Newsletter-21
338 NEWSLETTER 2016 Procedure for Mandatory Mediation The head of the Department of Mediation lists the mediators reg- istered before the relevant registry, and which are willing to serve as mediators in accordance with their specialization area and the local court’s justice commission of their preference, and presents these lists to the relevant commission’s presidency. Upon submission of an ap- plication for mediation, the parties shall choose a mediator among the registered mediators, and the lists provided to the commissions. If the parties are unable to agree upon a mediator, the mediation office shall assign a mediator. The mediator shall inform the parties that he/she has been assigned as mediator, and invites the parties to the first meeting. The mediator shall terminate the procedure within three weeks as of his/her assign- ment date; in cases where necessary, the period may be extended for a maximum period of one week by the mediator. The mediator shall issue the final minutes upon the termination of the procedure, and in- forms the mediation office with a copy of the final minutes. The limitation period shall not run during the period as of the date of application to the mediation until the date of issuance of the final minutes; accordingly, the statutory period shall not run during this period. Mediation Fees If the parties reach an agreement using the mediator, the media- tion fee shall be equally borne by the parties in accordance with Chap- ter 2 of the Minimum Mediation Fee Tariff (“Tariff”) unless otherwise agreed by the parties. In any event, the mediation fee shall not be less than the fee for two hours, determined by Chapter 1 of the Tariff. If the parties are unable to reach an agreement when before the mediator, the first two hours shall be paid by the Treasury, and the fee for the re- maining hours shall be equally borne by the parties in accordance with Chapter 1 of the Tariff. The parties may agree otherwise. The fees paid by the Treasury and the Parties will be included in the court expenses. On the other hand, the party that does not attend the mediation meetings with no excuse given shall be stated as such in the final
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