Mediation
If you are interested in mediation or if you have been assigned a mediator by the court, please contact us via email: tomasz.pustowka@advoco.cz.
What is Mediation?
Mediation is a method of out-of-court dispute resolution based on long-standing practices applied in developed legal systems. International experiences with mediation show that a significant majority of disputes can be resolved out of court when appropriate communication techniques and structured negotiations led by a mediator are used (available sources indicate a success rate exceeding 70%). The mediator acts as a guide in the negotiation process and a facilitator of communication, helping the parties find a mutually agreeable solution.
How Mediation Works?
Mediation begins with the signing of a mediation agreement between the participants and the mediator. The mediation process follows an established structure and is guided by the mediator using a methodology that helps remove communication barriers, it focuses on the needs of the parties involved, and leads to a mutually acceptable and long-term sustainable solution.
In the mediation sessions conducted within our law firm, we use, as needed, an evaluative mediation style. The evaluative style allows the mediator to express a non-binding legal opinion related to the matter if both parties request it and if it is appropriate considering the course of the mediation. In this approach, we use our extensive legal experience, particularly in the areas of commercial, civil, and labour disputes.
What is the Result of Mediation?
If mediation is successful, the outcome is the conclusion of a mediation agreement. The mediator assists the parties in drafting the agreement to ensure it is sufficiently clear and enforceable. A mediation agreement that is approved by the court at the request of the parties becomes an enforceable legal title. Approval of the mediation agreement in settlement proceedings is subject to a reduced fee of 500 CZK, regardless of the value of the subject matter of the agreement.
Advantages of Mediation
Mediation is much faster than court disputes, which often last for years.
The costs of mediation are significantly lower than the costs of litigation. The approval of a mediation agreement is subject to a reduced court fee.
During mediation, the limitation period does not run.
Mediation is a voluntary process; the parties maintain control over the resolution and influence the outcome.
Finding a compromise solution helps preserve correct relations with the other party and maintain future cooperation.
The mediation process is strictly confidential and private, in contrast to public court proceedings.
Mediation Costs
Mediation takes place based on an agreement with the mediator. The mediator's fee is set according to an hourly rate, which depends on the nature of the dispute. The total costs therefore depend on the duration of the mediation. Typically, each party pays half of the mediator's fee.
Registered Mediator Activity
Our law firm offers services in the field of mediation. Mgr. Tomasz Pustówka, based on the completed examination, is listed in the register of mediators maintained by the Ministry of Justice of the Czech Republic and performs the duties of a registered mediator in accordance with Act No. 202/2012 Coll. on Mediation[1]. In the practice of mediation, we adhere to the European Code of Ethics for Mediators[2] and the Code of Ethics for Lawyer Mediators developed by the ADR section of the Czech Bar Association[3].