1. Legal regulation of mediation and the institutions involved: Latvia
Mag. iur. Dana Rone
Legal regulation of mediation and the institutions involved: Latvia
19-jūn-22

2. Introduction The first initiatives in the area of mediation
On 18 February 2009 (before the transposition deadline of the Directive 2008/52/EC), the Cabinet of Ministers adopted Order No. 121 Concept on introduction of mediation into the settlement of civil law disputes
19-jūn-22

3. Introduction Mediation has never been prohibited in Latvia
Absence of a special law also raised questions during judicial proceedings
With the adoption of the Mediation law, clarity is established regarding timing, terms and conditions of the mediation process both within or outside the judicial process in the court
19-jūn-22

4. Normative sources of mediation regulation. Mediation Law
Adopted on 22 May 2014
In force since 18 June 2014
The purpose of the Mediation Law, as stated in its Article 2, part one, is to lay down the judicial preconditions to promote the use of mediation as an alternative way for the settlement of disputes by facilitating harmonization of social relationship
19-jūn-22

5. Normative sources of mediation regulation. Regulations No.433
Adopted on the basis of the Mediation Law
Adopted on 5 August  2014
In force since 12 August 2014
Provide the order of examination
Determine the contents and order of the certification and attestation tests.
Provide the rules of procedure and define the competence of the certification and attestation commissions
Set the amount of payment for certification and attestation
19-jūn-22

6. Normative sources of mediation regulation. Civil Procedure Law
Amendments on mediation adopted on 18 June 2014
Clause about repayment of state fee in the case amicable agreement is concluded within 3 years
Mediator can’t be a witness
Additional rules for contents of claim to the court
Postponement of case for mediation
Recommendations of the judge
19-jūn-22

7. Normative sources of mediation regulation. Civil Procedure Law
Amendments on mediation adopted on 18 June 2014
Clause about repayment of state fee in the case amicable agreement is concluded within 3 years
Mediator can’t be a witness
Additional rules for contents of claim to the court
Postponement of case for mediation
Recommendations of the judge for mediation
19-jūn-22

8. Normative sources of mediation regulation. Criminal Procedure Law
Mediation or, as it is also called, conciliation process in criminal cases is regulated in the Criminal Procedure Law, which was adopted on 21 April 2005 and came into force on 1 October 2005
Article 97, part eight: a victim may settle, in all stages of proceedings and in all types thereof, with the person who caused harm
19-jūn-22

9. Mediation organizations in Latvia
Types of mediators – certified mediators and mediators
The umbrella organization of mediation organizations in Latvia – NGO Biedrība “Mediācijas padome”.
Other NGOs:
NGO Biedrība “Mediācija un ADR”
NGO Biedrība “Integrētā mediācija Latvijā”
NGO Biedrība “Integrācija sabiedrībai” (Cietušo atbalsta centrs)
NGO Biedrība “Latvijas Komercstrīdu mediatoru asociācija”
19-jūn-22

10. Basic terms and definitions
According to the Mediation Law
Equal terminology in the Cabinet of Ministers Regulations No. 433
Different terms in the Criminal Procedure Law
19-jūn-22

11. Initiation of mediation
Initiative from the parties at pre-court or litigation stage
Initiative from the judge at litigation stage
Possibility to postpone litigation for mediation purposes
19-jūn-22

12. Regulation of mediation process
Normative enactments
Contract with a mediator
Explanation of rules and principles during mediation
19-jūn-22

13. Recognition / Credentialing / Accreditation of mediators
Difference between certified mediators and mediators
A certified mediator may be a natural person who:
has reached 25 years of age;
has impeccable reputation;
has acquired an education document attesting a State recognised higher education;
is fluent in the official language at the highest level;
has attended a mediator’s training course 100 academic hours;
has obtained a mediator’s certificate.
19-jūn-22

14. Recognition / Credentialing / Accreditation of mediators
Attestation after 5 years to prolong certificate
15 mediation processes
100 academic hours courses
Additional requirements coming?
19-jūn-22

15. Confidentialy and admissibility of mediation evidence
Information that is obtained through mediation or is related thereto is confidential
A mediator is not allowed to disclose to a party the information provided by the other party unless the other party has consented to it.
It is prohibited to question a mediator as a witness regarding the facts arising out of or in connection with a mediation process
Exception: confidentiality obligation is not effective in cases, when disclosure of information is required in accordance with laws and regulations in order to ensure public order, particularly the protection of the rights or interests of a child, as well as to prevent danger to the life, health, freedom or sexual inviolability of a person
19-jūn-22

16. Mediated outcomes and enforceability
Agreement reached by the parties in mediation process has the same legal force as any other agreement
It is not automatically enforceable
If the agreement is reached during litigation process, the parties have rights to submit such agreement to the court with a request to approve it as amicable agreement according to the Article 226 of the Civil Procedure Law
19-jūn-22

17. Duties and obligations during mediation
During mediation parties and a mediator are obliged to obey requirements of the law, mediation principles and agreement between the parties and the mediator
Mediator is obliged to explain to the parties the procedures of mediation, the mediator’s functions, the rights and obligations of the participants of mediation, as well as the basic principles of mediation
A mediator in his or her activities shall observe the norms of professional ethics of the mediator
There are no sanctions for the parties for any breach of duties and obligations during mediation, because mediation is voluntary
19-jūn-22

18. Thank you!
For further questions on mediation please write to:
19-jūn-22