What is Act No. 202 / 2012 Coll.?

Act No. 202 / 2012 Coll., on Mediation and on the Amendment of Certain Acts (Act on Mediation) — Law on Mediation and on the amendment of certain laws (Law on Mediation).

When it became Act No. 202 / 2012 Coll. effectiveness?

Act No. 202 / 2012 Coll. became effective 01.09.2012.

Is Act No. 202 / 2012 Coll. still valid?

Yes, Act No. 202 / 2012 Coll. is still valid and effective.

How many times was it Act No. 202 / 2012 Coll. amended?

Act No. 202 / 2012 Coll. has 4 time versions of the text.

Act No. 202 / 2012 Coll. - Law on Mediation and on the amendment of...

202

THE LAW

of 2 May 2012

on mediation and amending certain laws (Mediation Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

MEDIATION

HLAVA I

MEDIATION PERFORMANCE

§ 1

Subject matter

This law regulates the performance and effects of mediation by registered mediators (hereinafter referred to as the "mediator ').

§ 2

Basic concepts

For the purposes of this Act:

(a) a mediation procedure in the resolution of the conflict involving one or more mediators who support communication between persons involved in the conflict (hereinafter referred to as "the conflict party") in order to help them achieve a friendly solution to their conflict by concluding a mediation agreement;

(b) family mediation of mediation aimed at resolving conflicts arising from family relations;

(c) by a mediator, a natural person entered in the list of mediators (hereinafter referred to as the list);

(d) a Member State of the European Union, another State constituting the European Economic Area and the Swiss Confederation,

(e) a contract of mediation in writing between the parties to the conflict and at least one mediator of mediation,

(f) by mediation agreement, a written agreement between the parties to the conflict concluded in the framework of mediation and governing rights and obligations between them.

§ 3

Basic provisions

(1) If, during mediation, the effects of initiating mediation continue to arise. The Party that transferred its rights shall notify the other Party without undue delay.

(2) In the course of mediation, if the mediator is suspended from the mediator's work or removed from the list, the effects of initiating mediation shall continue until the parties to the conflict have heard of this, but for a maximum period of 3 months. Those who have been suspended from the list or who have been removed from the list shall immediately inform the parties to the conflict.

(3) Only parties to the conflict are responsible for the content of the mediation agreement.

(4) Prior to the start of mediation, the mediator shall be obliged to instruct the parties to the conflict about its status in mediation, the purpose and principles of mediation, the effects of the mediation contract and the mediation agreement, the possibility of termination at any time, the reward of the mediator for mediation and the costs of mediation. The mediator is obliged to explicitly inform the parties to the conflict that the initiation of mediation is without prejudice to the right of the parties to seek the protection of their rights and legitimate interests by judicial means and that only the parties to the conflict are responsible for the content of the mediation agreement.

§ 4

Initiation of mediation

(1) Mediation is initiated by the conclusion of a mediation contract.

(2) The mediation contract shall contain at least:

(a) the designation of the parties to the conflict;

(b) the name and, where applicable, the name, surname and address of the mediator's place of business;

(c) the definition of the conflict which is the subject of mediation;

(d) the amount of the mediator's remuneration for the mediation or the method of determining the mediation or, where applicable, the advance arrangement or the arrangement that the mediation will be made free of charge;

(e) the period during which mediation is to take place or the arrangement that mediation is to take place for an indefinite period.

§ 5

Rejection of mediation

(1) The mediator refuses to enter into a mediation agreement if, in view of its relationship with the parties to the conflict or their representatives, there is reason to doubt its bias.

(2) The mediator may refuse to conclude a mediation contract if the necessary trust between him and one of the parties to the conflict is undermined.

§ 6

Termination of mediation

(1) The mediator shall terminate the mediation already commenced if:

(a) there is a reason to doubt his bias in accordance with Article 5 (1); or

(b) the parties to the conflict with the mediator have not met for more than 1 year.

(2) The mediator may terminate the mediation already initiated on the grounds referred to in Article 5 (2), or, if one of the parties to the conflict has not lodged an agreed advance.

(3) Mediation ends

(a) by concluding a mediation agreement;

(b) by delivering a written statement by the mediator to all parties to the conflict that mediation is terminated for any reason referred to in paragraph 1 or 2;

(c) the moment the mediator is delivered to the other parties to the conflict by a written declaration by one of the parties to the conflict that he will no longer continue mediation;

(d) a written statement by agreement between all parties to the mediation termination agreement signed by the mediator;

(e) the expiry of the period laid down in the mediation contract;

(f) suspension of authorisation to perform the activity of a mediator or removal of a mediator from the list;

(g) death, declaration of death or destruction of one of the parties to the conflict; or

h) death of a mediator or his declaration of death.

§ 7

Mediation Agreement

The mediation agreement is concluded by all parties to the conflict. In addition to the signature of the parties to the conflict, its date of conclusion, supplemented by a mediator, and its signature confirming that the mediation agreement was concluded in the context of mediation.

§ 8

Performance of mediator activities

(1) The mediator is obliged

(a) conduct mediation in person, independently, impartially and with appropriate professional care;

(b) respect the views of the parties to the conflict and create conditions for their mutual communication and for finding a solution which takes into account the interests of both parties and which, where the subject matter of the conflict directly concerns the rights of a minor child, takes particular account of the interests of the child;

(c) without undue delay, inform the parties to the conflict of any facts for which, in view of their relationship with the matter, with the parties to the conflict or with their representatives, there may be reason to doubt its unbiased nature;

(d) confirm by signing the mediation agreement concluded by the parties to the mediation and indicate the date on which the mediation agreement was concluded;

(e) issue, upon request, to the parties of the conflict a confirmation of when a declaration pursuant to Article 6 (3) (b) or (c) has been delivered to the parties of the conflict;

(f) in the event of an ordered meeting, issue confirmation to the parties to the conflict that they have fulfilled the obligation to meet the mediator;

(g) issue to the parties at the end of mediation, upon request, a confirmation that they have concluded a mediation agreement and in what matters,

h) deliver to the other parties to the conflict a written statement by one of the parties to the conflict that the mediation will not continue;

(i) continuously educate and deepen their expertise for the proper performance of the mediator's activities.

(2) The mediator may not provide legal services under another legislation in respect of a conflict in which he leads or leads mediation or takes steps to prepare mediation, even if he is otherwise entitled to provide it. A legal service shall not be regarded as an expression of the mediator's legal opinion during mediation on the matter of the parties to the conflict or any part of it.

(3) The mediator is entitled to carry out mediation or similar activities only under the conditions laid down by this law.

§ 9

Obligation to keep the media confidential

(1) The mediator is obliged to remain silent about all the facts which he has learned about the preparation and performance of mediation, even after removal from the list. This applies even if no mediation contract has been concluded.

(2) Only all parties to the conflict may waive the duties of confidentiality. The death, the declaration of death or the demise of one of the parties to the conflict goes beyond the right to exonerate the mediator of secrecy from her legal successor.

(3) The obligation of confidentiality shall not be bound by the mediator to the extent necessary for proceedings before a court or other competent authority where the dispute arising from the exercise of the activity of the mediator between him or the party to the conflict, or by his successor in title, and to the extent necessary for his defence in the exercise of his or her supervision of the activity of the mediator or in disciplinary proceedings.

(4) The obligation of confidentiality of the mediator shall apply mutatis mutandis to persons involved in the preparation and conduct of mediation with the mediator.

(5) He who is a mediator under the legislation of another Member State must not be forced to breach the obligation of confidentiality to the extent that he is required by the laws of another Member State on the basis of which he provides his services.

§ 10

Remuneration and reimbursement of costs of the mediator

(1) The mediator is entitled to the agreed remuneration for the mediation carried out and to reimbursement of the agreed expenditure. In particular, the costs of travel, postal charges and the costs of producing copies and copies are already incurred. The mediator may request from the parties to the conflict a reasonable advance on the remuneration of mediation and reimbursement of the agreed expenditure.

(2) Unless otherwise agreed in the mediation contract, the parties to the conflict shall pay the mediator's remuneration for the mediation carried out and the reimbursement of its final expenses agreed equally.

(3) Where the court has ordered the parties to the proceedings a first meeting with the mediator and the parties to proceedings with the mediator have not otherwise assessed, the mediator shall be remunerated under the implementing legislation. This reward is paid equally by the parties to the conflict.

(4) Where the mediator is a payer of value added tax, the remuneration for the mediation carried out and the reimbursement of the final expenses shall also be the compensation for the value added tax which the mediator is obliged to pay for the remuneration and reimbursement of the final expenses.

§ 11

Marking of the mediator

The mediator shall use the term "registered mediator" or "registered mediator" when performing the mediator's activity. The term "registered mediator 'or" registered mediator', or their derived form of words, shall not be entitled to use another person.

§ 12

Service

The obligation of the mediator or the parties to the conflict to deliver a document to each other under this law shall be fulfilled if it is delivered via a public data network to the addressee's data box, to the address specified in the mediation contract or to the address, including by electronic means, which the parties to the conflict will communicate to the mediator for the purpose of service. The document shall be deemed to have been delivered even if the addressee has not been informed of the service due to circumstances on his part.

HLAVA II

MEDIATION ORGANISATION

§ 13

Supervision of mediator activities

The Ministry of Justice (hereinafter referred to as "the Ministry '), pursuant to another legislation1, oversees compliance with the obligations imposed on the mediator by this Act; That doesn't apply if the mediator is a lawyer.

§ 14

Authorisation to perform mediator activities

Only a listed person shall be entitled to provide the services of a mediator unless the right to exercise the duties of a mediator has been suspended, unless otherwise provided for in this law.

§ 15

List

(1) The list is a public administration information system managed by the Ministry.

(2) For each person, the information provided and duly substantiated by the applicant in accordance with § 17 or § 19 in the application for entry in the list and any amendments thereto pursuant to § 18 shall be entered in the list. Further write

(a) the identification number of the person assigned by the administrator of the basic register of persons;

(b) the date of entry in the list;

(c) the date of suspension or termination of the authorisation to perform the activity of the mediator;

(d) the date on which the mediator is removed from the list.

(3) The information in the list is public, except for the date of birth and address of the permanent residence. The Ministry publishes public information on its website.

§ 16

Conditions of registration

(1) The Ministry shall, upon request, list a natural person who:

(a) is eligible for legal action;

(b) is fair,

(c) obtain higher education in a Master's degree or in a follow-up Master's degree programme in the Czech Republic, or receive similar higher education abroad, provided that the international agreement to which the Czech Republic is bound provides for the recognition of such education or which has been recognised under another legislation;

(d) have passed the mediator's examination or been recognised as having been qualified under another legislation (2); and

(e) has not been deleted from the list in the last five years prior to the application in accordance with the procedure laid down in Article 22 (4).

(2) For the purposes of this law, those who have been convicted of a judgment

(a) an intentional offence; or

(b) the offence committed by negligence in connection with the performance of the activity of the mediator.

(3) In order to demonstrate the integrity of the applicant, the Ministry shall request an extract from the Register of Penalties.

(4) In order to demonstrate integrity, an applicant who is a citizen of another Member State or a natural person referred to in another legislation2), an extract of the criminal record or an equivalent document issued by the competent judicial or administrative authority of that State or of the Member State of last residence shall be accompanied; where the Member State of the last stay is the Czech Republic, the procedure laid down in paragraph 3 shall be followed. If that State does not issue an extract of the criminal record or an equivalent document, the applicant shall submit a declaration of integrity. Such documents shall not be more than 3 months old.

(5) In order to demonstrate integrity, the applicant who is a citizen other than a Member State shall attach an extract of the criminal record or an equivalent document issued by the State of which he is a citizen. If that State does not issue an extract of the criminal record or an equivalent document, the applicant shall submit a declaration of integrity. Such documents shall not be more than 3 months old.

§ 17

Application for registration

(1) The applicant shall indicate in the application for entry in the list:

(a) the name and, where applicable, the name, surname, date of birth, address of permanent residence and address of place of business;

(b) the identification number of the person, if any,

(c) the address for service of documents in the territory of the Czech Republic, if different from the address of the place of permanent residence or the address of the place of business, or, where applicable, the electronic address for service of documents;

(d) other contact details, in particular telephone, fax, e-mail address, address of another place of activity different from the address of the place of business and details of the further education achieved, where the applicant requests them to be included in the list;

(e) whether it requests to be included in the list of family mediation;

(f) the language in which mediation is provided.

(2) The application for inclusion in the list shall be accompanied by:

(a) a certified copy of the document proving compliance with the educational condition referred to in Article 16 (1) (c);

(b) a certified copy of the document referred to in Article 16 (4) or (5), where the applicant is concerned under those provisions;

(c) a copy of the certificate of examination of the mediator not more than 3 years of age, or a certified copy of the decision to recognise the qualification under another legislation (2);

(d) a copy of the certificate of completion of the family mediation examination not more than 3 years of age, or a certified copy of the decision on the recognition of qualifications under another legislation2) where the applicant requests to be included in the family mediation list;

(e) a certified copy of the evidence of the educational attainment, if the applicant requests to include in the list information on the further educational attainment.

(3) As the address of the place of business, the mediator is obliged to indicate the place where he will actually and predominantly carry on his business.

§ 18

Changes to the registered data

(1) The mediator shall notify the Ministry without undue delay, but no later than 15 days, of changes to the data referred to in Article 17 (1) (a). The Ministry shall enter these changes on the list without delay.

(2) At the request of the mediator, the Ministry shall immediately enter in the list the data referred to in Article 17 (1) (c) to (f) or delete them or amend them. Where the mediator requests registration of a focus on family mediation or data on further education or its change, Paragraph 17 (2) (d) and (e) shall apply mutatis mutandis.

§ 19

Visiting mediator

(1) The activity of a mediator may be carried out temporarily or occasionally in the Czech Republic as a visiting mediator under the conditions laid down by this Act by a national of another Member State or by a natural person referred to in another legislation2).

(2) The Ministry shall, without undue delay, enter in the list as visiting mediator the person who submits a certified copy of the document confirming that he is a person referred to in paragraph 1 and that, in accordance with the legislation of another Member State, he carries out an activity comparable to that of the mediator, and an affidavit stating that he has not been withdrawn or temporarily suspended in the Member State. For the purposes of entry on the list, that person shall enter the particulars referred to in Article 17 (1) and indicate that he is requesting entry as a visiting mediator.

(3) The activity of the visiting mediator in the Czech Republic is governed by the law of the Czech Republic. The visiting mediator shall be entitled to provide the services of the mediator in accordance with this Act within the territory of the Czech Republic from the moment he provides the Ministry with the documents and particulars provided for in paragraph 2.

§ 20

(1) An application for registration, including a guest mediator's registration or amendment, shall be submitted and the change to the registered data referred to in Article 18 (1) shall be notified by means of forms published by the Ministry on its website.

(2) The Ministry shall issue to the mediator, without undue delay, a certificate of entry in the list containing the name or, where applicable, the name, surname of the mediator, the date of birth, the address of the place of business and the date of entry in the list.

§ 21

Suspension of authorisation

(1) The right to exercise the duties of mediator shall be suspended:

(a) the date on which the mediator indicates in the application for suspension the authorisation to carry out the activity of the mediator, but first on the date of entry of the suspension in the list; or

(b) the date on which the suspension imposed under the Law on Advocacy was entered in the list.

(2) The suspension of the authorisation to exercise the activity of the mediator referred to in paragraph 1 (a) shall cease on the date on which the mediator who has suspended the authorisation to exercise the activity of the mediator submits an application for renewal of that authorisation.

(3) The suspension of the authorisation to carry out the activity of the mediator referred to in paragraph 1 (b) shall cease on the date on which the period during which the activity was suspended has expired.

§ 22

Termination of authorisation

(1) The right to exercise the activity of a mediator shall cease and the Ministry shall remove the mediator from the list if the mediator:

(a) died or was declared dead;

(b) he has been deprived of legal capacity or legal capacity at the date of the acquisition of legal power by a court which has been deprived of legal capacity or whose legal capacity has been restricted; or

(c) no longer fulfils the conditions of integrity laid down in Article 16 (2); this does not apply if the visiting mediator is involved.

(2) The Ministry shall decide to remove the mediator from the list if:

(a) a mediator who has been suspended in accordance with Article 21 (1) (a) shall not submit an application for renewal within 5 years of the suspension of the authorisation to perform the activity of the mediator;

(b) the mediator has submitted a request for removal from the list to the Ministry; the mediator shall be deleted from the list on the last day of the calendar month following the month in which the request was received;

(c) the host mediator has been deprived by another Member State of the authorisation to carry out an activity comparable to that of the mediator; the visiting mediator shall be removed from the list at the date of the legal authority of this Decision; or

(d) has been entered in the list although it did not meet any of the conditions for entry in the list.

(3) The mediator shall notify the Ministry of the facts which justify his removal from the list referred to in paragraph 2 (c) and (d), no later than 15 days after the date on which he became aware of them.

(4) The Ministry will decide to remove the mediator from the list if the mediator has seriously or repeatedly infringed the duties of the mediator laid down by this Act despite the Ministry's written notice.

§ 23

Mediator test

(1) Within 6 months of the receipt of the request, the Ministry will allow each applicant to pass the mediator's examination, who will pay a fee for admission to the mediator's examination of CZK 5,000; This does not apply if the applicant is a lawyer.

(2) Within 6 months of receipt of the request, the Ministry will allow the person who passed the mediator's examination and paid the fee for the admission to the family mediation test of CZK 5,000.

(3) Any person who has failed the mediator's examination or family mediation examination may, within 30 days of the date of its performance, request the Ministry to allow him to repeat it. The Ministry will allow a repetition of the relevant exam not earlier than 6 months after the date of the exam in which the applicant failed and after payment of the additional fee for admission to the mediator test of CZK 5,000 or after payment of the additional fee for admission to the family mediation test of CZK 5,000; tests can only be repeated twice.

(4) Any person who has failed to pass one of the tests within the time limit referred to in paragraph 3 or who has failed to pass one of the tests even in its second repetition may submit a new application for the test only after 3 years from the date of the last test.

(5) The application for the examination shall be made by means of a form published by the Ministry on its website.

(6) For applicants who are lawyers, he provides examinations of the mediator of the Czech Bar Association according to the Law on Lawyers.

(7) The content of the tests shall be the verification of the expertise and skills required for the performance of the mediator's activities, in the field of mediation and other means of extrajudicial dispute resolution, including relevant legislation, mediation techniques, fundamental human rights and freedoms, civil, commercial and labour law, family law, consumer protection, civil law and procedural and fundamental psychology and sociology.

(8) The implementing legislation shall lay down the formalities for the examination of the mediator and for the examination of family mediation, including those for the application for the examination, the method of appointment of the examination Commissioners and the method for carrying out the tests.

§ 24

Scope of the Ministry

(1) Ministry

(a) carry out tests on mediators;

(b) keeps a list;

(c) entering the applicant in the list, suspending the authorisation to carry out the activity of the mediator and removing the mediators from the list;

(d) issue a certificate of entry to the list to the mediator;

(e) entering data and changes to data in the list;

(f) supervise the activities of mediators pursuant to Article 13;

(g) publish forms for applications for registration or amendments to the list, for notification of changes to the list and for requests for testing;

(h) exchange information on the activity of the visiting mediator and on measures of a criminal or administrative nature with the competent authorities of other Member States.

(2) The Ministry will issue a decree implementing Sections 10 (3) and 23 (8).

HLAVA III

TRANSFERS

§ 25

Transfers of natural persons

(1) A natural person commits an offence by:

Citation	Act No. 202 / 2012 Coll., on Mediation and on the Amendment of Certain Acts (Act on Mediation)
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	13.06.2012
Effective from	01.09.2012
Effective until	-
Status	Valid

Act No. 202 / 2012 Coll.

Law on Mediation and on the amendment of certain laws (Law on Mediation)

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