Name of law Law amending and supplementing the law on mediation of the Name Bill a bill amending and supplementing the law on mediation date of acceptance 17/03/2011 number/year Official Gazette 27/2011 Decree No 57

On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria

I DECLARE:

To be published in the Official Gazette the law amending and supplementing the law on mediation, adopted by the National Assembly of the HLI 17 March 2011.

Issued in Sofia, Bulgaria on 28 March 2011.

The President of the Republic: Georgi Parvanov

Stamped with the State seal.

Minister of Justice: Margarita Popova

LAW

amending the law on mediation (official SG. 110 of 2004; amend., 86/2006, no. 9 of 2011.)

§ 1. In art. 3, al. 1 Finally a comma and add "including when cross-border".

§ 2. In art. 7 make the following amendments and additions:

1. The current text becomes paragraph 1.

2. Al are created. 2 and 3:

"(2) the mediator may not be questioned as a witness about the circumstances, which are trusted by the participants and have a significant bearing on the resolution of the dispute, subject to the mediation, except with the express consent of the participant, who trusted them.

(3) an exception to the confidentiality of the mediation is admissible in cases where:

1. it is necessary for reasons of the needs of the criminal process or relating to the protection of public order;

2. the need to ensure the protection of the interests of children or to prevent invasion of physical or psychological integrity of a person, or

3. the disclosure of the content of the agreement resulting from mediation is necessary for the implementation and enforcement of that agreement. "

§ 3. In art. 11 the following amendments and supplements shall be made:

1. a new paragraph. 2:

"(2) for the start of the mediation procedure shall be considered as the day on which the parties have made explicit consent for the commencement, and in the absence of explicit consent – the day of the first meeting of all participants with the mediator."

2. the Previous para. 2 and 3 become respectively al. 3 and 4.

§ 4. Art is created. 11A:

"The Action of the beginning of the mediation procedure on limitation period art. 11. Statute of limitations not run during the mediation process. "

§ 5. In art. 13 make the following amendments and additions:

1. Paragraph 2 shall be replaced by the following:

"(2) the mediator is obliged to designate all circumstances that may give rise to reasonable doubts as to the parties in its impartiality and neutrality, including when the mediator is a person:

1. What is the spouse or a relative in a straight line, without limitation, collateral relatives up to the fourth degree, or by marriage to the third degree of any of the parties or its representative;

2. living in de facto conjugal cohabitation with a party to the dispute, subject to the mediation;

3. which was representative or representative of a party to the dispute, subject to the mediation;

4. on what other circumstances exist that give rise to reasonable doubt its impartiality. "

2. a new paragraph. 3:

"(3) the mediator shall sign a declaration of impartiality, which specifies the circumstances under para. 2 for each procedure, for which it was set, and make them available to the parties to the dispute. "

3. the Previous para. 3 and 4 become Al respectively. 4 and 5.

§ 6. In art. 15, para. 1 creating a t. 6:

6. with the expiration of 6 months from the beginning of the procedure. "

§ 7. In art. 16 is made the following changes and additions:

1. The current text becomes paragraph 1 and in the second sentence add "the signatures of the parties to the dispute," and in the third sentence, after the word "mediator" Insert date "under art. 11, para. 2. "

2. a para. 2:

"(2) the parties to the agreement may provide for liability for breach of its obligations."

§ 8. Art is created. 18:

"Enforceability of the agreement

Art. 18. (1) the agreement on legal dispute within the meaning of art. 1 of the Act, reached in mediation, he has the power of a court settlement and shall be subject to approval by the district courts in the country.

(2) the Court shall approve the agreement after his confirmation by the parties, if not contrary to law or morality. The Court heard the views of the Prosecutor, if he is involved as a party in the case. "

§ 9. Additional provision is created with a new § 1:

"ADDITIONAL PROVISION

§ 1. Within the meaning of this law, "a cross-border dispute" is:

1. The dispute, in which at least one of the parties is domiciled or habitually resident in a Member State other than the Member State of domicile or habitual residence of either of the other parties to the date on which:

(a)) the parties have agreed to use mediation after the dispute has arisen, or

(b)) to the countries called by the court seised of the case, to use mediation to settle the dispute.

2. where the dispute after mediation between the parties began judicial proceedings or arbitration in a Member State other than that in which the parties have been domiciled or habitually resident on the date referred to in paragraph 1.

For the purposes of paragraphs 1 and 2, domicile shall be determined in accordance with art. 59 and 60 of Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. "

§ 10. In the transitional and final provisions § 1 the current becomes § 1a.

Additional provision


§ 11. This law shall establish the requirements of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136/3, of 24 May 2008).

The law was adopted by 41-Otto National Assembly on 17 March 2011 and is stamped with the official seal of the National Assembly.

President of the National Assembly Tsetska Tsacheva:

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