Summary

Mediation proceedings are not common in the Estonian legal system unlike in the Member States of the European Union. Also, there is no central institution co-ordinating the provision of the mediation service in Estonia. Although the draft Legal Services Act treats representation of a person in pre-trial proceedings as the provision of a legal service and provides that legal counsel is competent to act as an arbitrator and conciliator, the concept of mediator is not defined.

The author outlines the nature of mediation proceedings and compares them with other similar proceedings in Estonia. She also explains why several international organisations prefer mediation proceedings to other ways of out-of-court settlement of disputes. The provisions regarding mediation proceedings for the resolution of civil disputes as established in the European Union and by the Council of Europe are introduced. In addition, the author looks at the possible role of mediation proceedings in the Estonian legal system. Relying on the practice in other countries, the author explores the organisation and authority of a mediation body, the rules underlying mediation proceedings, the legal effect of a settlement reached in such proceedings, the liability of a mediator, the relationship between mediation proceedings and court proceedings and the possibilities for contesting a settlement reached.