Mediation in Norway

Quick Facts

• Legal Framework: Mediation in Norway follows the Dispute Resolution Act (Tvisteloven) of 2008, which implements the EU Mediation Directive. The Act defines mediation as a voluntary and confidential process for resolvi...
• Cultural Approach: Norwegian mediation culture emphasises consensus-building and equality. There is strong acceptance of mediation as an alternative to litigation. The approach tends to be informal and pragmatic. Norweg...
• Typical Costs: Commercial mediation in Norway typically costs NOK 2,000-4,000 per hour or daily rates of NOK 15,000-30,000. Family mediation typically costs NOK 1,500-3,000 per hour. Court-annexed mediation may be s...

Mediation Research

Legal Framework

Mediation in Norway follows the Dispute Resolution Act (Tvisteloven) of 2008, which implements the EU Mediation Directive. The Act defines mediation as a voluntary and confidential process for resolving disputes. The Norwegian Dispute Resolution Act provides a comprehensive framework for mediation, conciliation, and arbitration. Family mediation is regulated by specific provisions in the Children Act. The Act provides a legal framework for mediation, including confidentiality provisions and the enforceability of mediation agreements.

Court System

Norwegian courts actively encourage mediation before proceeding to trial. Courts may refer parties to mediation and can adjourn proceedings to allow mediation to occur. Court-annexed mediation is available throughout Norway. The judiciary has implemented mediation programmes in many courts, particularly in family courts. Judges may suggest mediation at any stage of proceedings. Courts may consider costs orders where parties unreasonably refuse to mediate. The court system works closely with professional mediators and mediation organisations.

Mediator Regulations

Mediators in Norway are not required to be lawyers, but many are. The Dispute Resolution Act provides for mediator certification. To become a certified mediator, one must complete training programmes approved by the Ministry of Justice. The training includes theoretical and practical components, typically 40+ hours. Certified mediators must complete continuing education requirements. There are several professional associations for mediators in Norway, including the Norwegian Mediation Association (Norsk Medieringsforening). Mediators must adhere to ethical codes of conduct.

Cultural Approach

Norwegian mediation culture emphasises consensus-building and equality. There is strong acceptance of mediation as an alternative to litigation. The approach tends to be informal and pragmatic. Norwegian mediators often take a facilitative role in helping parties reach agreements. The cultural context values direct communication and practical solutions. Family mediation is particularly well developed. Commercial mediation is widely used in business circles. Norway has a long tradition of alternative dispute resolution.

Typical Costs

Commercial mediation in Norway typically costs NOK 2,000-4,000 per hour or daily rates of NOK 15,000-30,000. Family mediation typically costs NOK 1,500-3,000 per hour. Court-annexed mediation may be subsidised or available at reduced rates. Small claims mediation may be free or low-cost. Costs are typically shared between parties unless otherwise agreed. Legal Aid (fritt rettshjelp) may be available for family mediation in eligible cases. Mediation costs are generally tax-deductible for businesses. The cost savings compared to litigation are significant.

States and Regions