Why choose mediation?
In my 15+ years as an attorney, I’ve had plenty of time to see how a trial can create tension – just think of the number of clients standing in the hallway of the courthouse wringing their hands before the trial.
Mediation can save money, stress and time compared to going to court.
75% of mediation procedures were successful in 2021!
96% of cases initiated through mediation are completed within 4 months.
What can we use a mediator for?
- Management and employee conflicts
- Dismissal disputes
- Disputes between union and management
Disputes between neighbors
- Necessary and unnecessary interference
- Disputes with a contractor
- Hidden circumstances in the purchase of real estate
Consumer protection disputes
- Statutory warranty disputes,
- Contractual warranty disputes,
- B2C guarantee
The mediation process
Requesting a mediator
The parties must jointly request the mediator. If only one party initiates the request, the mediator may assist the other parties in joining the request.
Face-to-face mediation meeting
The mediator informs the parties about the process, fees and conditions.
Resolution of the conflict
The mediator listens to the parties and treats them equally. An agreement is signed, saving money, stress and time compared to going to court.
Frequently asked questions about mediation
To reach an agreement that is acceptable to all parties involved, rather than a lengthy and costly litigation.
One of the parties can initiate the process, and the mediator can help the other parties join in.
The mediator does not represent either party, but listens to both parties and treats them equally.
If he or she has previously acted as a mediator in the parties’ dispute, the lawyer cannot represent either party in court.
If a party fails to comply with an agreement reached in mediation, the aggrieved party may file a lawsuit.
This can be avoided if you put incorporate your agreement into an enforceable notarial deed, so that enforcement does not require legal action.
However, it should be noted that in our practice we have never had a case where a party filed a lawsuit after an agreement was reached. This is a general trend because once an agreement is reached, the parties usually voluntarily comply with what they have agreed to.
In our experience, a face-to-face meeting takes place within 1-2 weeks of the initial contact and the process is usually concluded, usually with a settlement, by the second or third face-to-face meeting at the latest.
According to the Ministry of Justice’s 2021 statistics, 96% of cases initiated through mediation are concluded within 4 months.
Source : https://igazsagugyistatisztika.kormany.hu/kozvetitoi-tevekenyseg
Once an agreement has been reached, depending on the nature of the case, it is common for the parties to incorporate their agreement into
- a deed signed by a lawyer,
- a notarial deed, or
- a court-approved
However, this is no longer done in the context of mediation, but as a further step based on an agreement reached during mediation.
It is common that, after the agreement, depending on the nature of the case.
- in a deed signed by a lawyer,
- in a notarial deed, or
- a court-approved settlement
include their agreement.
However, this is no longer done in the context of mediation, but as a further step, based on an agreement reached during mediation.
Although this varies greatly depending on the type of dispute and the complexity of the case, it is rare for a “real” dispute to be decided in the first instance before a year has passed.
And the decision of the Court of Appeal or the Curia will take another 1-1 years or more.
The relevant statistics can be found at: https://eugyintezes.birosag.hu/kalkulator
The main difference is predictability, but typically the cost of mediation is much lower than litigation. This is because the parties agree in advance on the mediator’s fee and the proportion of the fee to be split between them.
In litigation, on the other hand, each party hires his or her own attorney, but in the event of a dispute, the other party’s attorney is usually paid at the end of the case, along with all fees and other costs of the litigation, such as travel expenses for witnesses, experts, interpreters, translation fees, etc.
Yes, she/he can. However, since mediation is not strictly a legal argument, but a search for a solution acceptable to all parties, it is better to involve a lawyer only after a potential agreement has been at least outlined.
A “last minute” check by the lawyer is enough to prevent the parties from making rash decisions that are contrary to their interests, but his or her absence during the preceding part of the mediation process that can make the atmosphere in the negotiations more personal and thus help to resolve the conflict.
Yes, a mediator is bound by a duty of confidentiality, which has no “expiration date” and applies even after years, with respect to all facts and data that he or she has learned in the course of his or her mediation activities.