Our Spanish face, Laura Lozano writes that the Czech Republic finally transposed the Directive 2008/52/EC on mediation in civil and commercial matters which became effective on 1 September 2012. There was a significant delay as all the members states should have transposed it before 21 May 2011(not very surprisingly Spain was also delayed). Until now the Czech mediation law was regulated under the context of criminal victim–offender cases, by the Law on the Probation and Mediation Service, therefore this is a big step for Czech Republic.
Regarding the new legal regime introduced by the Act, it should be highlighted that
· There is an obligatory character of the first mediation session, if it is ordered by a court.[1] The first mediation will be limited by a 3 hour maximum.
· Mediators must be registered. A university degree as well as a masters and passing a Mediator’s exam will be required.
· Administrative sanctions for mediators are introduced. People using the title of “registered mediator”, not preserving confidentiality or documentation may face fines up to EUR4,000.[2]
We are glad to see that many countries are taking steps to encourage mediation, but still we have serious concerns regarding the compulsory mediation, which is still not common in Europe, with the exception of Italy. Mediation should be based on the universal principle of VOLUNTARINESS. Time will tell us how ADR develops in Czech Republic, but still the regulation of mediation is always good news to share.
[1] Section 100(3) of the Civil Procedure Code
[2] Sections 25 and 26 of the Act