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notary and mediator
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Who is a mediator?
A mediator is a person who facilitates communication between parties and helps the participants of mediation to work out a solution satisfactory for both parties.
It is important to understand that a mediator is neither a judge nor an arbiter hence their role is not to decide about the existing dispute between the parties. Furthermore, a mediator must remain impartial and neutral.
Why am I the right person to conduct your mediation?
A notary in her work is subject to the Notaries Law Act, and has to act in accordance with the basic principles, which also apply to mediation. These principles are as follows:
Impartiality principle – a statutory obligation of a notary to safeguard the rights and legitimate interest of all parties to the act, but also any third parties which may be affected thereby;
Confidentiality principle – a statutory obligation of a notary to maintain professional secrecy, also when she no longer performs the profession of a notary;
Neutrality principle – a statutory obligation of a notary which prohibits to perform activities towards any related persons, and additionally a statutory prohibition to provide brokerage or consultancy services – which does not prejudice the below mentioned obligation to provide information;
Reliability principle – a statutory obligation of a notary to provide the parties with necessary information concerning the performed activity.
These are the principles of conduct, the observance of which is necessary to ensure your peace of mind, trust, and as a result, ease in communicating your needs and expectations to the mediator. It will not be possible to reach agreement and achieve the goals of both parties in the dispute without these factors.
Furthermore, as a notary, in the final stage of mediation and reaching agreement, I guarantee the proper wording of a settlement text, that is in a legal, precise, and legible manner for the court, which ensures a quick completion of court proceedings, and saving your time and money.
Who bears the costs of mediation?
In civil matters, the costs of mediation are borne entirely by the parties.
In out-of-court mediation, the amount of costs is determined by the parties to the dispute together with the mediator in a mediation contract. In mediation ordered by the court the costs of mediation are set out in the Regulation of the Minister of Justice of 30 November 2005 on the amount of remuneration and reimbursable expenses of a mediator in civil proceedings.
What are the costs of mediation?
Mediation costs in our notary office are determined individually depending on the value of the subject of dispute. In matters concerning a childcare, mediation costs are PLN 200 for the first meeting and PLN 150 for each subsequent meeting.
What is mediation?
Mediation is a voluntary, confidential dispute resolution method in which the parties to the dispute, with the assistance of an impartial and neutral mediator, come to agreement on their own. The use of mediation is possible in all cases where the law allows a settlement. It is worth noting that when mediation starts, the statute of limitation becomes suspended. The subject of mediation may include, for instance, dispute over payment, the annulment of joint ownership, employment matters, termination or non-performance of a contract, the division of property, inheritance issues, and matters relating to neighbour disputes.
What are the benefits of mediation?
• Mediation provides the parties with the opportunity to resolve their dispute in an amicable manner in independent, quick, and cheap way.
• Mediation helps to maintain friendly relationships.
• Mediation helps to understand the mutual needs of both parties, and thus reduces the psychological burden and the escalation of negative emotions, which is quite common in conflict situations.
How a case can be brought to mediation?
• Mediation can be conducted before the case is brought to court (out-of-court mediation) or after the initiation of proceedings - based on a court order.
• In each case, the condition is that the parties have to agree to starting mediation process.
• Each party may submit a request for mediation at any stage of the court proceedings.
How long can mediation take?
• Mediation proceedings based on a court order should not last longer than three months. At the joint motion of the parties or for other important reasons, this time limit may be extended if it is conducive for amicable resolution of a case.
How can mediation end?
• Mediation may end when the parties sign a jointly reached settlement. If the parties make a settlement before a mediator, the settlement is included in the official report or enclosed to it.
• In the event of mediation ordered by a court, and in the case of out-of-court mediation and a motion by a party to court for approval of a settlement made before a mediator, the mediator submits the official report to the court.
• The settlement approved by the court has the legal force of a settlement concluded before the court and ends the proceedings.
• The court shall not approve the settlement, in whole or in part, if the settlement is contrary to the law or principles of social coexistence, or when it intends to circumvent the law, and also when it is incomprehensible or contains contradictions.
• If the settlement with a writ of execution clause has not been enforced, you can request its enforcement by a enforcement officer appointed by the court.
• When the settlement is not reached, the parties may pursue their rights in court proceedings.