Mediation

Mediation is the extrajudicial activity in which persons involved in the mediation are settling a suit with a support of a mediator, which arose from their contractual relationship or other legal relationship.

The basic premise of mediation is the will and the willingness of the parties to the suit among themselves, actively seek its resolution and settlement. So, with the assistance of an impartial intermediary, may avoid the proceedings before the court. The Slovak rule of law provides distinctively mediation relating to suits arising from civil, family, commercial and labour relations, and distinctively mediation in criminal matters on the basis of the approved Mediation Act No 420/2004 Coll.

So far, the only method of resolving the suit through judicial channels, made it possible to begin to resolve the suit by bringing an action and obtain their right through court decision.
This method takes longer time, is procedural challenging and at considerable financial cost associated with the preparation of the legal action (often in conjunction with an attorney) and with and the application of a recovering the right.

Also, the ambiance of the court and the courtroom and a strict formality of the judicial process are causing uncomfortable feelings and desolation to many people involved in the suit.
After the outbreak of conflict, the communication of both parties and the politeness are worsening, the parties are modifying the usual communication. Then attendant emotions are appearing from experiencing the situation and the conflict deepens with all of the harmful effects and repercussions.

The existence and the pressure of the loading situation, in which the person is located, may negatively affect also its health and in complex cases also change the basic living attitudes. The internal dealing with this situation is very difficult.

Only a timely solution of the conflict, without delay, it is an efficient way for its cessation and effective solution.

The mediation as a method of resolving a suit is, in comparison with court proceedings, more flexible and far more pleasant. The person involved in the suit, which initiates a suit resolution through mediation, does not have any of the obligations, which is prescribed by the formal judicial proceedings for the initiation suit settlement through the court.
The processing of the legal action, the procurement of evidence, the authentication of the documents, the payment of the court fee and all other acts those are associated with the qualified legal action all drop out.

The person involved to the suit after simple request of the mediator to resolve the suit and after an agreement on the time and place of the mediation session, may feel the reduction in tension from a conflict situation.

The mediator is able to resolve the suit in a very short time, and in more pleasant atmosphere of the mediation room, even outside of their mediation room in a suitable environment, if that is satisfactory for the parties and the mediator.

The current legislation in force provides the participant to the proceedings his suit heard before the court and it was resolved by mediation.

Significantly collateral to the will of the parties to mediate the suit is the provision of art. III the mediation Act No 420/2004 Coll., which supplements by section 11, paragraph 7 the Act No 71/1992 Coll. on court fees and the charge for an extract from the criminal record in valid wording.

The provision guarantees the repayment of the court fee to the participants in the amount of 90% of the court fee paid, if the parties terminate the proceedings by the approval of the court settlement until the beginning of the hearing.

If these circumstances occur after the opening of the hearing, it will be returned them 50% of the court fee paid.

In resolving a part of the suit in the conciliation proceedings, it will be returned them 30% of the court fee paid for the next proceedings of the court in this case.

For the persons involved in suit may be just such a financially motivating opportunities arising from legislation stimulating for their decision to resolve their legal case in mediation proceedings.

Performing the occupation of the mediator, according to section 4 paragraph 1 of the mediation law, is business and the mediator has the right to remuneration for the provision of his services. The price for the performance of the occupation of the mediator is laid down by an agreement, which arises between the persons concerned on the mediation, and the mediator.

The price for the services of the mediator's arranging the conclusion of the agreement on mediation is in principle financially profitable.