Parties are free to agree on mediation. Also the courts at a certain stage during litigation shall encourage them to revert to mediation. Upon appointment, the mediator shall as soon as possible invite the parties to a first meeting. Mediators shall keep records of steps such as meetings with the parties, start of the process, and other acts with respect to the process and the finalization of the mediation. Parties are free to determine the rules of the mediation procedure subject to any mandatory rules of law. If no procedure has been determined, the mediator shall use his discretion taking into consideration the nature of the dispute, demands of the parties and necessary procedures and principles for a quick resolution of the dispute. At the end of the mediation process, a protocol shall be prepared on the outcome of the process. Parties shall agree on any further content of this protocol if any.
What kind of enforceability does mediation have? What do we need for a legally accepted agreement?
If the parties come to an agreement, they may request an annotation from the relevant court on the enforceability of this agreement. Such annotation gives the agreement the power of a court judgment. The examination for enforceability will be limited to (1) enforceability and (2) suitability for mediation. The application to the court for such annotation (and appeal against such decision on annotation) as well as stamp dues applicable to settlement agreements has been subjected to fix fees the amounts of which are rather ignorable as against variable fees based on the amount of the dispute (applicable in case of court actions and stamp dues on agreements).
In the case of a company we advise, our law firm’s approach is to take precautionary measures to protect the interests of our clients before disputes or conflicts arise. At this point it is important to ensure coordination with our office regarding the work and transactions to be carried out by the client company.