Chapter One
GENERAL DISPOSITIONS

This Act regulates the relationships associated with mediation as an alternative method of resolution of legal and non-legal disputes.

Mediation is a voluntary and confidential procedure for out-of-court resolution of disputes, whereby a third party mediator assists the disputants in reaching a settlement.

Mediation shall furthermore be conducted in the cases provided for in the Criminal Procedure Code.

A mediator shall not display partiality and shall not impose a resolution of the dispute.

A mediator may be only a legally capable person who meets the following requirements:

1. has not been convicted for criminal offenses at public law;
2. has successfully undergone a course for mediators
3. has not been deprived of the right to exercise a profession or conduct an activity;
4. has a permit for permanent residence in the Republic of Bulgaria, in the event the person is a foreign national;
5. has been entered in the Uniform Register of Mediators with the Minister of Justice

(Effective as from the date of entry into force of the Treaty concerning the Accession of the Republic of Bulgaria to the European Union) The requirement under paragraph 1, item 4 does not apply to nationals of member-states of the European Union, the other states from the European Economic Area and Switzerland.

The Minister of Justice shall issue a certificate to the mediator ascertaining his/her entering in the Uniform Register of Mediators.

(4) The Minister of Justice shall approve by issuing an order the organizations which deliver training to mediators. The terms and conditions for their approval, as well as the requirements for mediation training are to be defined in an ordinance of the Minister of Justice.

(New, SG No. 86/2006)

The Minister of Justice creates and maintains the Uniform Register of Mediators

1. name, personal identification number (personal number of a foreign national), citizenship, education, profession, additional specialization in the field of mediation, the organization which has trained the mediator, foreign language skills, address and telephone for contacts and number of the mediator;
2. deletion and striking off the mediator;
3. the organization where the mediator was trained
4. changes in the circumstances under Art. 8, paragraph 1, item 1, 3 and 4.

The Uniform Register of Mediators is public.

A person entered in the Uniform Register of Mediators shall declare in writing to the Minister of Justice any changes in the circumstances, subject to entering in the Register, within 14 days after they occur.

When a requirement of Art. 8, paragraph 1, item 1, 3 and 4 is no longer met, the Minister of Justice issues an order for deletion of the mediator in the Uniform Register of Mediators. The order may be appealed before the Supreme Administrative Court following the procedure of the Administrative Procedure Code.

The procedure for entering in, striking off and deletion from the Uniform Register of Mediators is determined by the ordinance as per Art. 8, paragraph 4.

(New, SG No. 86/2006)

(Supplemented, SG No. 86/2006) A mediator shall act in good faith in compliance with the law, good morals, and the procedural and ethical rules of mediator conduct. These rules shall be determined in the ordinance under Art. 8, paragraph 4.

A mediator may not give legal advice.

During the procedure, a mediator shall be obligated to comply with the opinion of each of the disputants.

A mediator shall withdraw from the procedure upon occurrence of any circumstances as would cast doubt on the independence, impartiality and neutrality thereof.

A mediator may not communicate to the other participants in the procedure any circumstances concerning solely one of the disputants without the consent of the said disputant.

A mediator shall not be liable if the parties fail to reach a settlement.

A mediation procedure shall commence on the initiative of the disputants, with each of the said disputants having the right to propose resolution of the dispute through mediation.

A proposal for resolution of the dispute through mediation may furthermore be made by the court or another competent authority whereto the dispute has been referred for settlement.

A mediation procedure shall be implemented by one or more mediators selected by the parties.

(Supplemented, SG No. 86/2006) The disputants shall participate in the procedure personally or through a representative. Authorization shall be made in writing.

Prior to conduct of the procedure, the mediator shall inform the parties of the essence of mediation and of the consequences thereof and shall require the written or oral consent of the said parties to participation.

The mediator shall be obligated to indicate all circumstances as my give rise to reasonable doubt in the parties as to the impartiality and neutrality of the mediator.

In the course of the procedure, the essence of the dispute shall be clarified, the mutually acceptable options of solutions shall be specified, and the possible framework of an agreement shall be outlined.

1. by common agreement between the parties, or at the request of one of the parties;
2. upon the death of the mediator;
3. in the cases provided for in Art. 10 (3) herein.

1. upon reaching a settlement;
2. by mutual agreement between the parties;
3. upon withdrawal of one of the parties;
4. upon the death of a disputant;
5. upon dissolution of a disputant if a legal person.

The agreement of the parties to the termination of the dispute must be expressed clearly and unequivocally.

The agreement shall be binding solely on the disputants and may not be held adverse to any persons who did not participate in the procedure.

(Amended, SG No. 86/2006) The agreement shall be binding on the parties solely in respect of the points of agreement therebetween.

TRANSITIONAL AND FINAL PROVISIONS to the Amendment and Supplement Act to the Mediation Act (SG No. 86/2006)

The Council of Ministers shall adopt the tariff under Art. 8b within three months after the entering of this act in effect.