not decide the result of a mediation process. Instead, the result is an agreement between the disputants.
Impartiality and confidentiality are basic obligations of a mediator. The whole process is therefore fully confidential and discreet.
Another advantage to mediation is the relative informality of everything it encompasses – the parties to the mediation can arrange with the mediator for a particular venue, duration, frequency and other properties of the mediation, so that the subject matter is discussed in a way that as favorable to them as possible. The parties to the mediation along with the mediator enter into a mediation contract, which governs the details regarding the mediation process.
Should they decide so, the parties to a mediation can terminate it at any point. For its whole duration, the mediation is fully voluntary.
Mediation has been used abroad for various types of disputes for quite some time now. Statistically speaking , it can be concluded that most disputes that undergo mediation end in the negotiation of an agreement.
This type of alternative dispute resolution is preferred for its effectiveness, speed, discreetness, and lower expenses in comparison to classic litigation.
In the CR, mediators have negotiated noncriminal matters in the past, but no law regulated the details of this kind of activity. By accepting Directive 2008/52/ES of May 21, 2008, issued by the European Parliament and Council, the Czech Republic became obligated to pass a law on mediation in civil proceedings. Such law was embodied in Act No. 202/2012 Coll.
This bill, effective since September 1, 2012, introduces regulations on mediation in noncriminal proceedings into the Czech law and dictates the terms of performing mediations. If a mediation is performed by a so-called registered mediator in accordance with this law, then another advantage to such mediation is that it tolls the statute of limitations for claims subject to such mediation for as long as the mediation continues.