Law (2011:860) On Mediation In Certain Private Law Disputes

Original Language Title: Lag (2011:860) om medling i vissa privaträttsliga tvister

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2011:860

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.