Ministry of Justice, Finland

TO PRINT OUT THE BROCHURE, PLEASE CLICK ON THE LINK TO THE RIGHT ON THE TOP OF THIS PAGE. 

What is meant by judicial mediation?

District Courts may decide upon initiating mediation in civil disputes. The purpose of mediation is to help the parties to a dispute find a solution that is acceptable to both parties. This means that the result of mediation may be based more on what is reasonable under circumstances than on a strict application of law.

Mediation in a dispute may be instituted if both parties to the dispute so wish. A further condition is that the dispute is suited to mediation and that mediation makes sense considering the requirements presented by the parties. The court decides whether or not a mediation procedure shall be initiated.

Updated on 26 May 2011
Ministry of Justice

Judicial mediation can be applied to disputes that also otherwise are brought before court. The difference of opinion between the parties concerned may relate to some dispute over a contract, legacy or injury indemnification. Judicial mediation may be appropriate also in cases concerning care of a child, visiting rights or maintenance of a child. In such cases, the child’s interests should be protected.

All civil disputes need not to be subjected to court-connected mediation: Consumer disputes, for instance, may be handled by a consumer adviser and the Consumer Complaint Board. As concerns criminal matters, there is a specific procedure for mediation in criminal cases.

Mediation involves lower costs for the parties concerned than a trial. Each party pays only his or her own costs and is not obliged to pay the costs of the opponent. If the parties so wish, they may engage a legal adviser. It is also possible for a party to apply for legal aid at a legal aid office.

In judicial mediation, a judge of the District Court acts as mediator. Mediation in disputes is a part of the ordinary tasks of a judge. If the case requires specific knowledge of some area, the mediator may, with the agreement of the parties, engage an assistant whose fee is paid by the parties.

A fee will be charged for judicial mediation, as for all other matters handled by a court.

One of the parties to a dispute or both parties together may request initiation of mediation. Mediation in a dispute usually takes place at the District Court of the domicile of one of the parties involved.

Mediation in a dispute may be request already before a trial. The party who is interested in mediation shall file an application for that with the court. The application may be freely formulated but should contain a short description of the dispute and the parties involved and the applicant’s view of chances to solve the dispute by mediation. The application shall further contain both the applicant’s and the opponent’s contact information.

The parties to a dispute may request mediation in a case already subject to legal proceedings before the court. In such a case, no specific application is needed. In addition, the court may suggest mediation in a pending case.

Successful mediation requires an honest effort by both parties to reach an amicable solution. It is not the mediator who shall find a solution to the dispute but the parties themselves. However, upon mutual agreement between the parties, also the mediator may render a proposal for resolution of the dispute.

Mediation takes the form of negotiations between the judge and the parties involved. The judge negotiates either with both parties present or with one of the parties at a time. Also other persons may be heard, when necessary.

The mediation process should not go on unduly long without producing a result, and therefore intensive negotiations should be conducted during, for instance, one or two days.

Mediation is usually public, i.e. the general public may be present at mediation. However, the general public is not admitted to the negotiations between the judge and one of the parties. Also other phases of the mediation process may be closed for the general public, if one of the parties so wishes.

No minutes are taken during mediation, and the discussions are neither recorded on tape nor saved in some other way.

If the attempt at conciliation is successful, the conditions of conciliation can be set down in an agreement. Conciliation may involve, for instance, financial compensation, work to be done or transmission of property.

At the request of the parties involved, the court may confirm the conciliation agreement. In that case, the agreement constitutes an enforceable judgement, which can provide the basis for recovery of, for example, a payment or compensation for damage or maintenance payment by enforcement order.

The same system of appeal applies to confirmed conciliation agreements as to other judgements. A decision on the confirmation of conciliation may be appealed against by submitting a notice of discontent to the District Court within a week and a petition of appeal within 30 days.

In case conciliation has not been confirmed, the conciliation agreement constitutes an ordinary agreement between the parties and is legally binding on them.

The mediation procedure can be terminated, if one of the parties so wishes. It is also possible for the judge to terminate the mediation procedure, if he or she finds that no real prospect for conciliation exists.

After the termination of the mediation procedure, the parties may, if they so wish, initiate court litigation proceedings. If a litigation procedure was started already before mediation, it shall be continued. The judge presiding over the trial is not the same person as the judge acting as mediator. Circumstances put forward by a party during the mediation shall not be invoked before the court.

Mediation may also be applied at the Court of Appeal to cases decided by a District Court.

More detailed information: District Courts and www.oikeus.fi

A conciliation agreement reached in an out-of-court mediation process may be confirmed as enforceable by the District Court. In that case, for example an agreed compensation may be recovered through enforcement measures, if necessary. Mediation provided by the Finnish Bar Association and other corresponding procedures constitute out-of-court mediation.

A conciliation agreement made in mediation in criminal cases may also be confirmed as enforceable in respect of the part of the agreement that concerns a civil matter (compensation for damage).

A conciliation agreement reached in out-of-court mediation cannot be confirmed by the District Court if the matter concerns child custody, right of access or child maintenance. Conciliations in these matters are confirmed by the Social Welfare Board.

Further information about out-of-court mediation:
Mediation by the Finnish Bar Association
Finnish Forum for Mediation (the different areas of mediation)
Mediation in Criminal and Civil Cases