What is Mediation?
Mediation is a forum in which an impartial person, the mediator, facilitates communication between parties to promote reconciliation, settlement, or understanding among them.
A mediator may not impose his own judgment on the issues for that of the parties.
Mediation is the familiar negotiation process with the addition of an impartial third party who at a definite time and place, with all parties present, attempts to assist the parties and attorneys in arriving at an agreeable settlement.
Mediation can occur at any stage of a dispute, that is, before a dispute enters litigation or after. In analyzing the differences between litigation and mediation, it is helpful to understand that mediation focuses on the "needs" of the parties, that is, those interests that, once recognized, can serve as an additional basis for resolution of the dispute.
LEGAL FRAMEWORK OF MEDIATION IN BULGARIA
Rules on the Terms and Procedure for Registration in the Unified Register of Mediators
Procedural and Ethical Rules on Conduct of Mediators
Mediator's Education Standards
RECOMMENDED MEDIATION CLAUSE
“All disputes, arising from this contract or related to it, including those arising from or concerning its interpretation, invalidity, performance or termination, as well as the disputes for filling gaps in this contract or its adaptation to newly established facts, shall be resolved through mediation conducted by a mediator at the Commercial Mediation Center at the American Chamber of Commerce in Bulgaria.”
Advantages of Mediation
Typically, a small fraction of the cost of litigation
Quick Resolution can be reached in less time than required for litigation
Allows parties to retain control
Separates the parties from the problem
Shifts the focus of the dispute from rights to interests
Avoids damage to important, ongoing relationships, which often results from the adversary process
Custom procedures and creative settlement options are available
Informal, voluntary exploration of settlement options is encouraged
Can be utilized at any time -- before, during, or after litigation
Scheduling is designed for the parties' convenience, not the court's
Avoids public disclosure of private matters - everything said or disclosed in mediation is confidential
Most mediated cases are successfully resolved to the mutual satisfaction of all parties