Regulation
Regulations of the Mediation House of the RAC

Regulations of the Mediation House of the RAC

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Section I. General Conditions

 

Paragraph 1.

 

Mediation of the Mediation House of the Riga Arbitration Court

The process of mediation of the Mediation House of the Riga Arbitration Court is a structured process of voluntary cooperation, in which the parties with the mediation are trying to reach a mutually beneficial agreement to resolve their controversies.

 

Paragraph 2.

 

Applicable conditions for the resolution of the dispute

(1) The parties are free to determine the order of the mediation process.

(2) If the parties, both individuals and legal entities, have agreed on the resolution of existing or potential future dispute by mediation process in the Mediation House of the Riga Arbitration Court, but did not specify under what conditions will be a process of dispute resolution be held, it is believed that they agreed to apply the norms of the regulations of the Mediation House of the Riga Arbitration Court.

(3) The parties may agree to amend these rules at any stage of the mediation process.

(4) If the parties agreed only on certain conditions of the mediation process, the mediator observes the agreement between the parties, in the rest of the rules adheres to the regulations of the Mediation House of the Riga Arbitration Court.

 

Paragraph 3. Procedural terms.

 

(1) The proceedings are held within the time frame specified in these Regulations. If the procedural deadlines are not set in these Regulations, they are determined by the mediator. Parties, by mutual agreement, may change the terms provided in these Regulations, taking into account the specific circumstances of the case.

(2) In order to carry out procedural activities, the exact number or term up to a specific date is set, or a period of time (years, months, days or hours). If procedural activities are not necessary to be performed on a specific date, it can be done throughout the whole set period.

(3) If the last day of the period is a Saturday, Sunday or a holiday specified in legislation, the last day of the expiry will be the next business day.

(4) Procedural activity that expires can be carried out until twenty-four hours of the last day.

(5) If the procedural activities are carried out at the Mediation House of the Riga Arbitration Court, the period is considered to have expired at the hour when the Mediation House, in accordance with its adopted internal rules, terminates work. However, if the correspondence had been put into the post office on the last day of the period of twenty-four hours, it is considered to be delivered on time.

 

Paragraph 4. Correspondence.

 

(1) In the process of mediation, all messages, statements and correspondence of another kind, are sent by registered mail or otherwise, fixing the fact of sending, or are personally delivered to the addressee signature.

(2) The correspondence shall be considered received when it was delivered to the addressee personally or was sent to the specified recipient postal address, or location of the legal entity (legal address), or place of residence of an individual.

 

Paragraph 5. The language of the mediation process.

 

(1) The process of mediation is held in the state language of the Republic of Latvia or in the language on which the parties have agreed.

(2) If any of the participants of the mediation process, or the mediator, does not speak the language, in which the process is being held, an interpreter is invited. It is the duty of participants of the process to pay for services of an interpreter.

(3) The mediator has the right to demand from the participants of the process of mediation a translation of any written material into the language of the mediation process or into the state language.

 

 

Paragraph 6. Place of the mediation process.

 

(1) The parties are free to agree on the place of the mediation process. If the parties have not agreed on the venue of the mediation process, the mediation process is conducted in the premises of the Mediation House of the Riga Arbitration Court.

(2) If the parties have agreed on the venue of the mediation process outside Riga, the parties shall cover the costs of the mediator for travel and accommodation.

(3) If the place of the mediation process is Riga, but one of the parties chooses a mediator who is not on the list of mediators and practices outside of Riga, the partiesy appointing a mediator covers all costs and expenses of the mediator’s travel and accommodation during the entire mediation process.

 

 

Paragraph 7. Confidentiality of the process.

 

(1) The information that was obtained in the process of mediation or related to it, is confidential, unless the parties agree otherwise.

(2) The mediator shall not disclose the information to the party if the other party does not agree.

 

 

Paragraph 8. Representation.

 

(1) Individuals represent their own interests in the process of mediation themselves or through authorized representatives. Representation of a natural person shall be in the form of a notarized power of attorney.

(2) Issues of legal entities in the mediation process are represented by the officials who act within the law and the charter of the legal entity. A trustee shall act under an issued power of attorney. Intermedation of a legal entity shall be made in form of a written power of attorney, or documents confirming the right of an official to represent the interests of the legal entity without a special power of attorney.

 

 

Section II. The process of mediation

 

 

Paragraph 9. The mediation contract.

 

The parties may agree in writing or orally on the use of the mediation process to solve the problems or possible future disagreements. Mentioned agreement, as a separate condition (mediation clause) can be included in any written contract.

 

 

Paragraph 10. The beginning of the mediation process if there is no prior agreement on mediation.

 

(1) If the parties have not previously agreed on mediation, the party wishing to begin the process of mediation shall submit a written proposal to the Office of the Mediation House of the Riga Arbitration Court about the beginning of the process and a document confirming payment of the costs of office. Head of the Office of the Mediation House of the Riga Arbitration Court without delay sends notification of receipt of the proposal for mediation to the second party.

(2) Proposal for consideration of dispute using mediation process shall be considered rejected if the consent of the other party has not been received. Unless the parties agreed otherwise, the period for consent is 10 days from the date of sending the proposal to use mediation.

(3) Mediation process begins with the date of receipt by the Office of the Mediation House of the Riga Arbitration Court of the consent of the second partiy to conduct the mediation process. The Office of the Mediation House of the Riga Arbitration Court, after obtaining the consent of the second party, without delay, informs the initiator of proposal and requests to file an application for a mediation process within 10 days.

 

 

Paragraph 11. The beginning of the mediation process if there is prior agreement on mediation.

 

(1) If the parties have agreed to mediation, the partiy wishing to begin the process of mediation shall submit an application to the Office of the Mediation House of the Riga Arbitration Court and attach a written agreement between the parties on the process of mediation. In this case, the mediation process begins with the receipt of the application for mediation by the Office of the the Mediation House of the Riga Arbitration Court and the payment of administrative costs of mediation and the mediator's fee, in accordance with the rules of the Mediation House of the Riga Arbitration Court.

(2) Head of the Office of the Mediation House of the Riga Arbitration Court sends without delay a notification of receipt of the application for the mediation process and a copy of the application to the second party.

 

 

Paragraph 12. Application for the mediation process.

 

Application for the mediation process shall be submitten in writing t to the Office of the Mediation House of the Riga Arbitration Court, indicating therein the information about the parties, the subject matter of the dispute and, if possible, a financial assessment of the matter in dispute. Together with a application for the mediation process, documents related to the dispute, the documents confirming the payment of administrative expenses and fees of the mediator shall be attached, together with as many copies of the application for mediation as there will parties and mediators involved in the process.

 

 

Paragraph 13. Withdrawal of an application for the mediation process.

 

(1) Withdrawal of an application for the mediation process must be submitted to the Office of the Mediation House of the Riga Arbitration Court within 15 days from the date of departure of the received application for the mediation process.

(2) If within the specified the Withdrawal from the second party has not been received, or the other party refuses the mediation process, the process of mediation is considered complete, whereof the Chairman of the Mediation House of the Riga Arbitration Court shall render a written decision.

 

 

Paragraph 14. The choice of a mediator.

 

The parties, jointly agreeing, choose one or more mediators and report it to the Office of the Mediation House of the Riga Arbitration Court before the deadline for withdrawal of an application for the mediation process. If the parties in the said term have not reported to the Office of the Mediation House of the Riga Arbitration Court a jointly chosen mediator, the mediator shall be appointed in the order referred to in Paragraph 16 of these Regulations.

 

 

Section III. Mediator

 

 

Paragraph 15. Lack of interest and neutrality of the mediator.

 

(1) The attitude of mediator towards the parties is neutral, he allows the parties to reach their own mutually acceptable agreement. The mediator can not be personally interested in a particular outcome of the mediation process.

(2) The mediator shall immediately notify the parties about all the circumstances that may affect the neutrality or disinterest of the mediator. It is the duty of the mediator throughout the whole process of mediation.

(3) The mediator may not be the person who is personally or financially interested in the outcome of the mediation process.

(4) The mediator helps to resolve the dispute in a manner that he considers acceptable.

 

 

Paragraph 16. Number of mediators and their appointment.

 

(1) The procedure for the appointment of a mediator is set by the parties. If the parties have not agreed on the appointment of the mediator, the mediator shall be appointed in accordance with the Regulations of the Mediation House of the Riga Arbitration Court from the list of permanent mediators (Appendix №2 to the Regulations).

(2) If the parties have not agreed on the number of mediators, the mediation process is held by a single mediator.

(3) If the parties have agreed that the mediation process is held by three mediators, each party shall appoint one mediator. The third mediator is appointed by the Chairman of the Mediation House of the Riga Arbitration Court from from the list of permanent mediators of the Mediation House.

(4) If the parties have agreed that the mediation process is held by three mediators, with the consent of the Chairman of the Mediation House of the Riga Arbitration Court, a mediator may be appointed a person who is not a permanent mediator of the Riga Arbitration Court. In any case, the chairman of the mediators should be a permanent mediation mediator of the Mediation House of the Riga Arbitration Court.

(5) If the mediator refuses to perform his duties or by virty of some reason he can not serve as a mediator after the start of the mediation process, th the Chairman of the Mediation House of the Riga Arbitration Court shall appoint a new mediator from the list of permanent mediators of the Mediation House of the Riga Arbitration Court.

 

 

Paragraph 17. Materials of the mediation process and their transfer to mediators.

 

(1) Following the appointment of a mediator, the Head of the Office of the Mediation House of the Riga Arbitration Court passes to him all materials related to the process of mediation.

(2) Within 5 days of receipt of the materials of the mediation process, in consultation with the parties, the mediator shall appoint the first meeting of the parties.

 

 

Section IV. The order of the mediation process

 

 

Paragraph 18. The process of mediation.

 

(1) In the process of mediation, each party shall act in good faith and cooperate to resolve the dispute.

(2) Unless the parties agree to another mode of carrying out the process, the mediator, according to the regulations and in consultation with the parties, at the first meeting of the parties shall establish the procedure for the mediation process.

(3) The mediator may ask the parties to provide additional written or oral explanations to present the views of the parties on the merits of the dispute and possible solutions.

(4) The mediator may meet with each party separately. Information collected at these meetings is confidential, unless the parties agree otherwise.

(5) The mediation process is confidential. Persons not parties to the mediation process may attend the mediation process only with the permission of the parties.

(6) The mediator and the Mediation House of the Riga Arbitration Court do not publish or provide to any third party the information on the process of mediation.

 

 

Paragraph 19. Termination of mediation without an agreement.

 

(1) Mediation terminates without an agreement if:

1) The party informs the mediator or the second party that opposes the further conduct of mediation;
2) The mediator notifies the parties about the termination of the mediation process;
3) There was a death of an individual, or a legal entity that is a party to the mediation process has ceased to exist;
4) Due to other causes the need to use the mediation process has disappeared.
(2) If the mediation ends without an agreement, the mediator makes a written notice of termination of the mediation without an agreement.
(3) When the process of mediation is completed, the mediator shall submit to the Office of the Mediation House of the Riga Arbitration Court a notice stating the number of date and base for the termination of the mediation process.

 

 

Paragraph 20. The agreement on the resolution of the dispute.

 

(1) An agreement is achieved when the parties resolved their controversies.

(2) The mediator, at the request of the parties, can take part in drafting a written agreement.

(3) The parties comply with the agreement reached in mediation voluntarily and at a certain date, if the parties have agreed to it.

(4) If the mediation process ended with an agreement, the mediator, at the request of the parties, makes a written report stating that the mediation process ended with an agreement.

(5) If the mediation fails to reach a settlement of the dispute, the parties may agree in writing to transfer the case for the consideration of the merits to the Riga Arbitration Court for the arbitration process. Arbitrator can be appointed a mediator who conducted the mediation process, if the candidature of the mediator meets the requirements imposed on arbitrators.

(6) In disputes with materal nature, the parties may agree on the transfer of their property, rights or things, for sale through the voluntary public auction, to entrust the organization and conduct of voluntary public auction the auction organizer.

 

 

Section V. Costs of the mediation process.

 

 

Paragraph 21. Costs of the mediation process.

 

(1) Costs of a mediation process consist of costs for office management, administrative expenses and fees of the mediator. Costs of a mediation process are established in Annex №1 of these Regulation.

(2) The costs of the mediation process shall be paid by the applicant of the mediation process or the parties in the order establshed in the agreement on mediation between the parties.

(3) Additional expenses incurred during the process and order of payment are determined by the mediator.

(4) If the mediation process does not start, the paid costs of office shall not be refunded to the party that filed a proposal to start the mediation process.

(5) The administrative expenses and the fee of the mediator depend on the amount of dispute, the complexity of the dispute and the number of mediators, conducting appropriate process of mediation. By the decision of the Chairman of the Mediation House of the Riga Arbitration Court, the amount of costs can be changed, taking into account the complexity of the dispute, the amount of dispute, the time required for the process of mediation, as well as other circumstances connected with the process of mediation.

(6) Invitation of a secretary, an interpreter, an expert or other specialist to the process of mediation is carried out only when the party has paid certain costs associated with the services of a given specialist. If the party has demanded an invitation of an interpreter, a secretary, an expert or other specialist, within the period defined by the mediator, has not paid for the services of these specialist, this oayment can made by the second party.

(7) The Chairman of the Mediation House of the Riga Arbitration Court, at the request of a party or on its own initiative, has the right to reduce prices for the mediation process.

(8) The costs associated with the process of mediation are paid to the bank account of the founder of the Mediation House of the Riga Arbitration Court in accordance with the issued invoice.

 

 

Paragraph 22. The procedure for setting the size of the administrative expenses and fees of the mediator.

 

(1) Costs of mediation are set depending on the total amount of the dispute, in accordance with Annex №1 of these Regulations.

(2) The Chairman of the Mediation House of the Riga Arbitration Court, taking into account the complexity of the case, the time required for the mediation process, determines the prices of the mediation process in the case when total amount of the dispute has not been established. Each party, at the request of the Head of the Office of the Mediation House of the Riga Arbitration Court, shall provide information on the amount of the dispute and its complexity.

(3) If the mediation process is terminated prior to the appointment of a mediator, the mediator fee is refunded in full. Administrative costs of the mediation process are not be returned.

 

 

Paragraph 23. The costs of office.

 

(1) A party that submits a proposal for the beginning of the mediation process, covers the costs of the proceedings.

(2) The amount of the costs of office is 100 Euro (excluding VAT). Costs of office at the beginning of the mediation process shall be included in administrative costs.

 

Paragraph 24.

(1) Remuneration for the services of the interpreter is defined based on the estimate drawn by the interpreter or the interpretation services agency.

(2) Travel and accommodation expenses of the mediator are defined based on the calculation and proving documents submitted by the mediator.

(3) The size of the additional costs of the mediation process is established according to the estimates provided by the service provider.

(4) Process expenses are indicated excluding the Value Added Tax (VAT).


 

 

List of permanent mediators of the Mediation House of the Riga Arbitration Court:

 

1.Rada Matjušina – mediator. Brīvības iela 99-1, Rīga, LV – 1001.
2.Ingmara Bergmane – mediator, Brīvības iela 58-306, Rīga, LV - 1011.
3.Kristīna Ņikuļcova – mediator, Birznieka-Upīša iela 18, Rīga, LV – 1050.