Milanova & Partners Law Firm boasts a team of certified mediation experts, including Adv. Hristo Mashkov (Partner/certified Mediator) and Adv. Tanya Sabeva (attorney-at-law/certified mediator). Their expertise and dedication further reinforce the firm’s commitment to providing comprehensive legal services, including mediation in Bulgarian and English languages, to clients navigating complex legal disputes in Bulgaria.
In July 2022, the Supreme Judicial Council launched a significant initiative aimed at introducing mandatory judicial mediation in Bulgaria. This initiative formed part of the broader National Recovery and Sustainability Plan, which receives funding from the European Union. The primary objective of this project was to address the growing caseload in civil and commercial matters while also fostering more efficient dispute resolution mechanisms. As a result, the Bulgarian Parliament, in January 2023, passed legislation amending both the 2004 Mediation Act and the Civil Procedure Code to incorporate mandatory mediation meetings into the legal framework. These meetings are now mandated for specific types of disputes, such as those involving the division of jointly owned property, monetary claims arising from co-ownership, and liability disputes concerning limited liability companies’ directors and/or controllers, among others. Additionally, judges have been granted discretionary powers to order mediation in certain other cases, particularly those involving family law matters like divorce and child custody disputes.
Both voluntary and mandatory mediation processes in Bulgaria require mediators with specific qualifications. For voluntary mediation, mediators must be legally qualified and registered with the Bulgarian Ministry of Justice. Furthermore, they should possess professional expertise in relevant fields, such as law, psychology, economics, or civil engineering. These mediators undergo specialized training that equips them with the necessary skills for facilitating communication and resolving conflicts effectively. On the other hand, mandatory mediation conducted within court mediation centers requires individuals with legal education, mediation training, and registration in the Unified Register of Mediators. These court-appointed mediators undergo additional specialized training as mandated by the Supreme Judicial Council, ensuring they meet the specific requirements for mediating legal disputes.
The introduction of mandatory mediation represents a significant paradigm shift in Bulgaria’s legal landscape. As mediation becomes an integral part of the legal process, it is expected to influence the global legal strategies adopted in the country. With mediation offering a potentially faster and more efficient alternative to traditional litigation, its incorporation into legal proceedings is likely to streamline the resolution of disputes and alleviate the burden on the court system.
For more information on Milanova&Partners mediation services, please contact us at office@milanova-law-firm.com.
Article written by Tanya Sabeva
