In practice, many people only learn about mediation when the question arises: “Do I need to attend an information session?” or “How do I prove in court that I have attempted it?” The Mediation Law clearly regulates this stage and, most importantly, the documents resulting from it, as well as situations in which the other party refuses, does not respond, or fails to appear.
Below you will find, in clear terms, how the information session works and which documents you may subsequently use, including in court proceedings.
- What is the information session (and why it exists)
The information session on the advantages of mediation is a preliminary stage prior to concluding the mediation agreement, forming part of the mediation procedure. During this stage, the mediator, using specific professional communication techniques, under conditions of neutrality, impartiality, and confidentiality:
- analyzes the dispute;
- presents to the parties the advantages of mediation in their specific situation;
- provides all necessary information so that the parties can make an informed decision as to whether or not to resolve their dispute through mediation.
In short: the information session is not the mediation itself, but the stage in which the parties understand what mediation entails and decide whether to proceed.
- Who can provide the information
The law allows the information regarding the advantages of mediation to be provided not only by a mediator, but also by:
- a judge,
- a prosecutor,
- a legal advisor,
- a lawyer,
- a notary, in which case the information is certified in writing.
- Important: the information session is free of charge
The law expressly provides that services related to the information stage are free of charge. No fees, charges, or any other amounts may be requested, regardless of how they are described.
This is an essential detail: the information session should not generate any costs for the parties.
- How to prove attendance at the information session
Proof of attendance at the information session is made by means of an information certificate issued by the mediator who conducted the session.
If the parties attend the session but decide not to conclude a mediation agreement, the mediator issues an information certificate for all parties involved. This certificate is also issued free of charge.
- What happens if one party refuses or fails to attend
If one of the parties:
- refuses in writing to participate in the information session,
- does not respond to the invitation,
- or fails to attend on the scheduled date,
Thus, the law provides a documented mechanism even for situations where one of the parties does not cooperate at the information stage.
- Proof of attempting mediation: certificate or closing report
The law distinguishes between two situations:
- if the parties only go through the information session, proof of attempting the procedure is made by the information certificate;
- • if mediation is initiated and then concluded, proof is made by the report on the closure of the mediation procedure.
In other words, the relevant document depends on how far the parties have gone in the process.
- Non-attendance/refusal during mediation: report, but with important effects
If, at the mediation stage (not only the information session), one party refuses in writing to participate, does not respond to the invitation, or fails to attend on the scheduled date, the mediator prepares a report which is submitted to the court file.
However, the law specifies an important aspect: as a rule, this report does not constitute proof of attempting mediation.
There is, however, a relevant exception for the claimant: proof of attempting mediation may be considered fulfilled by submitting to the court file the report regarding the non-attendance of one party, drawn up by the mediator, but only if the receipt of the mediation invitation by the defendant can be proven.
In practice, the “key” element is proof that the invitation was properly communicated to the absent party.
- What the mediator’s report must include
The report drawn up in case of refusal or non-attendance is the document issued by the mediator and must include the steps taken. It is issued to the party who attended on the scheduled date, provided that the receipt of the invitation can be proven.
- Relevant general principles
The law also establishes several important principles that frame mediation:
- mediation is carried out equally for all persons, without discrimination;
- mediation is an activity of public interest;
- the mediator has no decision-making power regarding the content of the agreement, but may guide the parties in verifying its legality;
- the parties are free to choose their mediator, and mediation may be conducted by one or more mediators;
- judicial and arbitral bodies (as well as other authorities with jurisdictional powers) inform the parties about the possibility and advantages of mediation and guide them towards this option.
Conclusion:
The information session is a preliminary and essential stage in the mediation procedure: it is free of charge, conducted under conditions of neutrality, impartiality, and confidentiality, and may result in an information certificate or, in certain cases, a report. The law also regulates common practical scenarios—refusal, lack of response, or non-attendance—and emphasizes the importance of proving that the invitation was properly communicated, especially when the documents are intended for use in court.
If you are involved in an ongoing dispute or preparing to initiate one and wish to properly use the mediation procedure (including the invitation, proof of communication, and the issued documents), it is advisable to consult a lawyer to ensure that the process produces the intended legal effects and does not remain merely a formal step.
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