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Rules

RULESА FOR MEDIATION

General provisions

  1. Centre for dispute resolution

/1/ The Dispute Resolution Centre is part of the structure and organisation of ACADEMIA MEDIA Ltd, EIC 175216415.

/2/ The Dispute Resolution Centre brings together mediators registered in the Unified Register of Mediators at the Ministry of Justice and in the List of Mediators at the “ACADEMY MEDIATE”.

/3/ The normative basis regulating the mediation procedure is: the Mediation Act, the European Code of Ethics for Mediators and Regulation No. 2 of 15 March 2007 on the conditions and procedure for the approval of organisations that train mediators; on the procedure for the registration, de-registration and deletion of mediators from the Unified Register of Mediators and on the procedural and ethical rules of conduct of the mediator.

/4/ The Dispute Resolution Centre shall be headed by the Manager of ACADEMY MEDIATE, who may appoint his/her deputies. In relations with third parties, as well as with other bodies and structures of ACADEMIA MEDIA, the Dispute Resolution Centre shall be represented by the Manager.

  1. Objectives

The Dispute Resolution Centre was established for the following purposes:

  1. Dispute resolution through mediation.
  2. Promoting mediation as an effective, quick and cost-effective out-of-court dispute resolution method.
  3. Resolving legal disputes and overcoming conflicts through other alternative means.
  4. Organization of certification, upgrading and other complementary trainings on mediation, other alternative means of dispute resolution and conflict management.
  5. Services

The Dispute Resolution Centre at ACADEMIA MEDIA provides the following services:

  1. providing information and guidance on the nature of mediation and the conduct of mediation,
  2. administering the disputes referred for resolution through the administrative and technical organisation of the mediation procedure,
  3. assistance in the selection of a mediator from the List of Mediators maintained by the Dispute Resolution Centre at ACADEMY MEDIATE;
  4. liaising between the parties and the mediator to ensure optimal interaction between them and the effectiveness of the mediation procedure,
  5. assistance to the parties in arranging additional services during the mediation, such as translation, secretarial services, etc;
  6. administering the financial aspects of the mediation procedure,
  7. provision of premises and other technical and logistical facilities for the mediation.

  1. Mediator

The mediation at the Dispute Resolution Centre at ACADEMY MEDIATE is conducted by a mediator who meets the legal requirements for a mediator, is registered in the Unified Register of Mediators at the Ministry of Justice and in the List of Mediators at the Dispute Resolution Centre at ACADEMY MEDIATE.

  1. Entry in the List of Mediators at the Centre for Dispute Resolution “MEDIATION ACADEMY”

/1/ Entry in the List of Mediators shall be made by submitting an application form to the Manager of the Dispute Resolution Centre at ACADEMY MEDIATE. The application shall indicate the name of the person, his/her unique civil number, his/her citizenship, his/her permanent and current address, if different, address for correspondence, telephone, fax, e-mail, where the mediator has been trained and what specialization he/she has acquired, education – type and specialty, knowledge of foreign languages, other qualifications. The application shall be accompanied by a certificate of eligibility to act as a mediator issued by the Unified Register of Mediators at the Ministry of Justice.

/2/ The list of mediators: registration of new mediators and deletion, freezing of membership, is maintained and updated by the Manager and Deputy Managers of the Centre for Dispute Resolution at “ACADEMY MEDIATE”.

/3/ The approved candidate for mediator shall be entered in the List of Mediators and his/her details /photo, CV, area of competence, use of foreign languages, experience, etc./ shall be published in information materials and on the website of the Dispute Resolution Centre at ACADEMY MEDIATE.

/4/ Upon his/her entry in the List of Mediators at the Dispute Resolution Centre of the “ACADEMY MEDIATE” the mediator shall sign a notarized Declaration of Consent in a form according to Article 7, paragraph 9 of these Rules.

  1. Removal from the List of Mediators

/1/ The mediator shall be deleted from the List of Mediators by decision of the Manager of ACADEMY MEDIATE in the following cases:

  1. at his/her request, in which case the mediator is obliged to complete the mediation;
  2. when it ceases to be eligible for entry in these Rules;
  3. gross or systematic violation of the Act, the Mediator’s Rules of Procedure and Conduct, and these Rules;
  4. damaging the prestige and acting against the interests of the Dispute Resolution Centre of ACADEMIA MEDIA.

/2/ In case of deletion from the Unified Register of Mediators in Bulgaria at the Ministry of Justice, the Manager of ACADEMY MEDIATE shall ex officio delete the person from its List of Mediators.

  1. Sample documents

The activities of the Dispute Resolution Centre at ACADEMY MEDIATE shall be carried out on the basis of the following template documents approved by the Manager:

  1. Application for mediation;
  2. Case Study Information Form;
  3. Case filing and reporting form /file/
  4. Mediation Agreement with Annex;
  5. Privacy Policy;
  6. Settlement (for court-directed disputes and for disputes initiated by the parties);
  7. Protocol for the transmission and return of documents;
  8. Application of a mediator for inclusion in the Register of Mediators at the Centre for Dispute Resolution at the ACADEMY MEDIATE;
  9. Mediator’s declaration of consent
  10. Declaration of acceptance of the case and of impartiality and independence
  11. Communication of the mediator to the Dispute Resolution Centre of ACADEMY MEDIATE upon suspension and termination of the mediation;
  12. Mediation Evaluation Information Form;
  13. Tariff for mediation fees at “ACADEMY MEDIATE”;
  14. Other documents necessary to facilitate the work of the Dispute Resolution Centre.
  15. Logo

All documents issued by the Dispute Resolution Centre at ACADEMIA MEDIA are marked with its logo.

  1. Record keeping and record keeping

/1/ The Dispute Resolution Centre at ACADEMY MEDIATE keeps and stores all documentation related to disputes referred for mediation. Information on all accepted disputes shall be kept on paper and electronically.

/2/ The Dispute Resolution Centre at ACADEMY MEDIATE shall keep all documents confidential and shall not disclose their existence or the outcome of the mediation to anyone without the written permission of the parties or in the exceptions expressly provided for in the Mediation Act.

/3/ The Dispute Resolution Centre of the ACADEMY MEDIATE may include information on mediation in general statistics, provided that such information does not reveal the identity of the parties or allow identification of individual circumstances of the dispute.

/4/ The Dispute Resolution Center at ACADEMY MEDIATE is responsible for the careful storage of the parties’ personal data.

  1. Transmission and receipt of documents

If it is necessary to provide documents, the parties shall provide them to the mediator, who shall draw up a protocol for the transmission of documents in accordance with Article 7. Outside the time of their use, the documents shall be kept in the premises of the Dispute Resolution Centre at the ACADEMY MEDIATE. Upon completion of the mediation, the documents shall be returned to the parties and a report on the return of documents shall be drawn up.

  1. Evaluation of mediation

Upon completion of the mediation, the parties are invited to complete an anonymous mediation evaluation form, which is submitted to the Dispute Resolution Center at ACADEMY MEDIATE.

Mediation Rules

  1. Scope

/1/ These Rules shall apply to the resolution of civil, commercial, partition, labour, family and administrative disputes related to consumer rights, criminal disputes of a private nature, and other disputes between natural and/or legal persons, both of a national and international nature.

/2/ The existence of pending litigation or arbitration in the same dispute shall not preclude the commencement of mediation under these Rules.

  1. Initiation of mediation

/1/ Mediation shall be initiated by common consent of the parties to the dispute.

/2/ Mediation shall be initiated on the basis of an application for mediation, which may be submitted by one or all of the parties and their lawyers and shall contain:

a/ the names, addresses, telephone numbers, fax numbers and e-mail addresses of the parties to the dispute and their authorized representatives, if any;

b/ a brief description of the subject matter of the dispute, including, if possible, an estimate of its value/material interest;

c/ a proposal for one or more mediators;

/3/ The application shall be accompanied by a proof of payment of the fee according to the Tariff.

/4/ Where an application for mediation is made by one of the parties, the Centre shall promptly send a copy of that application to the other party, inviting the party, within an appropriate time limit having regard to the particularities of the dispute, to state whether it accepts or refuses to participate in the mediation.

/5/ After obtaining the consent of the other party to participate in mediation, the Mediation Centre shall undertake the necessary preparatory actions for conducting mediation.

  1. Choice of mediator

/1/ In the event that the parties have chosen a mediator or mediators, the mediator shall be invited to sign a declaration of commitment to the case and of impartiality and independence, in which he shall indicate any circumstances which may give rise to reasonable doubts as to his impartiality or independence. This obligation shall remain throughout the mediation. The signed declaration shall be sent to the parties.

/2/ In case the parties cannot reach an agreement on the choice of the mediator, the Mediation Centre shall assist them in the choice until an agreement is reached. If no agreement is reached more than 10 days from the date of the request for mediation, the Manager of the Centre shall appoint a mediator. If the parties have not expressed a preference for a particular mediator, the Mediation Center reserves the right to assign one or more mediators to a case at an unchanged rate. In the event that two mediators are requested by the parties, then the tariff rate shall be determined in accordance with Article 5(4) of the Tariff.

/3/ In case of legal and factual complexity of the dispute, specific area, as well as multiple parties, the Centre may appoint two mediators to work in a mediation, as well as to attract external mediators-specialists, the rate of which shall be further agreed with the parties.

/4/ A new mediator shall be selected in the following cases:

  1. in the absence of agreement by the mediator to undertake the mediation,
  2. by recusal
  3. challenge sustained,
  4. upon termination of the mediator’s functions pursuant to Article 16.

  1. Divorce

/1/ In the event that the mediator considers that he cannot be independent, impartial and neutral, and where reasonable doubts may arise as to his independence, impartiality and neutrality, he shall recuse himself.

/2/ Provided that there are circumstances which may give rise to reasonable doubts as to the impartiality and neutrality of the mediator, the parties may request his recusal at any time during the mediation.

  1. Termination of the mediator’s functions

/1/ The functions of the mediator shall also be terminated in the following cases:

  1. if a party or all parties withdraw from the mediator,
  2. the mediator is removed from the Centre’s List of Mediators or the Unified Register of Mediators at the Ministry of Justice,
  3. the mediator reneges on a commitment to a particular dispute,
  4. the mediator fails to perform his or her duties under the law, the Mediator’s Rules of Procedure and Conduct, and these Rules,
  5. the mediator breaches the mediation agreement signed with the parties.

/2/ In the cases referred to in paragraphs 4 and 5, the non-compliance shall be ascertained by the Chairperson of the Mediation Centre or his/her deputy designated to take decisions in such cases, which shall remove the mediator from the case. In this case, the parties shall be notified immediately.

  1. Applicable rules for mediation

The mediation shall be conducted in accordance with the Mediation Act, the European Code of Conduct for Mediators, the Procedural and Ethical Rules of Conduct for Mediators pursuant to Regulation No. 2 of 15.03.2007, these Rules, the wishes of the parties and the personal judgment of the mediator.

  1. Representation of the parties and participation in meetings

/1/ The parties to the dispute shall participate in the mediation in person or through a duly authorized representative/attorney.

/2/ The parties may also be assisted in mediation by lawyers, consultants and other specialists /experts/.

  1. Assistance from the parties in mediation

Each party shall cooperate in good faith with the mediator to expedite the mediation.

  1. Role of the mediator

/1/ The mediator shall assist in the resolution of the issues between the parties in an appropriate manner and entirely at his discretion, depending on the specifics of the dispute.

/2/ The mediator shall not give legal advice to the parties.

/3/ The limitation in the preceding paragraph shall not apply to other alternative dispute resolution methods.

  1. Restrictions on mediator’s participation in other proceedings in the same dispute

Except by mutual consent of the parties, a mediator may not act in any capacity other than as a mediator, whether as a judge, arbitrator, expert, witness, representative, or consultant of a party, in any pending or future proceeding, judicial, arbitral, or otherwise, related to the dispute being mediated.

  1. Provision of information and materials to the mediator

/1/ In order to achieve the objectives of the mediation, the parties are obliged to provide the mediator with the information necessary for his/her work on the case in a timely manner.

/2/ The mediator may, at any time during the mediation, invite a party to provide additional information and materials that he/she considers useful.

/3/ In a pending litigation or arbitration, the parties may agree that the mediator may have access to and review the case materials.

  1. Confidentiality of information

/1/ The mediator shall be free to meet and exchange information with either party with the clear understanding that information, written or oral, given in such meetings and in such exchanges shall not be disclosed, including to the other party, without the express consent of the party providing it.

/2/ During the meetings of the parties with the mediator no minutes shall be taken, no sound and/or video recordings shall be made. The mediator may take notes which are for his/her personal use and are confidential.

/3/ Each party participating in the mediation, including the mediator, the parties, their representatives and consultants, independent experts and other persons attending the parties’ meetings with the mediator, shall respect the confidentiality of the mediation and shall not use or disclose to anyone any information relating to or obtained during the mediation unless the parties and the mediator agree otherwise in writing. Each of the persons participating in the mediation shall sign an appropriate confidentiality undertaking prior to the commencement of the mediation.

/4/ Unless the parties agree otherwise, any person who participates in the mediation shall, upon termination, return to the party who provided the mediation any letters, documents or other materials provided by either party without retaining a copy thereof. Any notes kept by any person present relating to the parties’ meetings with the mediator will be destroyed upon termination of the mediation.

/5/ The mediator shall have the right to refuse to give testimony in a judicial/arbitral dispute in which he has participated in this professional capacity /Article 166, paragraph 1, item 1 of the CCP/.

/6/ Unless otherwise agreed by the parties, the mediator and the parties shall not introduce into evidence or otherwise in any court or arbitration proceeding:

  1. views expressed or proposals made by either party with a view to a possible settlement of the dispute;
  2. admissions made by a party to the mediation procedure;
  3. the fact that either party has or has not indicated a willingness to accept an offer of settlement made by the mediator or the other party.

Conducting the mediation

  1. General and individual meetings

Mediation shall be carried out through joint and/or separate meetings with the parties at the discretion of the mediator. The mediator shall conduct the joint and separate meetings with the parties with due respect for their equal rights in the procedure.

  1. Informing the parties about the mediation

At the commencement of the mediation, the mediator shall present to the parties the nature of the procedure, his/her role and the role of the participants in it, the rules for its conduct, and shall inform them of the consequences of the mediation and the possibilities for any settlement reached to be implemented.

Suspension and termination of mediation, limitation

  1. Grounds for suspension of mediation

/1/ The mediation is stopped:

  1. by mutual consent of the parties or at the request of one of the parties;
  2. upon the death of the mediator;
  3. in cases of recusal of the mediator
  4. upon termination of the mediator’s functions pursuant to Article 16 of these Rules;
  5. in the event of the mediator’s withdrawal in the event of circumstances which would cast doubt on his independence, impartiality and neutrality.

/2/ If mediation is conducted during pending court or arbitration proceedings, the parties shall immediately notify the competent authority of the suspension of the proceedings.

/3/ The mediation procedure may not be suspended for more than 6 months.

/4/ The statute of limitations shall not run while the mediation procedure lasts /Article 11a of the Mediation Act/.

  1. Grounds for termination of mediation

/1/ The mediation procedure shall be terminated:

  1. by reaching an agreement;
  2. by mutual consent of the parties;
  3. in the event of a refusal by one of the parties, expressed in a written notification to the Dispute Resolution Centre, and after the appointment of a mediator – to the mediator;
  4. at the Mediator’s discretion, where no settlement can be expected in the dispute, of which he shall notify the parties in writing;
  5. with the expiration of 6 /six/ months from the beginning of the procedure /Article 15, paragraph 1, item 6 of the Mediation Act/;
  6. upon the death of a party to the dispute or upon the dissolution of the legal entity – party to the dispute.

/2/ Upon termination of the mediation procedure, the pending proceedings which have been suspended shall be resumed in accordance with the provisions of the law.

  1. Communication of the mediator to the Centre for Dispute Resolution terminating the mediation

Upon termination of the mediation, the mediator shall promptly send to the parties and the Mediation Centre a written notice that the mediation has been terminated, stating the date of termination, whether the mediation has resulted in a resolution of the dispute, and, if so, whether the resolution is in whole or in part.

  1. Irresponsibility of the mediator, the Centre Dispute Resolution and its employees

The mediator, the Dispute Resolution Centre and its employees shall not be liable to anyone for any acts or omissions related to the mediation procedure or for the implementation of the settlement reached in the mediation procedure.

Agreement

  1. Form and content

/1/ The content and form of the agreement shall be determined by the parties. The form may be oral, written and in writing with notarial certification of the signatures of the parties. The written agreement shall contain the place and date on which it was reached, the names of the parties and their addresses, what they agree, the name of the mediator, the date referred to in Article 11(2) and the signatures of the parties.

/2/ The parties may provide in the agreement for liability for failure to fulfil the obligations provided for therein.

  1. Effect of the Agreement

/1/ The agreement binds only the parties to the dispute and cannot be opposed by persons who have not participated in the procedure.

/2/ The agreement binds the parties only to what they have agreed.

/3/ An agreement which contravenes or circumvents the law or is prejudicial to good morals shall be null and void.

  1. Enforceability of the Agreement

/1/ An agreement on a pending litigation reached in a mediation procedure shall have the force of a court settlement and shall be subject to the approval of the district courts in the country.

/2/ The court shall approve the agreement after confirmation by the parties, if it is not contrary to the law and good morals. The court shall hear the opinion of the public prosecutor if he is a party to the case.

Mediation fees and costs

  1. 33. The fees and costs for conducting mediation shall be set out in the Mediation Fee Schedule of the Dispute Resolution Centre at ACADEMY MEDIATE LTD, which forms an integral part of these Rules.
  2. 34. /1/ The fees and costs of mediation shall be borne equally by the parties, unless otherwise agreed.

/2/ Each party shall pay its share of the fee. A party may also pay the fee for the other party.

(3) In addition to the fees and expenses provided for in the Tariff, each party shall bear its own other expenses incurred in connection with the mediation /translations, expert evaluations, etc./.

  1. /1/ The mediator shall commence the mediation procedure after the parties have accepted the conditions for payment of his/her work and have paid the initial fees to the Centre.

/2/ The mediator may not condition the amount of his/her remuneration or link it to the outcome of the dispute. /Article 34 of the Regulation to the Mediation Act/

Concluding Provisions

  • 1. In these Mediation Rules, the following terms shall have the following meanings:

“Mediation” includes mediation and other alternative means of dispute resolution and conflict resolution, excluding arbitration.

“ Mediation Rules ” means the Mediation Rules of the Dispute Resolution Centre of ACADEMY MEDIATE Ltd.

“Mediator’s Procedural and Ethical Rules of Conduct” means the Mediator’s Procedural and Ethical Rules of Conduct approved by the Minister of Justice and in accordance with the European Code of Conduct for Mediators.

“List of Mediators” means the List of Mediators of the Dispute Resolution Centre of ACADEMY MEDIATE.

“Fee Schedule” means the Mediation Fee Schedule adopted pursuant to these Mediation Rules.

“Dispute ResolutionCentre ” means the Dispute Resolution Centre of ACADEMIA MEDIA LTD.

  • 2. These Mediation Rules of the Dispute Resolution Centre are adopted by the Decision of the Manager of “ACADEMY MEDIATE” dated 01.03.2025.