- What is Mediation
- Advantages of Mediation
- What cases is Mediation appropriate for
- Role of the media
- Mediation procedure
- Training of mediators
MEDIATION is an approach everyone can make use of to protect
own interests actually
efficiently - favorably - convincing
The Center for Mediation to FPM is the first center in Ruse providing mediation services, in which mediation procedures have been organized and conducted since 2006. It is a part of the structure and organization of “Personality and Motivation- 2006"Foundation, having the following main objectives and activities:
- approval of mediation as means of facilitating the access to justice, protection of human rights and establishing a new culture in dispute-resolving, in which the parties will reach mutually acceptable solution by their own will;
- extrajudicial settlement of disputes by organizing and conducting mediation procedures in accordance with the Law on Mediation and Regulation No 2/March, 2007;
- training in mediation and continuing specialized training for mediators.
There are specialists in law, psychology, social activities, etc. working in the Centre for Mediation. Mediators are trained, certified and registered in the General Register of Mediators to the Ministry of Justice in March 2006. In their activities trey are guided by the requirements of the regulations in the field of mediation.
What is Mediation?
Mediation is a confidential procedure aimed at resolving disputes outside the court, in which a neutral third party-mediator assists the disputing parties themselves, by their willingness, to reach a mutually acceptable solution. This means of dispute resolution allows the parties to defend their interests efficiently and to keep their relations.
Mediation is a process of conflict management and allocation of responsibilities between the parties concerned.
Mediation was introduced in Europe in the late 80’s of the last century.
Nowadays more and more individuals and companies seek alternative ways of resolving their disputes because of the slow proceedings, high court and attorney’s fees, benefits foregone and lost time.
A faster procedure is used to settle disputes and the cost of service is lower in the Center for Mediation. Through Mediation, cases of great material interest can be solved.
MEDIATION saves time and money both in business and life!
Advantages of Mediation
Many conflicts result from misunderstanding, lack of trust and opposing positions. Proceeding may result in even deeper conflicts between the parties because under the judicial decision one of the parties wins and the other loses. All this leads to worsening and even breaking of relations.
Mediation procedure is suitable for resolving any dispute as:
- it is a way to improve relationships;
- it respects the rights of those participating the mediation process to determine by themselves their own priorities;
- it does not replace the court but extends the range of opportunities for human rights protection;
- it allows the parties to supervise the dispute;
- it solves the conflict efficiently, promptly and economically favorable.
- it ensures confidentiality and atmosphere of trust.
Mediation is applicable to any of the stages in a dispute; it facilitates the work of judicial administration. Successful mediation curtails the time of proceedings in court. Mediation is a new opportunity to serve better the needs and interests of the participants in the dispute, as its fundamental principle is the principle of I win- You win.
Now only you can apply the I win – You win approach in the dispute ...
The I win – You win approach ensures finding a solution of mutual benefit!
What cases is Mediation appropriate for?
The Center for Mediation mediates in disputes settlement in various social spheres:
- Commercial disputes – disputes between partners, dealers, in transactions;
- Disputes related to real estates – in sales, in cases of joint ownership, in rent relations;
- Contractual disputes – contracts for sale, supply, lease, loan, production, different types of services;
- Disputes in the field construction industry;
- Family disputes – settlements of relations in case of divorce, separation of couples or extension of marriage, relations between parents and their children in variety of life situations, property relations between spouses or partners and other cases;
- Disputes between heirs – allocation of property inheritance:
- Consumer disputes;
- Intellectual property disputes – infringement of copyrights, trademarks, designs, Geographical indications and others.
- Pending legal and arbitration cases;
- Ecological disputes;
- Mediation in criminal cases;
- Mediation in schools.
Transform opposition into cooperation by. . . using Mediation.
Role of the mediator
The mediator introduces the mediation procedure and the rules of mediation process. He hears the parties without taking side, helps to clarify reasons for the conflict and facilitates communication between them. He encourages participants in the dispute to find their own best interest.
Mediators at the Center for Mediation support the parties in proposing and exploring any options available for a solution to be found and the conflict- resolved.
Mediation procedure is initiated upon request by one of the parties or joint application of the parties. Mediation sessions are held at the Center for Mediation but if necessary and provided that both parties have agreed upon- at another neutral location. During the mediation process the parties may agree on all or some of the issues, subject to dispute.
The form of the mediation settlement could be oral, written or written with notary certification of the signatures of the parties according to article 16 of the Mediation Act. According to article 418 and 417, paragraph 3 of the Civil Procedure Code the applicant may obtain an order of immediate execution when the mediation settlement is with notary certification and containing obligations to pay cash or other fungible items as well as obligations to submit certain items. The Court can approve the written mediation settlement after it is confirmed by the parties and does not violate the law and contradict morality. The approval of the settlement can be done during pending legal proceedings and, since the amendments from 2011, with separate proceedings, according to article 18 of the Mediation Act.
To initiate a MEDIATION procedure, contact the Center for Mediation and we will send an APPLICATION FORM.
The mediation procedure is carried out by practicing mediators:
Eli Noeva- registered in the General Register of Mediators under No 20060307006. Qualification: High Technical- Engineering, Bachelor in General Psychology, Master’s degree in Social Psychology.
Antonina Dimitrova- registered in the General Register of Mediators under No 20060307005. Education: Law, qualifications -“lawyer”.
Training of mediators
By Order No LC-04-1638/Dec 16, 2009 of the Minister of Justice of the Republic of Bulgaria, under article 8, paragraph 4 of the Law on Mediation in conjunction with Article 2, paragraph 4 and Article 6 of Regulation No 2/March 15, 2007, Foundation “Personality and Motivation- 2006", Ruse has been licensed as an organization providing training to mediators.
The Center for Mediation to Foundation organizes and conducts:
- Training of mediators in two modules – of 4 days each, total of 80 academic hours. Training program in mediation has been made in accordance with Annex No 2 of Article 8 of Regulation No 2/March 15, 2007. At the end of training the mediator takes an examination and is issued a certificate of competency and subject to registry in the General Register of Mediators.
- Continued specialized training of mediators in different types of disputes in a module lasting 4 days, of 30 academic hours in total. At the end of training the mediator takes an examination and is issued a certificate according to Regulation No 2/March 15, 2007.
- Establishment and management of the Center for Mediation and administering the mediation procedure training, lasting 3 days, 20 academic hours. Certificate for training is issued.
- Groups to share experience and best practices in the form of two-day seminars, 15 academic hours. Participants shall be issued certificates for self-cognition.
- Training-seminar on the topic: „Psychology of conflict and conflicting interaction in the mediation process," lasting 3 days, 20 academic hours. Participants shall be issued certificates.
- Supervision of professionals and practical cases-30 academic hours.
Training participation fees shall be paid by bank transfer.