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Law On Mediation

Original Language Title: Mediācijas likums

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The Saeima has adopted and the President promulgated the following laws: law on Mediation, chapter I General provisions article 1. The terms used in the law, the law is applied in the following terms: 1) — voluntary cooperation of the mediation process in which the parties seek to reach a mutually acceptable agreement for the settlement of disputes through mediation; 2) hand, parties wishing to solve their differences through mediation; 3) members of the mediation — parties and individuals for which participation in the mediation, the parties have agreed; 4-party mediators) freely chosen individual who has agreed to run a mediation; 5) certified mediators — mediators who regulations prescribed have mastered the mediation and received a certificate which entitles him to be included in the list of certified mediators; 6) mediation contract concluded between the parties, an agreement about the use of mediation, which can be presented as a separate written document; 7) contract with mediators — mediators and the Parties shall be concluded in writing for the use of mediation; 8) proof of the results of the mediation, the mediator shall issue a written document that specifies the parties, the subject matter of the dispute, the mediation up date and who, in the cases laid down in this law confirms the termination of the mediation, by agreement or without it; 9) — the result of the mediation agreement that the parties resolve their differences, which can be presented as a separate written document. 2. article. The law's purpose and scope (1) of the Act is intended to create the legal conditions to promote mediation as an alternative dispute resolution (ADR), promoting the harmonisation of social relations. (2) you can use Mediation for solving the dispute settlement process, as well as the proceedings in cases where specific rules state otherwise.
Chapter II principles of mediation article 3. Voluntary for the parties are free to decide on participation in the mediation, the mediator of the mediation, the choice, the progress of the mediation the mediator's limits, and the termination of the mediation, by agreement or without. 4. article. Privacy (1) information obtained or linked to in mediation is confidential, unless otherwise agreed by the parties. (2) the Mediator shall not disclose to the party of the other party, if the other party is not accepted. (3) mediators and mediation participants prohibited interrogation as witnesses of the facts which become known to them in the mediation. (4) this article shall not apply where: 1) disclosure is required under law to ensure public order, or the rights of the child in particular interests, as well as prevent a person's life, health, freedom or threat dzimumneaizskaramīb; 2) agreements resulting from mediation content disclosure is necessary to enforce or comply with the agreement. 5. article. The equality of the parties and the parties to the mediation in cooperation have the same opportunities and rights. The Parties shall act in collaboration. 6. article. The mediator's neutrality and objectivity (1) Mediator for the parties is neutral. He allows the parties to reach a mutually acceptable agreement. The mediator is not personally interested in the outcome of mediation. (2) the Mediator is obliged to notify the parties of any circumstances which may affect his neutrality or impartiality. The mediator has the right to initiate or continue the already started mediation, if the parties agree.
Chapter III, article 7 of the mediation process. The mediator in the mediation process mediation is conducted by one or more mediators or certified mediators. If the parties cannot agree on the choice of mediator or mediator is not agreed upon the choice principles, certified mediator, the Council has the right to recommend a mediator from the list of certified mediators. 8. article. The mediation contract (1) the parties may agree orally or in writing about the use of mediation to resolve disputes that have already arisen or may arise in the future. That agreement as a separate provision (the mediation clause) may include in any written contract. (2) if the parties to the agreement are included in the mediation clause or entered into a separate mediation agreement, apply to the Court in the event of a dispute, you can then when: 1) one party notifies in writing the other party of the contract contained in the resignation agreement; 2) one party has rejected the other's proposal to solve the disputes through mediation; 3) ended without agreement in mediation, and the mediator shall issue a receipt for the result of the mediation. 9. article. The rejection of the proposal of mediation (1) on the one hand, the proposal to solve the disputes through mediation (hereinafter mediation proposal) be considered rejected if not received the consent of the other party for the use of mediation. Unless otherwise agreed by the parties, the term of consent is 30 days from the date of dispatch of the mediation proposal. (2) if the consent to mediation, but is received within 30 days from the date of receipt of the contract with the mediators is not closed, then it is considered that the mediation proposal is rejected, if one party is not requested within that period the Council of certified mediators to recommend a mediator. 10. article. Certified mediators Council participation in the choice of mediator (1) If consent to mediation is received, but the parties cannot agree on the choice of mediator or other related issues and mediation contract with mediators are not concluded within 30 days of the date of receipt of the consent to mediation or accepted the Court's decision about the suspension of the use of mediation, a party may request the Council of certified mediators to recommend a mediator. (2) the Council of certified mediators within 10 days from the date of receipt of the request, choose the mediator from the list of certified mediators, and shall notify the parties of his first name, last name, phone number, address, and the time when the contract concluded with the mediators. (3) referred to in the second paragraph of article at the time of conclusion of the contract for certification of mediators shall be determined by the Council not later than the 14th day after the date of dispatch of the notice. If the party can fail to attend, the mediator shall notify in a timely manner for a absences for justifiable, the mediator will determine the future of new-14 days within the time of conclusion of the contract and notify the parties. (4) If a party, without justification or repeatedly fails to enter into a contract with the mediator, or if the contract with the mediators can not conclude for other reasons, the mediator shall promptly provide a written attestation that enter into a contract with the mediator was not possible. (5) After the fourth paragraph of this article of issue of the attestation referred considered that the mediation proposal is rejected. 11. article. The mediation effect on bringing the term of (1) the legislation requires training period will stop when expressed in the mediation proposal. (2) the requirements for the lifting period returns as of the date of the mediation proposal is rejected or mediation under this Act is terminated. 12. article. The contract with the mediator (1) mediation initiated by written contract with the mediators. (2) contract with a mediator: 1) the consent of the parties and the mediator of the mediation; the nature of the dispute; 2) 3 the parties and the mediator's) rights and obligations; 4) mediation service pay rules and mediation costs. (3) contract with the mediators may also include other information which the parties and the mediator deems necessary. (4) the agreement in the course of the mediation by the mediator may be amended if the parties and the mediator agree. 13. article. The mediator's responsibilities and rights (1) before the commencement of the mediation the mediator explains the mediation to the parties, the mediator, mediation, the rights and obligations of participants, as well as the basic principles of mediation. (2) the Mediator conducts mediation under this law, the basic principles of mediation and the signed agreement.
(3) the Mediator may meet with both parties together or with each side separately. (4) the Mediator shall operate in the mediator's rules of professional conduct. 14. article. Agreement (1) agreement is reached and the mediation is terminated, if the parties have resolved their differences. (2) the Mediator may, at the request of the parties, to participate in a written agreement. (3) an agreement resulting from mediation the parties executed voluntarily and mutually agreed period of time, if one is provided. (4) If a mediation is terminated by agreement, the mediator shall, at the request of either party on the results of the mediation. 15. article. Termination of the mediation without the agreement (1) mediation is terminated without the agreement, if: 1) at least one of the Parties communicated to the mediator that oppose further use of mediation; 2) the mediator shall notify the parties of the mediation; 3) other reason lost the need or opportunity to use mediation. (2) If a mediation is terminated without a settlement, the mediator shall prepare a statement of the results of the mediation and shall be issued to the parties. 16. article. Resumption of mediation After the termination of the mediation the parties have the right to resume due to the same dispute.
Chapter IV the Court suggested mediation

Article 17. The Court suggested mediation (1) Court suggested mediation is a mediation, the mediator, if in the course of the proceedings, while the substance of the matter has not been completed, the parties by the Court or the judge's recommendation expressed the will to resolve the dispute through mediation. (2) the Court suggested mediation, resolving civil disputes under the law of civil procedure see judicial claims procedures. (3) in this Act, the General rules of mediation applicable in so far as the Act on civil procedures provides otherwise. (4) the judge or the Court asks the parties to choose a mediator from the list of certified mediators. 18. article. The Court suggested mediation results (1) the Court suggested mediation in reaching agreement, the parties may conclude a court settlement: 1) which comply with the provisions of the civil procedure law, to submit it to the Court and ask them to confirm; 2) waive the requirement of; 3) declare the action in whole or in part. (2) to reject the requirements due to the agreement reached in the mediation, the parties submitted to the Court proof of the results of the mediation. (3) if the Court suggested no agreement has been reached in the mediation, the mediator shall prepare a statement of the results of the mediation and shall be issued to the parties.
Chapter v certified mediator article 19. Certified mediator for sliding requirements (1) for the certified mediators can be a physical person: 1) has reached the age of 25 years; 2) is of impeccable reputation; 3) received the national recognition of the higher education of the education supporting document; 4) can the State language at the highest level; 5) has passed the mediator training course; 6) obtained the certificate of mediators. (2) for the certified mediators can not be a person who: 1) does not meet the requirements of the first subparagraph; 2) convicted of an intentional criminal offence or against whom criminal proceedings terminated for intentional criminal offence on an reabilitējoš basis; 3) is suspect or defendant in criminal proceedings; 4) in accordance with the judgment of the Court of Justice can not provide mediation services. 20. article. Mediator certification and attestation Commission (1) the Mediator certification and attestation Commission (hereinafter the Commission): 1) accept the mediator's certification examination and certified mediator certification tests; 2) give an opinion on the results of the certification or attestation of certified mediators to Council for a decision; 3) certified mediators provide an opinion to the Council in article 26 of this law. (2) the Commission shall set up a Council of certified mediators for three years. Panelists include: 1 representative of the Ministry of Justice); 2) District (City) Court judge and judge of the District Court; 3) University academic staff representative; 4) two representatives of the Council of certified mediators. (3) the President of the Commission has certified mediators Council representative. (4) the Commission's rules of procedure and competence determined by the Cabinet of Ministers. (5) the Commission's opinion is not appealable. 21. article. Certification and attestation (1) Mediator certification task shall, upon application to the Council of certified mediators are entitled to sort candidates who comply with this law, article 19, first paragraph — paragraph 5 1 requirements and which is not subject to the same article in the second part of the restrictions. (2) the Mediator certification and certified mediator certification tests organised by the Council of certified mediators. (3) If the mediator passed the certification test, certified mediator, the Council, on the basis of the opinion of the Commission, shall decide on the issue of the certificate. (4) the Mediator's certificate approved by the Cabinet of Ministers. (5) a certified mediator certification to be carried out at least every five years. (6) a candidate application procedures, certification and certified mediator mediator certification tests and procedures, as well as certification and attestation fees determined by the Cabinet of Ministers. (7) the decision of the Council of certified mediators about certification or attestation test results due to the test during the it policy violations that could affect the rating, a month after certification or attestation of notification of the results of the test can be a challenge when submitting the application to the Ministry of Justice. (8) the decision of the Ministry of Justice during the month may appeal to the Administrative Court in the process of regulatory legislation. 22. article. Certificate of dissolution (1) the certificate ceases if a certified mediator: 1) provided false statements to get a certificate; 2) found guilty of intentionally committing a crime or criminal proceedings against him ended on an intentional criminal offence on an reabilitējoš basis; 3) in accordance with the judgment of the Court of Justice can not provide mediation services; 4) submitted to the Council of certified mediators certified application for termination of duties of mediators; 5) substantially violated the regulatory activities of certified mediators the mediators of the regulations or the rules of professional conduct; 6) is not sorted or not passed the attestation examination; 7) is dead. (2) the decision on the termination of the certificate, shall be adopted by the Council of certified mediators based on certified mediator submissions or information received from the courts, the investigating authorities or other competent authorities or persons, or to the Commission's opinion of this law, article 26 referred to in the third subparagraph. (3) a certified mediator of the Council decision on the termination of the certificate during the month can be a challenge when submitting the application to the Ministry of Justice. (4) the decision of the Ministry of Justice during the month may appeal to the Administrative Court in the process of regulatory legislation. 23. article. Certificate suspension (1) If a certified mediator in criminal procedure for intentionally committed criminal offence considered suspects or accused, his action is suspension of the certificate from the moment when the Council of certified mediators received the driver notice process (information), to the final settlement of the criminal law for the criminal proceedings. (2) a certified mediator, the Council may suspend the certificate of operation of the mediators also article 26 of this law in the case referred to in the first paragraph. (3) the decision on the suspension of the certificate may be challenged by submitting the submissions to the Ministry of Justice. The decision of the Ministry of Justice during the month may appeal to the district administrative court administrative processes governing law. The administrative decision of the District Court is not appealable. The decision on the suspension of the certificate the opposition or appeal shall not suspend the operation of this decision to the date of entry into force of the final ruling in the case. (4) the Mediator's certificate activity recovered if entry into force of the decision on termination of the criminal proceedings on the basis of personal circumstances, or reabilitējoš the Commission Council of certified mediators delivered this law, article 26, fourth subparagraph, of that opinion. 24. article. Certified mediator by the general meeting (1) the general meeting of certified mediators is a certified mediator of the self-governing institution with voting rights participating in the certified mediators. (2) a certified mediator: 1) the general meeting approves the regulations of the general meeting of certified mediators; 2) of certified mediators to elect the members of the Council of certified mediators; 3) confirms the Council of certified mediators rules; 4) approved certified mediators code of ethics; 5) examine other certified mediators work organisation issues; 6) heard reports on the work of the Council of certified mediators. (3) certified mediators meeting at least once a year when convened by the Council of certified mediators. (4) the general meeting of certified mediators are empowered to take decisions if at least one half of the total number of certified mediators meeting for the duration of the day. (5) If a certified mediators due to lack of a quorum at a general meeting is not likely to elect the Council of certified mediators, certified mediator, the President of the Council, not later than the month of the arrange for certified mediators meeting. If it arrives less than half of all certified mediators, new elections would be held and certified mediators Council retain their powers until the next annual general meeting. 25. article. Council of certified mediators

(1) a certified mediator in the Council of five members, who are elected for three years by the general meeting of certified mediators. (2) the Council of certified mediators are autonomous self-governing body governed by public law. (3) a certified mediator, the Council performs the following tasks: 1) provides a certificate to the mediators who passed the certification test; 2) organized by the mediator certification and attestation of certified mediators tests; 3) sorts the list of certified mediators; 4 monitor the quality of mediation), when considering complaints about certified mediator; 5) certified mediator and representative opinion on relations with State and local authorities, other institutions and officials, as well as provide opinions to the legislative issues related to mediation and mediation practice issues; 6) other functions set out in this law. (4) Council of certified mediators, making the third part of this article these tasks, have the right to request and receive from a certified mediator, the person who wants to become a certified mediator, and the national authorities in this statutory news and documents. 26. article. For certified mediators handling complaints (1) the Council of certified mediators received a complaint about a certified mediator activity regulatory legislation or rules of professional conduct of mediators, in cases where the specified infringements under this law, the first paragraph of article 22, paragraph 5, could be the basis of the certificate of termination of the mediator, the complainant submitted to the Commission for an opinion. (2) the Commission shall evaluate the conditions set out in the complaint and shall give an opinion to the Council of certified mediators. (3) if the Commission is satisfied that a certified mediator seriously violated the regulatory activities of certified mediators the mediators of the regulations or the rules of professional conduct of certified mediators, the Council shall decide on the termination of the certificate of mediators. (4) if the Commission is satisfied that the infringement has not been or is not relevant to the infringement found, the Board of certified mediators can explain his action certified mediators are not correct.
Transitional provisions 1. Mediators, which certificates issued before the date of entry into force of the Act, to be included in the list of certified mediators only upon certification according to the provisions of the Cabinet of Ministers issued in accordance with this law. 2. the provisions of chapter IV of this law on the Court would recommend mediation shall enter into force on January 1, 2015. 3. The Cabinet of Ministers until 2014 1 august issue of article 20 of this law in the fourth paragraph, and article 21, the fourth and the sixth part of these provisions. 4. "the mediation Council," no later than 2014 October 1 organized first certification examination and the mediator not later than 2014 1 November asked the Justice Minister to convene the first meeting of certified mediators. 5. The Minister of justice until 2014-December 1, shall convene the first meeting of certified mediators.
Informative reference to European Union directive included provisions in the law arising from the European Parliament and of the Council of 21 May 2008 the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters. The Parliament adopted the law in 2014 May 22. The President of the Parliament instead of the President s. Āboltiņ in Riga March 2014, 4 June