MEDIATION brings an opportunity to resolve your dispute out of court quickly, cheaply and to the satisfaction of both parties.

Mediation is one of the ways of alternative dispute resolution. It takes place with the participation of a third impartial party - a mediator, who helps the parties to overcome the conflict and to find a solution acceptable for both of them.

Compared to judicial proceedings mediation offers many advantages:

• TIME SAVINGS: Mediation saves time as it is significantly faster than judicial resolution. Unlike judicial proceedings, which can take years, mediation allows finding a solution from days to weeks.
• MONEY SAVINGS: Mediation also saves money, as parties do not have to incur additional costs associated with judicial proceedings.
• THE SOLUTION LIES IN HANDS OF THE PARTIES OF MEDIATION: The aim of mediation is, with the help of a mediator, to find a solution for the future, which will be maximally satisfactory to both parties and will take into account their interests, needs, and capabilities (in the case that the mediation shall directly concern the rights of a minor child, the solution will also consider interests and needs of the minor). The participants will thus decide on their matter themselves, not the court, thus eliminating the uncertainty often associated with judicial decisions. On the other hand, the aim of mediation is not to find a culprit, so no evidence gathering takes place during it.
• PRIVACY: Mediation offers participants the opportunity to discuss their matter in privacy, without court interference, only in the presence of a mediator who manages the process, the parties, and possibly their legal representatives, whereas other individuals may participate in a mediation meeting only with the consent of both parties.
• IMPARTIALITY AND CONFIDENTIALITY OF THE MEDIATOR: The mediator is an impartial person who (in the case of a registered mediator) is legally bound to maintain confidentiality about all facts related to the preparation and performance of mediation, even if the mediation is not initiated.
• VOLUNTARINESS: Mediation is a voluntary process that starts by conclusion of a contract on performance of mediation and can be unilaterally terminated by any party at any time without justification.
• TIME AND PLACE FLEXIBILITY: Mediation meetings take place at locations and times agreed upon by the parties and the mediator.
• GOOD RELATIONSHIPS IN THE FUTURE: Mediation allows the parties to hear and understand each other, and has great potential for restoring or establishing good relationships between the parties in the future, or at least, might contribute to good communication between the parties in the future. 

The mediation might be helpful in:

• divorce, property settlement of spouses or co-owners
• care of minors (alimony, custody rights, visitations rights and related issues)
• disputes related to inheritance proceedings
• neighbourhood disputes
• labour area (e.g. conflicts between an employee and an employer, conflicts between employees, employment discrimination)
• business disputes (e.g. disputes between business partners, disputes between shareholders or members, disputes between partners/shareholders and members of the statutory body)
• consumer disputes (disputes between a customer and a supplier)
• other civil law disputes

The mediation is particularly suitable:

• in case of previous long-term personal or business relationships between the parties
• in case of uncertainty about the outcome of resolving the matter in the judicial proceedings (or arbitration)
• in case of significant costs associated with the conflict
•  when the resolution of the matter cannot be delayed
• when it is important to maintain the confidentiality of information related to the disputed matter

How to prepare for a successful mediation:

• Realistically assess the facts related to the dispute and the arguments of the other party.
•  Assess with the help of your lawyer your likelihood of success in judicial proceedings and the costs and time associated with these proceedings.
• Determine the best outcome you would like to achieve in mediation.
• Determine the outcome that is still worth reaching an agreement in mediation.
• Consider your options if the matter is not resolved in mediation (what would the best, the worst and the most likely solution of your situation should you not come to an agreement in mediation).

Mediator's fee:

In case of the first meeting with the mediator ordered by the court, the mediator's fee is 484 CZK including VAT for each commenced hour of this meeting, and the parties bear it equally.

In the case of initiating mediation, the mediator's fee shall be specified in the contract on performance of mediation depending on the value, complexity and character of the dispute (starting at 2000 CZK plus VAT for mediation in English for each commenced hour of mediation). The parties share it equally, unless they agree on a different payment for the mediator's fee. The mediator's cash expenses shall be included in the fee unless otherwise agreed in the contract on performance of mediation.

Each party shall bear any additional costs incurred in connection with the mediation.

Further important information regarding mediation:

If you decide to proceed with mediation, we will start it by concluding a contract on performance of mediation between you and me. The initiation of the mediation process will not prevent you from seeking protection your rights or legitimate interests in judicial proceedings (i.e. it will not impede the initiation of a judicial or arbitration proceedings or the continuation of ongoing proceedings). During the ongoing mediation with a registered mediator (i.e. from the conclusion of a contract on performance of mediation), both the period of limitation and the period of expiration of rights subject to mediation does not run.

If you find a mutual solution in mediation, this solution will be the content of the mediation agreement that you will conclude during mediation. Like any contract, the mediation agreement will be binding.

As an impartial third party the mediator shall not decide who is in the right. His role is to support the parties in finding a solution, while the content of this solution is fully in the hands of the parties. Consequently, I as mediator shall be responsible for the conduct of the mediation, however, according to the law only the parties shall be responsible for the content of the mediation agreement.

The Mediator shall refrain from providing any legal opinion of the matter, except when both parties request her for legal opinion or express their consent with the legal opinion. In such a case the Mediator shall be authorized to provide his non-binding personal legal opinion on the matter or any of its specific issue (how would be the case probably held by the judge). Such a legal opinion shall not constitute the provision of legal services.

Even though a mediation agreement is not enforceable unlike a judicial decision, enforceability can be subsequently achieved by submitting the mediation agreement to the court for approval in the form of a judicial settlement pursuant to sections 67 et seq. or 99 of Act No. 99/1963 Coll., the Code of Civil Procedure, as amended, whereby the settlement approved by the court then shall have effects of a final judgement. Alternatively, the parties may achieve enforceability of the obligation arising from the mediation agreement through a notarial deed with consent to enforceability.

In matters concerning the care of minors, a mediation agreement may serve as the basis for a parental agreement approved by the court.

If you have already initiated a dispute in court and no decision has been held in the matter yet, and if the court approves the settlement based on the mediation agreement, according to § 10 para. 7 of Act No. 549/1991 Coll., on judicial fees, as amended, you will be refunded the paid court fee reduced by 20%, but at least by 1,000 CZK. If the settlement was approved only regarding a part of the matter, the court will refund you the corresponding part of the fee.

Should you consider mediation but would need more clarification, or if you would like to discuss the suitability of mediation in your situation, please do not hesitate to contact me by email or phone.

JUDr. Bc. Veronika Weigl, Ph.D., Attorney at Law and Registered Mediator

E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it., Tel. +420 775 21 51 61

Mediation sessions usually take place at the offices located at Nové Dvory 90, 262 03, district of Příbram or at Na Příkopě 857/18, 110 00 Prague 1, but it is possible to agree on a different location anywhere in Prague, Dobříš, Příbram, Sedlčany, Benešov, and their surroundings.