In a mediation procedure in Bulgaria, a neutral intermediary in Bulgaria, Mediation Experts registered mediator in Bulgaria helps the parties to reach a mutually satisfactory settlement of their dispute. Any settlement in Bulgaria is recorded in an enforceable contract. Mediation Experts offers the best dispute resolution in Bulgaria without resorting to the courts.
Alternative dispute resolution in Bulgaria
Mediation is an alternative way of resolving legal and non-legal disputes. Mediation in Bulgaria is an efficient and cost-effective way of achieving that result while preserving, and at times even enhancing, the relationship of the parties. Mediation may include civil, commercial, labor, family and administrative disputes relating to consumer rights and other disputes between individuals and / or legal persons, even cross-border. The mediator will simply facilitate this and will not make the decision for the parties.It is always wise in a mediation to draft a settlement or resolution agreement to be signed by both sides to avoid any confusion at a later date. Mediation less formal than arbitration or litigation and is often a preferred route due to this and the cost. Mediation is confidential and it gives the parties the chance to agree terms that a court or arbitrator would not be able to do in an arbitral award or court judgment. The parties must voluntarily agree to mediate and they must also agree voluntarily to any settlement agreement. A settlement agreement is a legally binding contract meaning that if one party fails to comply with it, legal proceedings can be taken to enforce it. However, in our experience once a settlement is concluded at mediation the parties will typically comply with it.
The principal characteristics of mediation are:
- Mediation procedure in Bulgaria is a non-binding and it is controlled by the parties
A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator’s role is, rather, to assist the parties in reaching a settlement of the dispute.
Indeed, even when the parties have agreed to submit a dispute to mediation, they are free to abandon the process at any time after the first meeting if they find that its continuation does not meet their interests.
However, parties usually participate actively in mediations once they begin.
If they decide to proceed with the mediation, the parties decide on how it should be conducted with the mediator.
- Mediation is a confidential procedure
In a mediation, the parties cannot be compelled to disclose information that they prefer to keep confidential. If, in order to promote resolution of the dispute, a party chooses to disclose confidential information or make admissions, that information cannot be provided to anyone – including in subsequent court litigation or arbitration – outside the context of the mediation.
Mediation Process
Mediation is an informal and flexible dispute resolution process. The mediator’s role is to guide the parties toward their own resolution. Through joint sessions and separate caucuses with parties, the mediator helps both sides define the issues clearly, understand each other’s position and move closer to resolution.
Most often, mediations start with a joint session used to set the ground rules and an agenda. The joint session also helps define the issues and determines the parties’ positions.
Generally, during the process, parties move to separate caucuses. The mediator will carry messages—offers, counter offers, questions, demands, and proposals—between both sides to help the parties move closer to resolution.
Тhe existence and outcome of the mediation are also confidential.
Mediation’s confidentiality allows the parties to negotiate more freely and productively, without fear of publicity. Mediation experts is a neutral intermediary in Bulgaria.
- Mediation is an interest-based procedure
In court litigation or arbitration, the outcome of a case is determined by the facts of the dispute and the applicable law. In a mediation, the parties can also be guided by their business interests. As such, the parties are free to choose an outcome that is oriented as much to the future of their business relationship as to their past conduct.
When the parties refer to their interests and engage in dialogue, mediation often results in a settlement that creates more value than would have been created if the underlying dispute had not occurred.
Because mediation is non-binding and confidential, it involves minimal risk for the parties and generates significant benefits. Indeed, one could say that, even when a settlement is not achieved, mediation never fails, as it causes the parties to define the facts and issues of the dispute, thus in any event preparing the ground for subsequent arbitration or court proceedings. Mediation Experts offer the best dispute resolution in Bulgaria.
Do you need a registered mediator in Bulgaria? If you have any questions or need further information, please feel free to contact us: tel.:+359 888 19 46 20, Email: info@mediationexperts.eu