Introduction

The agreement is a desirable means of settlement of domestic and international disputes of private legal status.

Field of application

Article 1. Domestic or international disputes of private legal status where concluding of agreement is admissible, can be subject of reconciliation under these Statutes.

Initiation of the reconciliation

Art.2.

(1)                  Conciliatory proceedings shall be initiated by common consent of the parties in the dispute or on unilateral demand by one of the parties.

(2)                  The parties file a request for the initiation of reconciliation in three copies. The request for reconciliation can also be submitted by electronic mail to the address of the Arbitration Court in Varna. They shall pay a fee for the launching of conciliatory proceedings, stated by the Tariffs under these Statutes.

(3)                  When the request for reconciliation is submitted unilaterally, the Secretariat of the Arbitration Court Varna shall immediately send a copy of this request to the other party and allow it 15 days fromnotification to state if it accepts or rejects participation in the reconciliation. In the case of rejection to take part or absence of reply no institution of reconciliation proceedings takes place. The Secretariat shall notify the supplicant to this effect and reimburse him/her 50% of the fee paid.

(4)                  If the other party accepts to take part in the reconciliation, it shall inform in writing the Secretariat about its consent. The Secretariat shall then institute reconciliation proceedings and immediately send a copy of the supplicant’s opinion.

(5)                  After the institution of the reconciliation proceedings, the Chief Judge of the Arbitration Court Varna determines the amount of the expenses due upfront that shall be shared between the parties and paid within the stated time limit. If one of the parties does not pay its share of the expenses but wishes to participate in the attempt for reconciliation, the other party may pay the former’s share too. In case of non-payment of the full amount of the expenses due upfront, the reconciliation proceedings shall be suspended. Both parties shall immediately be notified to this effect.

The Conciliator

Art.3. A Conciliator is any able-bodied natural person with university degree whose name is entered into the List of Mediators and Conciliators of the Non-profit Association for Legal Advice and Mediation.

Reconciliation proceedings

Art.4.

(1)                  If the sides have not named a Conciliator, the Chief Judge of the Arbitration Court Varna appoints a neutral conciliator, taking into consideration the nature of the dispute and the qualifications of the conciliator. The Secretariat notifies the Conciliator and the parties about this and sets the deadline before which the parties are obliged to give reasons for their opinions.

(2)                  Upon acceptance of his mission the conciliator presents to the Secretariat and the parties participating in the reconciliation proceedings a written declaration of independence and impartiality during the process of the reconciliation, as well as of confidentiality regarding facts and circumstances that have been brought to his knowledge in relation to the case.

(3)                  Except in case of mutual consent, the Conciliator cannot be arbitrator, representative or advisor to one of the parties in the arbitration proceedings for the same dispute.

(4)                  The parties undertake not to summon the Conciliator as a witness in a court or arbitration case on the dispute subject of the reconciliation, except by mutual consent.

(5)                  In case of death of the Conciliator, or the latter resigns from his mission, or he/she does not carry out his/her duties adequately, he/she is replaced by a new conciliator as by paragraph 1.

(6)                  In order to clarify the circumstances of disagreement and to discuss the possible concessions that each of the sides would be inclined to make in view of the peaceful settlement of the dispute, the Conciliator may meet each party separately before he/she invites them to a joint discussion of the possible solutions of reconciliation.

(7)                  The Association for Legal Advice and Mediation makes premises available for the Conciliator and the parties to meet, as well as its bank account in order for an agreement to be reached.

(8)                  In the propositions for a possible agreement the Conciliator is guided by the facts, the applicable law and the justice.

(9)                  The parties take part in the reconciliation proceedings in person or through expressly authorized representatives. They can be assisted by advisors as well. Third persons can only be present at the meetings with the Conciliator only by the parties’ consent.

(10)              If the attempt for reconciliation is successful, the concluded agreement is signed by the parties and the Conciliator. One agreement copy is attached to the reconciliation record.

(11)              When the concluded agreement concerns a dispute in a pending case before the Arbitration Court Varna under the Association for Legal Advice and Mediation, the parties may ask for the agreement between them to be reproduced in an arbitration decision under conditions previously agreed upon.

(12)              The parties undertake not to use as a proof in a court or arbitration proceedings:

(a)                  the opinions or propositions made by the other party in its attempt for reconciliation;

(b)                  propositions made by the Conciliator;

(c)                  the fact that one of the parties expressed readiness to accept the propositions of the Conciliator for an agreement.

Closing of the reconciliation proceedings

Art. 5.

(1)                  The attempt for reconciliation is considered closed:

(a)                  with conclusion of undersigned agreement;

(b)                  with written notification to the Conciliator by the parties or one of them about their refusal to take part in the attempt for reconciliation;

(c)                  with the Conciliator’s record of proceedings which states that the attempt for reconciliation has been unsuccessful.

(2)                  The existence of proceedings for reconciliation with other institutions and persons is not a hindrance to instituting reconciliation by these Statutes.

Expenses incurred by the reconciliation proceedings

Art. 6

(1)The expenses incurred by the reconciliation proceedings include:

(a) the administrative fee stated in the Tariff which is an inseparable part of these Statute;

(b) the Conciliator’s expenses for business trips, when such are necessary;

(c) the Conciliator’s remuneration.

(2) The reconciliation proceedings costs shall be met evenly shared by the parties, unless differently stated in the agreement.

(3) In addition to the expenses under par.1 of this article, each of the parties shall meet all their other own costs in relation to the reconciliation.

The present Statutes have been approved with a decision by the General Assembly of the Non-profit Association for “Legal Advice and Mediation”, records No 3 from 02.07.2012, taking affect on 01.08.2012.

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