Mediation and Other Special Notarial Acts
Mediation
Mediation allows parties to resolve disputes with a mediator's assistance. A notary may certify a mediation agreement where the law permits, verifying that the parties are capable, the terms are lawful, and the agreement is enforceable. Traps: confusing mediation with court conciliation, and certifying terms that dispose of rights the parties cannot waive.
Other special acts
This domain gathers acts outside the mainstream: certification of facts, attestation of a person's presence, deposit of documents and money, issuance of notarial writs, and provision of evidence. Each has its own procedure and evidentiary effect.
Notarial writs
A notarial writ is an enforcement document issued on the basis of an enforcement agreement or a protested bill. The notary verifies the debt's maturity and the absence of dispute. Confusing a writ with a court judgment is a classic error.
Evidence and fact certification
Certification of facts (for example, the time of presentation of a document) creates evidence but does not decide disputed rights. Candidates must not assume the notary resolves the underlying dispute.
Rule of thumb
For any special act, ask: what fact does the act prove, what is its enforcement effect, and does the notary have competence to perform it? If the act would resolve a contested right, it is outside notarial competence.