Monday, April 11, 2011

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mediation in civil and commercial international adoption grants

The bill of mediation in civil and commercial matters has been approved by Cabinet for submission to Parliament at its last meeting on 08 April.

This project is part of the Plan for Modernization of Justice 2009-2012, represents a major boost to alleviate regulatory workload courts by resolution of such conflicts in the court. Therefore, citizens can resolve their differences without going to trial.

Statute of mediator

To provide assurance of professionalism and quality to the activity is regulated minimum status of the conciliator, with the following conditions to practice as such:

have liability insurance.
Be enrolled in a public register and information free to the public.
also regulates the rights and duties of mediators and the mediation services and institutions, which also must enroll in the registry.

The Act will also give also the development of mediation through electronic means while ensuring the identity of the participants and respect the principles of mediation.

Main features of the Mediation Act

Set to civil and commercial matters in national or cross border conflicts. Specifically excluded labor mediation, criminal and consumer.
institutions and mediation services established or recognized by the various authorities can assume the functions of mediation, continuing the work already been playing. Undergoing
mediation is voluntary, except in the claims process of quantity less than six thousand euros which will require the start of mediation, at least, by attending the free information session, as a prerequisite for going to court.
Nobody is obliged to conclude an agreement or to remain in the mediation process.
The request to initiate mediation or expiration interrupted prescription prosecution.
The procedure guarantees the confidentiality and impartiality of the mediator between the parties, without which it can impose any specific solution or action.
It sets a deadline for the mediation of two months, renewable for another.
The settings of the mediation agreement as an enforcement of arbitral awards comparable to that end is inserted into the Civil Procedure Act the necessary reforms.

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