The procedure for initiating the mediation involves the signing of a mediation contract by all the parties in the respective sphere. To reach this moment of signing the mediation contract, we can meet the situation, rarer, in which the parties present themselves together to the mediator and request this, or the second situation, in which one of the parties submits a request through which asks the mediator to invite the other party / parties to mediation, in order to try to establish the signing of the respective mediation contract, after which the mediation procedure will be started.
If the party to whom the invitation is addressed, does not respond to this invitation or rejects the possibility of mediation of the dispute by refusing to sign the mediation contract, the mediator will find this in a report, which will prove the good intentions of the party trying to mediate. For example, in the case of a mediation in a criminal case, according to paragraph 75 paragraph 2 of the Penal Code, it is stipulated that the efforts made by the offender for removing or mitigating the consequences of the offense may constitute mitigating judicial circumstances.
After the mediation contract is signed by the parties in conflict, the mediator will establish the discussion sessions depending on the parties’ option and the characteristics of the case, either in joint sessions or in separate sessions. It should also be kept in mind that the parties have the right to be assisted throughout the mediation procedure by elected lawyers. At the same time, the parties may be advised by the mediator to sign a confidentiality agreement, which will include the obligation of the parties not to make public the issues discussed during the mediation.
After identifying the common needs and finding a solution that is convenient for the parties, the mediator will draft a mediation agreement and a minutes for closing the mediation. These documents will also have to be inserted on electronic media (CD, etc.) to be submitted to the prosecutor’s office or court.
In the situation where the parties started mediation, following the signing of the Mediation Contract, but the discussions did not lead to an amicable solution, the mediator will draw up a minutes of closing the mediation in which he will retain the issues that led to the failure of the mediation.