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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in Bulgaria: Legal Regime, EU Harmonisation and Practical Experience

Mediation in Bulgaria: Legal Regime, EU Harmonisation and Practical Experience

(p.333) Chapter 5 Mediation in Bulgaria: Legal Regime, EU Harmonisation and Practical Experience

Evgen Georgiev

Christa Jessel-holst

Oxford University Press

Mediation in Bulgaria was first regulated in the Mediation Act of 2004, which has subsequently been amended on several occasions. In 2011, this Act was harmonised with EU Directive 2008/52/EC. Mediation is still in its infancy stage. It is based on the well-known principles of voluntary recourse and equal treatment; neutrality and impartiality of mediators; and confidentiality. The promotion of mediation mainly relies on the individual efforts of mediators and some judges. There are no direct incentives for mediation, but if a case is settled through mediation and the court approves the settlement, the plaintiff receives back reimbursement of half of the court fee. Mediation agreements are not enforceable per se, but since the reform of 2011 parties can ask the court to approve a settlement even when there is no pending law suit.

Keywords:   mediation, Bulgaria, Mediation Act 2004, court, EU harmonisation, settlement

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