Mediation in civil cases
Several other methods for resolving disputes in civil cases exist in addition to judicial proceedings. These include mediation and arbitration. A civil case can be resolved by mediation instead of a court hearing if both parties to the case agree to it.
As a process, mediation is usually faster, more affordable and more flexible than a full court hearing. In addition, the parties have control over the mediation process and any settlement terms. It is important that both parties truly want to resolve the dispute.
Mediation at a court
District courts mediate both civil cases and petitionary matters. Both plaintiffs and defendants can request mediation with a freeform application. They can also request mediation even if the case is already pending at a court. A judge may also suggest mediation.
The decision to start mediation is made by the relevant district court. A court fee is collected for mediation, but it is lower than the fee collected for court hearings. More information on mediation (tuomioistuimet.fi).
Mediation outside courts
Disputes can also be resolved by mediation outside courts. For example, the Finnish Bar Association has its own mediation process. Consumer Advisory Services provides mediation in disputed related to consumer protection.
If the parties of a dispute reach an understanding through mediation outside courts, a district court can confirm the agreement on petition. In this case, the agreement becomes enforceable and any damages agreed can be collected by the enforcement authority, for example.
If an agreement pertaining to the maintenance, visitation rights or support of a child is made outside the courts, it is usually confirmed by a child welfare supervisor of social services.
More information