How it works
The parties choose the mediator. The mediator runs the negotiation but does not make a decision. Under article 166 of the Civil Procedure Code, the mediation agreement is made in written form and is signed by the persons who made it or by their representatives.
During a court case
The parties can move to mediation even while the case is in court. If the parties agree to hold mediation, the court suspends the proceedings (article 116), but for no more than sixty days (article 118). The mediation agreement can be made until the court of first instance withdraws to the deliberation room.
If the agreement is not performed
Under article 358¹ of the Civil Procedure Code, a party to the agreement may apply to the court for a writ of execution for enforcement. The application is filed with the court at the place of residence of the party that did not perform the agreement.
When it helps
When you need to keep a long-term business relationship; in family disputes; in matters you do not want made public; when a court case would cost too much.
When it does not help
When one party does not want to negotiate; when the procedure is used to gain time; when you need a clear court position on a legal question.
Advice
Record the agreement in writing and in concrete terms: who does what, when and how. A vague agreement creates a new dispute.