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

CHARTER AND MEDIATION RULES

Article 1. The Mediation Center is an entity without own legal personality, established and existing as a part of the administrative chart and organization of the Bulgarian Chamber of Commerce and Industry.

(2) The Mediation Center unites mediators, entered in the Unified Register of Mediators.

Article 2. The Mediation Center is established to achieve the following goals:

1. Dispute resolution through mediation.
2. Promotion of mediation as an effective, time and money saving alternative dispute resolution method.
3. Dispute resolution and conflict settlement through other dispute resolution methods.
4. Organization of mediation trainings, trainings on other alternative dispute resolution methods and on conflict management.

Article 3. The Mediation Center shall provide the following services:

1. Provision of information and guidance regarding the nature of mediation and mediation proceedings.
2. Administering the disputes referred to mediation through administrative and technical organization of the mediation proceedings.
3. Assistance to the parties in selecting a mediator from the list of mediators kept by the Mediation Center.
4. Liaising between the parties and the mediator with a view to ensuring optimal communications and procedural efficiency.
5. Assisting the parties in organizing any other support services that may be needed in the course of mediation, such as translation, interpretation or secretarial services.
6. Administering the financial aspects of the mediation proceedings,
7. Providing premises and technical and logistic means, necessary for conduction of mediation.

II. Mediator

Article 4. (1) The mediation in the Mediation Center shall be conducted by mediators, who comply with the legal requirements for mediators and are registered in the List of Mediators.

Article 5. (1) The entry in the List of Mediators shall be made by submission of an application form to the Mediation Center. The application form shall contain the names of the applicant, his/her Personal ID number, nationality, permanent and present address, if different, mailing address, telephone, fax, e-mail, trainings passed and specialization acquired, education – type and major, command of foreign languages, other qualifications. The application form shall be accompanied by a certificate, proving the person’s ability to act as mediator, issued by the Unified Register of Mediators at the Ministry of Justice.

(2) The List of Mediators and the entry of new mediators therein shall be subject to approval by the Council of Presidents of the Arbitration Court at BCCI.

(3) The approved mediator shall be entered in the List of Mediators and data about him shall be published in any informational materials of the Mediation Center and in the web-site of the Mediation Center.

(4) Upon his/her entry in the List of Mediators the mediator shall sign a Declaration and Consent in accordance with Art. 7 of the present Charter and Mediation Rules.

Article 6. (1) The mediator shall be deregistered from the List of Mediators on the grounds of a resolution of the Council of Presidents of the Arbitration Court at BCCI in the following cases:

1. upon mediator’s request, and in such case the mediator shall be bound to complete the mediation;
2. in case the mediator is no more in compliance with the requirements for mediators provided for in these Charter and Mediation Rules;
3. gross and regular breach of the law, Procedural and Ethical Rules for Conduct of Mediators and the present Charter and Mediation Rules;
4. impair of the reputation of the Mediation Center and performing acts or ommisions against the interests of the Mediation Center.

(2) In case of deregistration of a mediator from the Unified Register of Mediators, the Mediation Center shall remove the mediators from the List of mediators of the Mediation Center ex officio.

III. Documents

Article 7. The Mediation Center activity shall be performed based on the following forms, approved by the Council of Presidents of the Arbitration Court at BCCI:

1. Request for mediation;
2. Intake Form;
3. Record Form (File);
4. Agreement to mediate;
5. Agrement for confidentiality;
6. Settlement agreement;
7. Records of delivery and receipt of documents;
8. Application form for registration of a mediator in the List of mediators of the Mediation Center;
9. Declaration and Consent of a Mediator;
10. Declaration for Acceptance of Case and Impartiality and Independence;
11. Notification of the mediator to the Mediation Center submitted upon suspension and termination of mediation;
12. Questionnaire for Evaluation of Mediation;
13. Fee Schedule;
14. Feedback forms for exchange of information with the court regarding the court-referred cases;
15. Other documents, necessary for the activity of the Mediation Center.

Article 8. All outgoing documents shall bear the seal of the Mediation Center.

Article 9. (1) The Mediation Center shall keep all the documents related to the disputes referred to mediation. Information for all submitted disputes shall be kept on hard and soft copy.

(2) The Mediation Center shall keep all the documents confidential and shall not, without the written authorization of the parties, disclose either the existence or the result of the mediation to any person.

(3) The Mediation Center may, however, include information concerning the mediation in any aggregate statistical data that it publishes concerning its activities, provided that such information does not reveal the identity of the parties or enable the particular circumstances of the dispute to be identified.

Article 10. Where the parties have to submit documents to the mediator, the latter shall make a record of delivery of documents using the form under Art.7. Except when being used, these documents shall be kept in the premises of BCCI. After termination of the mediation, the documents shall be returned to the parties and a record of receipt shall be made.

Article 11. After termination of the mediation the parties shall be invited to complete a questionnaire for evaluation of mediation, which is to be submitted to the Mediation Center.

Article 12. (1) These Rules shall be applicable to resolution of civil, commercial, labor, family and administrative disputes, consumer rights disputes, and other disputes between legal entities and individuals, either local or international.

(2) The existence of pending court or arbitration proceedings concerning such disputes shall not constitute an obstacle for the commencement of mediation proceedings in accordance with these Rules.

Article 13. (1) The mediation shall commence upon a mutual agreement of the parties in dispute.

(2) The mediation shall be initiated by Request for mediation, which may be filed by one of the parties or by all of them, and shall contain:

a) names, addresses, phone numbers, fax and e-mails of the parties in dispute and their representatives, if any;

b) short description of the dispute, including, if possible, an assessment of its value;

c) suggestion for one or more mediators.

(3) The Request for mediation shall be accompanied by a document, proving the payment of the registration fee pursuant to the Fee Schedule.

(4) When the Request for mediation is filed by one of the parties the Mediation Center shall immediately serve a copy of this request on the other party and shall invite the latter to state whether it agrees or declines to take part in the mediation within an appropriate term considering the peculiarities of the case.

(5) After receipt of the consent of the other party to participate in mediation, the Mediation Center shall undertake the necessary preparatory activities for conduction of mediation.

Article 14. (1) In case the parties have selected a mediator or mediators, the mediator shall be invited to sign a Aeclaration for Acceptance of Case and for Impartiality and Independence, in which he/she shall specify all circumstances, that could lead to reasonable doubt regarding his/her impartiality and neutrality. This obligation shall exist for the whole duration of mediation. The signed declaration shall be sent to the parties.

(2) In case the parties cannot reach an agreement concerning the selection of a mediator, the Mediation Center shall assist them in the selection of a mediator until they reach an agreement.

(3) A new mediator shall be selected in the following cases:

1. in case the selected mediator refuses to accept the conduction of mediation;
2. in case of challenge on the mediator’s initiative;
3. in case of challenge on parties’ initiative;
4. in case of termination of the mediator’s functions pursuant to Art.16.

Article 15. (1) Should the mediator decide that he can not be independent, impartial and neutral, or provided that reasonable doubt regarding his/her independence, impartiality and neutrality arises, he/she shall make a challenge.

(2) Provided that circumstances are present, that could lead to reasonable doubt regarding the impartiality and neutrality of the mediator, the parties may request his/her challenge at any time during the mediation proceedings.

Article 16. (1) The functions of a mediator shall be terminated also in the following cases:

1. a party or all parties dismisses the mediator;
2. the mediator is deregistered from the List of mediators or from the Unified Register of Mediators,
3. the mediator refuses the accepted commitment concerning particular case;
4. the mediator does not fulfill his/her obligations pursuant to the law; Procedural and Ethical Rules for Conduct of Mediators and the present Charter and Mediation Rules;
5. the mediator breaches the Agreement to Mediate signed with the parties.

(2) In the cases under item 4 and 5, the non-fulfillment shall be established by the President of the Arbitration Court, or by his/her deputy, authorised to take decisions in such cases, who will suspend mediator from the case and will immediately notify thereof the parties in case.

III. Applicable Rules and Principles for Conduction of Mediation

Article 17. The mediation shall be conducted in accordance with the Mediation Act, the Procedural and Ethical Rules for Conduct of mediators, these Rules, as well as in accordance with parties wishes and the mediators approach.

Representation of the Parties and Participation in the Meetings

Article 18. (1) The parties in dispute shall participate in the mediation personally or through their duly authorized representative.

(2) The parties may be assisted in mediation as well by attorneys, advisors and other experts.

Article 19. Each party shall cooperate in good faith with the mediator to advance the mediation as expeditiously as possible.

Article 20. (1) The mediator shall promote the settlement of the issues in dispute between the parties in any manner that the mediator believes to be appropriate in accordance with the peculiarities of the dispute.

(2) The Mediator shall not be entitled to give legal advices to the parties.

(3) The restriction under the previous paragraph shall not be applied to the other dispute resolution methods.

Article 21. Unless authorized in writing by the parties, the mediator shall not act in any capacity whatsoever, e.g. In the capacity of j udge, arbitrator, expert, witness, representative or advisor of any of the parties, otherwise than as a mediator, in any pending or future proceedings, whether judicial, arbitral or otherwise, relating to the subject matter of the dispute.

Article 22. (1) For the purpose of achievement of the goals of the mediation, the parties shall be obliged to submit to the mediator promptly the information necessary for his/her work on the case.

(2) The mediator may at any time during the mediation suggest that a party provide such additional information or materials as the mediator deems useful.

Confidentiality

Article 23. (1) The mediator shall be free to meet and to communicate separately with a party on the clear understanding that information, oral or written, given at such meetings and in such communications shall not be disclosed to the other party without the express authorization of the party giving the information.

(2) No recording of any kind shall be made of any meetings of the parties with the mediator.

(3) Each person involved in the mediation, including, in particular, the mediator, the parties and their representatives and advisors, any independent experts and any other persons present during the meetings of the parties with the mediator, shall respect the confidentiality of the mediation and may not, unless otherwise agreed by the parties and

the mediator, use or disclose to any outside party any information concerning, or obtained in the course of, the mediation. Each such person shall sign an appropriate confidentiality undertaking prior to taking part in the mediation.

(4) Unless otherwise agreed by the parties, each person involved in the mediation shall, on the termination of the mediation, return, to the party providing it, any brief, document or other materials supplied by a party, without retaining any copy thereof. Any notes taken by a person concerning the meetings of the parties with the mediator shall be destroyed on the termination of the mediation.

(5) Unless otherwise agreed by the parties, the mediator and the parties shall not introduce as evidence or in any manner whatsoever in any judicial or arbitration proceeding:

1. any views expressed or suggestions made by a party with respect to a possible settlement of the dispute;
2. any admissions made by a party in the course of the mediation;
3. the fact that a party had or had not indicated willingness to accept any proposal for settlement made by the mediator or by the other party.

IV. Conduction of Mediation

Article 24. The mediation shall be conducted in joint sessions and, where the mediator finds it necessary, in caucuses (separate meetings) between the mediator and each of the parties. The mediator shall conduct a caucus recognizing the equal rights to participate in the proceedings.

Article 25. At the beginning of the mediation the mediator shall inform the parties about the nature of mediation, the mediator’s role and the role of the parties and other participants, the rules for conduction of mediation, as well as about the consequences of mediation and the possibilities for enforceability of the reached settlement agreement.

V. Suspension and Termination of Mediation

Article 26. (1) The mediation shall be suspended:

1. By parties’ mutual consent or by request of one of the parties;
2. Upon mediator’s death;
3. In the cases of challenge of a mediator;
4. In case of termination of the mediator’s function pursuant to Art.16.

(2) If the mediation is held during a pending proceedings, the parties shall immediately notify the competent body for the suspension of the proceedings.

Article 27. (1) The mediation shall be terminated:

1. By the achievement of a settlement agreement;
2. By parties’ mutual consent;
3. Upon refusal of either party expressed in written notification to the Mediation Center and after the appointment of a mediator – to the Mediator;
4. At the mediator’s discretion, if a settlement agreement can not be expected, by written notice to the parties.
5. By the expiry of a definite deadline fixed by the parties;
6. Upon death on the part of a party to the dispute or upon termination of the legal entity – party to the dispute.

Article 28. Upon the termination of the mediation, the mediator shall promptly send to the parties and to the Mediation Center a notice in writing that the mediation is terminated and shall indicate the date on which it was terminated, whether or not the mediation resulted in a settlement of the dispute and, if so, whether the settlement was full or partial.

Article 29. Neither the Mediator, nor the Mediation Center and its employees, shall be liable to any person for any act or omission in connection with the mediation proceedings.

Article 30. The fees for conduction of mediation shall be determined in the Fee Schedule, representing inseparable part of these Rules.

Article 31. (1) The fees and expenses for the mediation shall be borne in equal shares by the parties, unless they agree otherwise in writing.

(2) Each party shall pay the fee owed by it. Any party shall be free to pay the fee for the other party.

(3) Except for the fees and expenses provided for in the Fee Schedule, each party shall bear on its own the rest of its expenses related to mediation.

VIII. Transitional Provisions

§ 1. In the Present Charter and Mediation Rules the terms specified below shall have the following meaning:

“BCCI” shall mean the Bulgarian Chamber of Commerce and Industry.

“Mediation” shall include mediation and other dispute resolution methods and conflict settlement, excluding arbitration.

“Charter and Mediation Rules” shall mean Charter and Mediation Rules of the Mediation Center.

“Procedural and Ethical Rules for Conduct of Mediators” shall mean the Procedural and Ethical Rules for Conduct of Mediators, adopted by the Minister of Justice.

“List of Mediators” shall mean the List of Mediators of the Mediation Center.

“Fee Schedule” shall mean the Mediation Fee Schedule, adopted in accordance with the Charter and Mediation Rules.

“Mediation Center” shall mean the Mediation Center at the Arbitration Court at Bulgarian Chamber of Commerce and Industry.

§ 1 The present Charter and Mediation Rules of the Mediation Center are adopted by the Executive Board of BCCI by Resolution No. 22/19-2005 dated 13.09.2005.