Mediation

HOW IS MEDIATION HANDLED?

Only Bulgarian traders and consumers can be registered in NAIS online platform. Non-Bulgarian traders and consumers can address NAIS for dispute resolution through the ODR platform of the European Union.

A mediation procedure can be started from the very beginning, when the complaint is opened by the trader, if he chooses so.

NAIS recommends that before proceeding to mediation, traders should negotiate directly with their clients on their complaints and only in case they cannot agree, ask for help from a mediator.

Mediation may be initiated at any time during the direct negotiations, at the request of either party, with the expressed consent by each of them. This is done by pressing the I WANT MEDIATION button.

Mediation is one of the most effective ways of out-of-court dispute resolution, which guarantees the consumer and the trader equality in the negotiation process. Both parties participate voluntarily in the procedure, discuss possible solutions to the dispute with the assistance of a third neutral and impartial person, a mediator, who assists them in reaching a mutually acceptable agreement. The participants in the procedure, the consumer, the trader and the mediator, are obliged to observe confidentiality regarding the discussions during the mediation.

If both parties agree to conduct a mediation procedure, the selected mediator has 3 days to get acquainted with the information on the complaint and to contact them to start a chat between them on the NAIS platform.

The mediation procedure in the NAIS ADR Centre is conducted according to its Regulations, as well as according to the Mediation Law  and sub-regulatory acts.

The consumer and the trader can end the mediation at any time or require removal or replacement of the mediator if they doubt his impartiality and neutrality!

The communication of the mediator with the trader and the consumer is carried out entirely online through messages in the platform. The mediator assists them in reaching an agreement by holding a joint discussion with both parties, as well as with each of them separately for:

• identifying controversial issues, overcoming obstacles in communication between them, finding common interests;
• exploring possible options for resolving the dispute, negotiating an agreement to settle some or all of the disputes.

The mediator does not provide legal advice.

Mediation can end:

• Without reaching an agreement, either party may terminate it without legal consequences for them, or
• By reaching an agreement, which is settled electronically on the platform.

The content of the agreement is offered by the parties, and the mediator reproduces it on the online platform, from where the user and the trader can download it.

After carefully reading the agreement and assuring that everything they agreed on is reflected, each of the parties confirms that they agree and accept it.