What is court mediation?

In district courts, mediation may be conducted in civil and petitionary matters. Mediation is an alternative to a trial. The mediator is a judge of the court. The purpose of the mediator is to assist the parties in resolving their dispute in a manner that satisfies both the parties. Mediation serves the needs of the parties, and the settlement is not thus directly based on the application of law.

If special expertise is needed in the matter to be mediated, the mediator may use the help of an expert assistant with the parties' consent.

Mediation is always voluntary, which is why commencement of mediation requires that all the parties to the dispute consent to it. Mediation also requires that the matter is amenable to mediation and that a settlement is appropriate in view of the claims of the parties. The court decides whether mediation is to be commenced.

Mediation is confidential, which means that the mediator must not disclose contents of the mediation to any third parties and especially not to the judge dealing with the matter in a subsequent trial. No minutes shall be drawn up on the mediation, and the discussions conducted during the mediation are not recorded.

Published 25.7.2019