MEDIATION

 

Mediation is a voluntary, confidential, out-of-court procedure in which a neutral and impartial mediator assists the parties in reaching a mutually acceptable resolution. It is based on the principles of voluntariness, equality of the parties, neutrality, impartiality and confidentiality.

Mediation may be used in civil, commercial, family, employment, property, consumer and other disputes, including disputes between business partners and issues relating to condominium management, as well as certain administrative and cross-border disputes.

The mediator does not provide legal advice, take sides or impose a solution. The parties themselves determine the terms of any agreement reached. Where necessary, lawyers, experts and other specialists may participate in the procedure.

Under the 2025 amendments to the Bulgarian Code of Civil Procedure, the court may require the parties to attend an information session on mediation in the cases specified by law. The purpose of this session is to explain the procedure and its consequences, without restricting the parties’ right subsequently to choose another mediator or to pursue out-of-court mediation.

The parties may use out-of-court mediation both for disputes falling outside the scope of mandatory mediation and for disputes for which it is prescribed. Mediation may take place from the exchange of pleadings in the case until the close of the evidentiary proceedings.

Where the parties reach an agreement through mediation, the following portions of the court fee are refunded:

  * 50% in the case of a judicial settlement;

  * 70% in the case of an agreement approved by the court;

* 85% in the case of an agreement reached at a court mediation centre following a mandatory information session.

It is important to bear in mind that mediation saves time and costs compared with court proceedings. Where an agreement is approved by the court, the parties may receive a refund of part of the court fee paid, with the amount depending on how and at what stage the dispute is resolved.

The parties themselves determine the content and form of the agreement. The agreement binds the parties to the terms they have agreed upon and, provided that it complies with the law and good morals, may be approved by the court and have the legal effect of a judicial settlement.

In the event of non-performance of a written agreement, enforcement action may be taken, provided that the statutory requirements are met.

Lawyer Petya Stoevska, Dr.Sc is a certified mediator entered in the Unified Register of Mediators maintained by the Ministry of Justice under Reg. No. 20261020001.

She assists parties in finding swift, confidential and sustainable resolutions to their disputes.