The National Assembly adopted on second reading amendments to the Mediation Act regulating judicial mediation in pending court cases. The changes will come into force on 1 July 2024.
Under these amendments, the court shall require parties to a pending lawsuit to participate in a first mediation session. Parties may participate in mediation only once in a proceeding.
When the dispute is the subject of a pending lawsuit, the agreement is subject to the approval of the court hearing the case, including when the parties have agreed on matters outside the subject matter of the lawsuit.
The mediation procedure in a pending court case, which takes place in a court mediation centre attached to the courts, is terminated after two months from the start of the procedure or if the parties fail to reach an agreement. By common agreement of the parties, the procedure may be continued beyond that date, but not later than six months from its commencement.
By amendments to the Code of Civil Procedure, the Parliament wrote down the obligation for the court to pay from its budget the costs in a mediation procedure held within the general duration of the Mediation Act. The party who refused to participate in person or by proxy in the first meeting in a mediation procedure ordered by the court is liable for the fees and costs of the case in the appropriate instance. In cases in which no first meeting is held because of the refusal of both parties, the fees and costs shall remain with them and shall be paid by them equally.
The court may oblige the parties to participate in a mediation procedure when a request for divorce under the Family Code has been made; when resolving disputes concerning the exercise of parental rights, the child's residence, personal relations with the child and the child's support; modification of measures relating to the exercise of parental rights, etc.