Scope of application
section 1 of this Act concerning mediation in civil and commercial disputes where
conciliation on the matter is permitted.
The law does not apply to such mediation or
settlement activities that take place in Sweden in the framework of a
case or case to the Court, other authority or
Arbitration Board. The law does not apply to the conciliation activities in
foreign court.
2 § has a mediation agreement been entered into abroad 7 –
12 sections only if at the time the mediation began
1. all the parties were domiciled or habitually resident
in Sweden, or
2. one of the parties was domiciled or habitually resident in
another Member State of the European Union than any of the other
the parties, and neither party had his domicile or usual
place of residence in Denmark.
Established pursuant to the first subparagraph shall be determined in accordance with
articles 59 and 60 of Council Regulation (EC) No 44/2001 of
22 december 2000 on jurisdiction and the recognition
and enforcement of judgments in civil and commercial matters.
Definitions
section 3, for the purposes of this law
mediation means a structured process by which two or
several parties with the help of a third party (the mediator)
voluntarily seeking to resolve a dispute,
mediation agreement: a written agreement that is
the result of the mediation, including an obligation for the
some of those who signed the agreement.
section 4 of the Mediation shall for the purposes of this Act be deemed commenced when
1. the parties have agreed to mediation then a dispute arose,
2. the obligation to participate in mediation were raised by law
or regulation, or
3. foreign court has decided if mediation or asked
Parties to participate in mediation.
Professional secrecy
§ 5, a mediator and a counsel to the mediator must not
unauthorised disclosure or use what he or she has a
aware of in connection with mediation.
Its impact on limitation and prescription periods
section 6, A period for commencing proceedings or a limitation period which runs at the
time mediation began, and that applies to the thing that
the mediation relates to expire no sooner than one month after the completion of
mediation, unless otherwise provided by the Swedish International
commitments.
Declaration of enforceability
section 7 an application to a court to explain a
mediation agreement enforceable
(enforceability) are made by the parties who have entered into
agreement or by any of them with the other
parties ' consent.
section 8, an application for a declaration of enforceability shall be submitted to the
the District Court in whose district one of the parties has its
resident.
If there is no jurisdiction pursuant to the first subparagraph,
is Värmlands District Court of competent jurisdiction.
§ 9 an application for a declaration of enforceability shall be
written and contain
1. the indication of the name and address of the applicant as well as the corresponding
data for other parties in the mediation agreement,
2. the indication of the name and address of the representative,
3. information demonstrating that the Court has jurisdiction,
4. indication of the parties ' domicile or habitual residence in the
the time mediation began, if the mediation agreement
concluded abroad, as well as
5. a description of the issues that
the arbitration agreement was concluded and the mediation which has led
to the agreement.
The application shall be attached to the
1. the arbitration agreement in the original or a certified copy,
2. certificate from the mediator that he or she has mediated between
the parties and the mediation agreement is the result of
This mediation, as well as
3. certificate from the parties to the arbitration agreement that is not
applicants that they agree that the application is made.
The application and the documents to be attached to the application shall be
written in Swedish or be submitted along with a
translation into Swedish, unless the District Court is of the opinion that the
is unnecessary.
The applicant shall pay the prescribed application fee.
paragraph 10 of The Declaration of enforceability shall be notified, if
the mediation agreement includes a commitment by such
types that it can lead to enforcement in Sweden.
section 11 of the Court shall notify the parties in
the conciliation agreement on the decision that means the case if
enforceability is determined.
section 12 at the court handling cases on
enforceability applies otherwise Act (1996:242) if
Court cases.
Transitional provisions
2011:860
1. this law shall enter into force on 1 August 2011.
2. the provisions of paragraphs 7 to 12 shall not apply to
conciliation agreements concluded before May 21, 2011.