Voluntariness/Willingness
The parties shall participate on their own motion in the procedure and may withdraw at any time.

Equality
Each party has equal opportunities to participate in Mediation.


Neutrality
The Mediator does not enforce decisions. All matters shall be settled by mutual agreement of the parties.

Impartiality
The Mediator signs and presents a declaration of impartiality to the parties, stating all the circumstances which may raise reasonable doubt on his impartiality and neutrality, including when the mediator is: a spouse or lineal relative without limitation, collateral to the fourth degree or by marriage to the third degree of any party or its representative; lives in cohabit with a party; used to be a representative or agent of a party; or there are other circumstances which raise a reasonable doubt in the impartiality of the Mediator.

Confidentiality

Internal Confidentiality:
The mediator cannot notify the participants in the procedure about circumstances that relate only to one of the parties without the consent of that very party.
External Confidentiality: Participants are obliged to keep in secret all circumstances, facts and documents which have come to their knowledge during the procedure.

The mediator cannot witness for circumstances entrusted to him even though these circumstances could be important for resolving the dispute, subject to Mediation, except with the explicit consent of the participant who trusted him. An exception to this principle (confidentiality) shall be granted when:

  • It is necessary for the needs of the criminal process or is related to the protection of public order;
  • It is necessary to ensure the protection of the interests of children or to prevent physical or mental violence;
  • It is necessary to disclose the content of the Settlement reached in Mediation with a view to its execution.

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FAQ

Mediation is appropriate when the parties need a decision and are willing to negotiate.
Example criteria
Voluntary recourse, ability to take decisions (autonomy)
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Participation of a party in mediation is not forced (by threats or in any other way) by the other party or any third party;

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Leagal Frame