ORDINANCE NO 2 OF 15 MARCH 2007 ON THE CONDITIONS AND PROCEDURE FOR THE APPROVAL OF ORGANISATIONS THAT TRAIN MEDIATORS; ON THE REQUIREMENTS FOR THE TRAINING OF MEDIATORS; ON THE PROCEDURE FOR THE ENTRY, REMOVAL AND DELETION OF MEDIATORS FROM THE UNIFIED REGISTER OF MEDIATORS AND ON THE PROCEDURAL AND ETHICAL RULES FOR THE CONDUCT OF THE MEDIATOR
In force since 27.04.2007.
Issued by the Minister of Justice
Ann. SG 26 of 27 March 2007, amend. SG 29 of 8 April 2011, amend. SG 100 of 15 December 2017, amend. SG 15 of 21 February 2020.
Chapter One.
GENERAL
Art. 1. This Regulation shall regulate:
- the conditions and procedures for the approval of organisations that train mediators;
- training requirements for mediators;
- the procedure for registration, removal and deletion of mediators from the Unified Register of Mediators;
- the procedural and ethical rules of conduct of the mediator.
Chapter Two.
CONDITIONS AND PROCEDURES FOR THE APPROVAL OF ORGANISATIONS THAT TRAIN MEDIATORS. TRAINING REQUIREMENTS FOR MEDIATORS
Art. 2. (amend. – SG 15/2020) Training of mediators may be carried out by organisations which have specialists with qualifications and experience in mediation and are approved by order of the Minister of Justice.
Art. ( 1) (amend. – SG 15/2020) An organisation applying for approval shall submit an application in a form approved by the Minister of Justice.
(2) (amend. – SG 15/2020)
(3) (amend. – SG 15/2020) The application shall be accompanied by:
- a copy of the act by which the organisation was established, where it is not subject to registration;
- a curriculum and syllabus for the training of mediators in accordance with the requirements of this Ordinance, as well as rules for the conduct of the examination;
- a list of the professionals who will provide training and copies of documents certifying their qualifications and experience;
- proof of payment of the state fee, except when paid electronically.
Art. 3a. (New, SG 15/2020) (1) The application and the attached documents shall be examined within the time limit referred to in Article 4. For the examination of an application submitted by a trader or by a non-profit legal entity, an official reference shall be made to the commercial register and the register of non-profit legal entities kept by the Registry Agency under the Minister of Justice.
(2) In case of irregularities, the organization shall be notified in writing and given instructions for their elimination within 14 days. The notification shall also contain an indication of the consequences of failure to remedy the irregularities within the specified period.
(3) If the applicant fails to remedy the irregularities within the period referred to in paragraph (2), the proceedings shall be terminated. The termination of the proceedings shall be notified in writing to the organisation.
Art. 4. (amend. – SG 15/2020) The Minister of Justice shall, within 30 days from the submission of the application or from the elimination of the irregularities therein, issue an order for approval of the organisation or for refusal. The refusal order must be motivated, communicated in writing and may be challenged in accordance with the Administrative Procedure Code.
Art. 5. (amend. – SG 15/2020)
Art. 6. (amend. – SG 15/2020) (1) The Ministry of Justice shall maintain a list of approved organisations for the training of mediators. The list shall be public and shall contain: the name of the organisation and the number of the order for approval; the address of the management; the address of the place of business; the telephone number; the electronic address; the website address.
(2) An organisation approved by the Minister of Justice for the training of mediators shall be entered on the list ex officio.
(3) A file shall be established, maintained and kept for each organization listed.
(4) The removal of an organization from the list shall be carried out ex officio upon receipt of an application for termination of the activity or on the basis of an order of the Minister of Justice for revocation of the order for approval under the procedure and under the conditions of Article 12.
Art. 6a. (new – SG 15/2020) In case of a change in the circumstances under which the order for approval was issued, the organisation shall notify the Ministry of Justice within 14 days of the occurrence. The notification shall be accompanied by the relevant documents.
Art. 6b. (New – SG 15/2020) (1) The organisation shall submit a report to the Minister of Justice, which shall indicate:
- the number of Article 8 and 11a trainings conducted during the year;
- number of trained mediators;
- number of certificates issued;
- other information on the organisation’s activities related to the promotion, information and training on mediation.
(2) The report shall be submitted by the end of March of the current year and shall be published together with the list referred to in Article 6.
Art. 7. (amend. – SG 15/2020) The organisation shall notify the Minister of Justice of the termination of the mediator training activity. On the basis of the notification received, the organisation shall be removed from the list referred to in Article 6.
Art. 8. The training of mediators shall be conducted within a minimum of 60 training hours and shall include a theoretical and practical part. The practical part shall be at least half of the training hours.
Art. 9. Theoretical and practical training shall be conducted in accordance with the minimum requirements set out in Annex 2.
Art. 10. The training of mediators shall end with an examination, which shall be conducted by a committee of the respective training organisation and shall include a test to verify the acquired knowledge, participation in a simulated mediation procedure and an interview.
Art. 11. Persons who have passed the examination shall be issued a certificate of completion of mediation training in the form set out in Annex No 3.
Art. ( new – SG 29/2011) (1) Mediators may periodically improve their knowledge by undergoing additional theoretical and practical training in specialised mediation within 30 training hours, subject to the minimum requirements in accordance with Annex 2a.
(2) The additional training of mediators shall end with an examination, which shall be conducted by a committee attached to the organisations referred to in Article 2, and shall include a test to verify the acquired knowledge and a simulated mediation procedure.
(3) Persons who have passed the examination shall be issued with a certificate of completion of additional training in specialised mediation in accordance with Annex 3a.
Art. (amend. – SG 15/2020) (1) The Minister of Justice may carry out inspections of the activities of mediator training organisations through persons authorised by order. Within 20 days of the inspection, a report shall be drawn up on the facts and circumstances found and communicated to the organisation inspected. The audited organisation may express an opinion within 7 days of notification of the report. The report and the opinion of the inspected organisation, if received within 7 days of the communication of the report, shall be submitted by the persons who carried out the inspection to the Minister of Justice.
(2) In case of established violations, the Minister of Justice shall issue an order giving instructions and a deadline for their elimination to the inspected organization.
(3) In case of non-compliance with the given instructions within the prescribed period, the Minister of Justice may revoke the order for approval of the organization for training of mediators. The order for revocation shall necessarily be motivated, communicated in writing and may be challenged in accordance with the Administrative Procedure Code.
Chapter Three.
PROCEDURE FOR ENTRY IN THE UNIFIED REGISTER OF MEDIATORS (ERM)
Art. ( 1) (suppl. – SG 15/2020) The Minister of Justice or an official designated by him shall establish and maintain a Unified Register of Mediators.
(2) (amend. – SG 15/2020) The Unified Register of Mediators shall contain the data referred to in Article 8a, paragraph 2 of the Mediation Act. The register shall be public except for the data on the uniform civil number and the personal number of a foreigner.
(3) (amend. – SG 15/2020)
Art. 14. (amend. – SG 15/2020) A person who applies to be a mediator shall submit to the Ministry of Justice an application for registration in the EMR in a form approved by the Minister of Justice.
Art. 15. The application shall be accompanied by:
- (amend. – SG 15/2020)
- a certificate in accordance with Annex 3 for successful completion of a mediator training course in an organisation approved by the Minister of Justice;
- (amend. – SG 15/2020) a criminal record document when the person is not a Bulgarian citizen;
- (suppl. – SG 15/2020) a declaration that the person is not placed under disability, is not deprived of the right to exercise a profession or activity and does not perform functions in the administration of justice in the judicial system;
- (suppl. – SG 15/2020) a document for payment of the state fee, except when paid electronically.
Art. ( 1) (amend. and supplemented – SG 15/2020) For the purpose of examining the application, the criminal record of Bulgarian citizens shall be established ex officio. Where the requirements of the law have been complied with, the Minister of Justice shall, within 30 days of the submission of the application, issue a certificate to the mediator for his/her entry in the EMR.
(2) The certificate shall contain: the full name of the mediator, the certificate number and date, and the unique number under which the mediator is entered in the register.
(3) The unique number of the mediator in the EMR shall be formed from the date of entry and the serial number of the entry for the day.
Art. ( amend. – SG 15/2020) (1) In case of irregularities in the documents, the candidate for mediator shall be notified in writing and shall be given instructions for their elimination within 14 days. The notification shall also contain an indication of the consequences of failure to remedy the irregularities.
(2) If the irregularities are not corrected within the time limit referred to in par. 1, the proceedings shall be terminated. The applicant for mediation shall be notified in writing of the termination of the proceedings.
Art. ( 1) (amend. – SG 15/2020) Where the candidate for mediator does not meet the regulatory requirements, the Minister of Justice shall by order refuse registration in the EMR. The order of refusal shall necessarily be motivated, communicated in writing and may be challenged in accordance with the Administrative Procedure Code.
(2) (amend. – SG 15/2020)
Art. 18a. (New, SG 15/2020) A mediator registered in the EMR shall apply in writing to the Minister of Justice for changes in the circumstances subject to registration within 14 days of their occurrence. The application shall be in a form approved by the Minister of Justice.
Art. 19. (amend. – SG 15/2020) De-registration of a mediator from the EMR shall be carried out on the basis of an application in a form approved by the Minister of Justice.
Art. 20. (amend. – SG 15/2020) Where the prohibition under Art. 4 is violated or any of the requirements under Art. 8, par. 1(1), (3) and (4) of the Mediation Act, the Minister of Justice shall issue an order for the deletion of the mediator from the ERM. The order of deletion shall be necessarily motivated, communicated in writing and may be challenged in accordance with the Administrative Procedure Code.
Chapter Four.
PROCEDURAL AND ETHICAL RULES OF CONDUCT FOR THE MEDIATOR
Art. 21. (1) For the commencement of a mediation procedure a proposal shall be submitted by one or both parties to the dispute to the mediator, which shall contain:
- the names of the parties;
- address, telephone, fax;
- brief description of the dispute.
(2) Where the mediators are associated within the meaning of Article 4(2) of the Mediation Act, the proposal shall be submitted to the association.
( 1) Mediation shall take place in the framework of one or more meetings.
(2) Meetings shall be scheduled in consultation with each party at a time convenient to them.
Art. 23. The mediator shall inform the parties of the nature of the mediation and its consequences at the beginning of the first meeting.
Art. 24. The mediator shall require the parties to express their consent to participate in writing or orally, after satisfying himself that they have understood the nature and consequences of the mediation.
Art. 25. The mediator shall create an environment conducive to free communication between the parties to the dispute with a view to improving their relations and reaching an agreement.
Art. 26. The mediator shall ensure that the agreement between the parties is reached by mutual agreement and with an understanding of the agreements contained therein.
Art. 27. The mediator may not give legal advice, but may only assist the parties to reach a mutually acceptable agreement.
Art. 28. The mediator shall respect the opinion of each of the parties to the dispute and demand respect from them.
Art. 29. The mediator shall have the right to terminate the mediation if his own judgment and ethics lead him to believe that the mediation is not proceeding in a lawful or ethical manner.
Art. 30. The mediator agrees to mediate between the parties to the dispute, provided that he can maintain his impartiality. During the mediation procedure he/she shall not show any prejudice or bias based on the personal qualities of the parties, their background or their performance in the mediation procedure.
Art. 31. When presenting himself to the parties, the mediator shall disclose the circumstances which may give rise to a conflict of interest.
Art. 32. The mediator shall keep secret the circumstances, facts and documents which have come to his knowledge in the course of the mediation procedure.
Art. 33. Upon termination of his/her functions, the mediator shall not be exempted from his/her obligation to keep secrets related to his/her activities as a mediator.
Art. 34. (1) The mediator shall commence the mediation procedure after the parties have accepted the conditions for payment for his work.
(2) The mediator may not condition the amount of his remuneration or make it contingent upon the outcome of the dispute.
Art. 35. The mediator shall promote his activities in a manner and by means which give a true impression of mediation.
Transitional and Final Provisions
- 1. Certificates issued for the registration of mediators in the EMR until the entry into force of this Regulation shall become perpetual.
- 2. The Ordinance shall enter into force 30 days after its promulgation in the State Gazette.
