Mediation procedure

Successful mediation requires an honest effort by both parties to reach an amicable solution. It is not the mediator who shall find a solution to the dispute but the parties themselves. However, upon mutual agreement between the parties, also the mediator may render a proposal for resolution of the dispute.

Mediation takes the form of negotiations between the judge and the parties involved. The judge negotiates either with both parties present or with one of the parties at a time. Also other persons may be heard, when necessary.

The mediation process should not go on unduly long without producing a result, and therefore intensive negotiations should be conducted during, for instance, one or two days.

Mediation is usually public, i.e. the general public may be present at mediation. However, the general public is not admitted to the negotiations between the judge and one of the parties. Also other phases of the mediation process may be closed for the general public, if one of the parties so wishes.

No minutes are taken during mediation, and the discussions are neither recorded on tape nor saved in some other way.

Updated on 30 January 2012