Our partner JUDr. Tomáš Mach is a registered mediator listed by the Czech Ministry of Justice. Alongside legal advice, we therefore also offer impartial mediation. It can be conducted in Czech, German, English and Portuguese – a particular advantage in cross-border disputes.
What is mediation?
Mediation is a way of resolving a conflict in which the mediator supports communication between the parties so that they reach an amicable solution themselves and conclude a mediation agreement (Section 2(a) of Act No. 202/2012 Coll., on Mediation). The mediator does not decide the dispute or take sides; the parties alone are responsible for the content of the agreement (Section 3(3)).
The mediator does not decide the dispute. The parties find the solution – and decide on the outcome – themselves.
Principles of mediation
- Voluntariness Any party may end the mediation at any time. Starting mediation does not limit the right to go to court (Sections 3(4) and 6(3)).
- Impartiality and independence The mediator acts personally, independently and impartially. If there is any doubt about impartiality, the mediator declines or ends the mediation (Sections 5, 6 and 8(1)).
- Confidentiality The mediator must keep confidential everything learned in preparing and conducting the mediation; only all parties together can release the mediator from this duty (Section 9).
- Party responsibility The parties look for the solution and decide on the outcome themselves; the mediator helps them conduct the conversation.
- Best interests of the child In family mediation, where a child’s rights are directly affected, the mediator gives particular weight to the child’s interests (Section 8(1)(b)).
- Separate from legal representation A mediator may not provide legal services in the same matter (Section 8(2)). As mediator, he therefore represents neither party in that matter.
Mediation under Czech law
- Registered mediator The register of mediators is kept by the Ministry of Justice. Lawyers take the mediator exam at the Czech Bar Association, and the registration is also noted in the register of lawyers (Section 23 Mediation Act, Section 49a Legal Profession Act).
- Mediation contract Mediation begins when the parties and the mediator sign a written contract which sets out, among other things, the subject of the conflict and the duration of the mediation (Section 4).
- Mediation agreement It is made in writing and signed by all parties (Sections 2(f) and 7). On its own it is not an enforceable title. It becomes enforceable if a court approves it as a settlement (Sections 67 and 99 Code of Civil Procedure) or if the parties record it in a notarial deed with consent to enforcement (Sections 71a and 71b Notarial Code).
- Court-ordered mediation A court may order the parties to attend a first meeting with a registered mediator of up to 3 hours and stay the proceedings for up to 3 months (Section 100(2) Code of Civil Procedure) – but not in cases of domestic violence (Section 100(3)). Since 2026 courts may also order this in proceedings on the care of a child (Section 468b(6) Act on Special Court Proceedings).
- Limitation periods Neither the Mediation Act nor the Civil Code mentions mediation expressly. In our view, a mediation contract can be treated as an agreement on out-of-court negotiations, during which the limitation period does not run (Section 647 Civil Code). This does not apply to preclusive time limits, so we monitor them during the mediation.
- Cross-border disputes The Act implements Directive 2008/52/EC on mediation. For mediation conducted in another EU member state, limitation periods expressly do not run during the mediation (Section 29 Mediation Act).
When is mediation suitable?
Disputes between business partners and shareholders, employment disputes, neighbour and tenancy disputes, inheritance disputes and family matters – especially where the parties need to keep working together after the dispute, and in disputes between parties from different countries.
How mediation works
- Initial contact and explanation of the principles.
- Signing the mediation contract.
- Joint and, where useful, separate sessions.
- Drafting the mediation agreement.
- Where needed, court approval or a notarial deed.
Frequently asked questions
Do I have to attend if a court orders mediation?
A court can only order a first meeting of up to three hours. Continuing the mediation is voluntary.
Can the mediator testify about what was said?
The mediator is bound by confidentiality and may only testify if all parties release him from it.
Is a mediation agreement binding?
Yes, as a contract. It becomes enforceable after court approval or when recorded in a notarial deed.