Общото и различното между Франция и България във връзка с промените в медиацията
Similarities and differences between France and Bulgaria related to the changes in mediation

The role of the lawyers in mediation

Summary/Abstract: The article examines the latest changes in mediation in France and Bulgaria, focusing on the difference between compulsory mediation, introduced in France in some types of civil cases, and the mandatory first mediation meeting introduced in Bulgaria with the amendments to the Mediation Act and the Civil Procedure Code from 2023. The mediation in France is only one of the forms of alternative dispute resolution on disposal of litigants. There is a settlement “conciliation” and a “procedure participative”. In Bulgaria also exists the settlement between the parties and their lawyers, approved by the court. The author talks about the settlement approved by the court and about the obstacles in the civil procedure to achieve settlement without the participation of certified mediator as a third neutral party. The best moment to sign the agreement is before the litigation or in the beginning of the litigation. The article emphasizes on the fact that lawyers in France and in Bulgaria accomplish a crucial role for finding the best options for the client’s defence which include the alternative dispute resolution methods, and namely mediation.

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