Mediation or court

01How they differ

• Who decides – in court, the judge; in mediation, the parties themselves. The mediator does not decide but helps you find an agreement.
• Confidentiality – the mediator, the parties and any other persons invited are bound by confidentiality regarding everything they learned in the mediation, unless they agree otherwise (Section 5 of the Mediation Act – zákon o mediácii).
• Pace – the parties agree the dates of mediation sessions with the mediator; the dates of court hearings are set by the court.
• Outcome – the court issues a judgment; mediation ends with a written agreement drawn up by the parties themselves.
• Binding effect – a mediation agreement is binding on the parties. It can be enforced through enforcement proceedings (exekúcia) if it is drawn up as a notarial deed or approved by the court as a court settlement (Section 15 of the Mediation Act).

02How mediation works

Mediation begins with a written agreement to start mediation, concluded with a mediator entered in the register of mediators kept by the Ministry of Justice of the Slovak Republic. Either party may end it at any time. Recording the agreement to start mediation has the same effect on limitation periods and the lapse of rights as asserting the right in court – so while you are negotiating, your time limits do not run out. You will find a more detailed description of the process on the page Mediation.

03Mediation during court proceedings

• in divorce proceedings and in matters concerning minor children, the court may invite the parties to attempt an amicable solution through mediation,
• divorce proceedings are suspended on a joint application by both spouses – time that can be used for mediation,
• before enforcing a decision concerning minor children, the court may order the parents to attend a mediator.

04Agreement and court fees

• if court proceedings end with an approved court settlement before the first hearing begins, 90% of the fees paid are refunded; if later, 50% is refunded (Section 11(7) of the Court Fees Act – zákon o súdnych poplatkoch),
• in the settlement of property, the fee for a settlement by court settlement is 1%, instead of 3% for a judgment,
• an agreement concluded out of court is not subject to any court fee.

You will find an overview of all fees on the page How much does a divorce cost. I will let you know the price of mediation in advance.

05When mediation is not suitable

• in cases of domestic violence or a marked imbalance of power between the parties – here protection from violence is the appropriate course,
• when a child or property needs to be protected quickly and an interim measure by the court is required,
• when one party refuses mediation – mediation does not work without the willingness of both.

06Lawyer and mediator

As a lawyer and mediator, I can assess which route makes sense in your situation. In any one matter, however, I can be either your lawyer or the mediator: as a mediator I am impartial and do not represent either party.

07Frequently asked questions

Is a mediation agreement binding?

Yes, it is binding on the parties. If you wish to be able to enforce it through enforcement proceedings (exekúcia), it needs to be drawn up as a notarial deed or approved by the court as a court settlement.

Do I have to attend mediation if the court invites me to?

Mediation is based on the agreement of the parties and either party may end it. The court may invite you to attempt it. Before enforcing a decision concerning minor children, however, the court may order attendance at a mediator.

Can the mediator testify in court about what was said in mediation?

The mediator is bound by confidentiality regarding everything they learned in connection with the mediation, unless the parties agree otherwise.

Can mediation be tried when court proceedings are already under way?

Yes. The court may directly invite the parties to mediation, and divorce proceedings may be suspended on a joint application by the spouses.

Will an agreement save on court fees?

Yes. If the proceedings end with an approved court settlement before the first hearing, 90% of the fees paid are refunded; later, 50%. In the settlement of property, the fee for a court settlement is 1% instead of 3%.