Contact us:
1058 Sofia, 9 Iskat Str.
Tel.: (+359 2) 8117 560, 8117 561,
8117 547, 8117 546
Fax: (+359 2) 987 32 09
E-mail: acourt@bcci.bg
Web: www.mediation.bcci.bg

ABOUT MEDIATION

Mediation gives you the opportunity to:

• Discuss the disputable issues in a safe and friendly environment
• Structure your own agreement, which best corresponds to your needs and interests
• Protect your privacy and confidentiality while demonstrating good faith
• Save time and money
• Minimize hostility, competitiveness and anxiety
• Preserve and improve your personal and business relations with the other party
• Improve communications and problem-solving techniques in interpersonal and business situations
• Achieve an agreement that shall be voluntarily executed since it is reached through parties’ mutual efforts and incorporates both parties concerns and interests.

• In the court and arbitration proceeding the dispute is resolved by a judge or arbitrator. In mediation parties resolve their dispute on their own, assisted by a mediator.

• In the court and arbitration proceeding the resolution is based on the applicable law. In mediation the resolution is based on parties interests.
• The court and arbitration proceedings are formal and based on strict rules, provided for by a statute or any legal regulations. In mediation there are clear stages and rules, but it is much less formal, flexible and controled by the parties than the court or arbotration proceedings.

• Mediator facilitates communication between parties in order to help them achieve their own resolution of the disputable issues.
• Mediator helps parties determine and prioritize their interests, determine what will be gained or lost in the future, and to identify possible resolutions.
• Mediator is impartial. He/she does not acts as a judge, arbitrator or attorney. He/she does not defend any party suggest or impose a resolution, does not give legal advice and does not make evaluations regarding dispute and parties.

Who are Mediators?

• The Mediators are experienced professionals (lawyers, psychologists, economists) who have passed at least the mediation training required by the Mediation Act and registered with the National Registry of Mediators. Most of mediators have special qualification in commercial mediation.

• Your role in mediation is to cooperate with the mediator in a good faith effort to negotiate a prompt and reasonable resolution of the problem. 
• Provide mediator with any documents and information in order to enable him/her to get acquainted with the case.
• Be prepared to discuss the facts of the matter, your perspective, and what you want to accomplish.  You will be allowed the opportunity to voice your concerns and speak without interruption. 
• Be prepared to listen to the other party and be willing to work in good faith to resolve the dispute, with the assistance and guidance of the mediator.

• Attorney's participation in mediation is not obligatory, but it is often recommendable.
• In order to be sure that your interests are well protected you may either consult an attorney prior to or during mediation, or participate in mediation accompanied or represented by your attorney.
• Prior to signing any settlement agreement achieved as a result of mediation, it is recommendable to consult an attorney.
• The legal assistance in mediation is of special value in the course of negotiations for protecting your interests, for providing a realistic evaluation of the possible outcome of the dispute, of the best and worst resolution options and upon drafting the settlement agreement.

What types of disputes can be resolved through mediation?

As a rule almost all civil and commercial disputes can be resolved through mediation.

Mediation has significant effect in the following cases:

• commercial disputes
• contractual disputes
• real estate and construction disputes
• intellectual property disputes
• personal injury disputes
• insurance disputes
• labor disputes
• consumer disputes

• Mediation can be held at each stage of a dispute.
• It is recommendable to refer your dispute to mediation promptly after the dispute arises in order to avoid an escalation of conflict, and prior to referring dispute to the court, if possible.
• Often parties use mediation in the course of negotiations for execution of a contract in cases when they have reached an impasse, but parties have financial and business interest to conclude the contract.

Is Mediation possible in case of pending litigation or arbitration procedure?

• Yes. In case when parties in pending litigation agree on mediation, depending on the case specifics, parties’ desire and courts’ opinion, the case may be scheduled for judicial hearing at a later date, or it may be suspended or terminated.

• To initiate mediation procedure parties shall pay a registration fee amounting to 50 BGN.
• The mediation fee is formed on hourly basis. The fee depends on the type of the dispute (civil or commercial), on the interest amount, and on the complexity of dispute (multiple parties or receivables). The mediation fee is between 50 and 80 BGN per hour.
• Prior to mediation parties shall pay an expenses deposit, which shall be subject to adjustment upon termination of mediation.

• As a rule the fees and expenses for the mediation are borne in equal shares by the parties.

• The settlement agreements concluded as a result of mediation are usually performed voluntarily, as the disputing parties have achieved them by joint efforts and the settlements agreements correspond to both parties’ interests.

• The settlement agreement becomes enforceable when notarized (Art. 237, item “з“ of the Civil Procedure Code) or approved by court or arbitration.
  • in the presence of pending procedure concerning the same dispute the agreement is presented to the court/arbitrator for approval as a court/arbitration settelement agreement,
  • in case there is no pending procedure, the agreement may be confirmed pursuant to the rules of the expedient procedure by the Court of Arbitration at BCCI.