About this service
Mediation justifies expectations when the settlement reached is genuinely enforceable — and this quality is born before the process begins. Articles 8, 9, 13 and 13-1 of the Law on Mediation assemble precisely this route: the mediator's explanatory duty, the form and signatures of the settlement, court enforcement of a settlement from private mediation, and the recognition of international settlements. Our service accompanies parties from negotiating enforceability to the court motion.
What a party must know about enforcement before the process begins
Article 8 obliges the mediator, before the mediation begins, to explain to the parties the principles of conducting the process, the mediator's role, the parties' rights and duties, the possible outcomes and — the decisive detail — the enforcement rules of the mediated settlement composed as a result of the parties' agreement, as well as the procedure and terms of remuneration. This duty stands so early because the enforcement perspective is the currency of negotiating terms: a party that knows how the settlement will be enforced frames its concessions differently. Moreover, the duration of mediation is not limited unless the agreement or the law provides otherwise, and the parties must be afforded sufficient time and opportunity — the precision of the terms is born precisely in that time. A party may participate directly or through a representative, and the mediator ensures equality between the parties — this environment creates a fair balance of terms and directly affects the quality of the settlement.
The form of the settlement: what an enforceable document is called
Article 9 builds the formal foundation of enforceability: the drafting of the mediated settlement is ensured by the parties or their representatives, and the mediator may assist; the settlement is made in writing and is signed by the parties and by the mediator. The mediation is considered completed upon the parties' written agreement to end the dispute by mutual accord — meaning the day the settlement is concluded is itself the moment the process completes. At a party's request, the mediator issues a document confirming the completion of the mediation, which later also performs the function of evidence in a procedural context.