Mediation – a method of extrajudicial resolution of conflicts (disputes) with the help of a neutral third party – the mediator who accompanies the process of mediation by applying certain techniques of negotiation and the parties to the conflict come to a satisfying resolution on their own while the the mediator does not take part in formulating of said resolution.
Mediation aims to help the conflicting parties in finding a solution that will meet their interests in a strictly confidential and non-judicial procedures. Parties under the leadership of the mediator are active participants in the mediation process and responsibly work on conflict resolution.
Principles of Mediation: voluntary, confidential, neutral mediator, responsible parties, mutual respect and equality of parties, result openness.
What does the mediator?
The role of the mediator is different from the role of a lawyer or consultant (psychologist). Mediator:
- is obliged to be neutral and to maintain the secrecy of information received, and can not be a witness in court that protects the private interests of the parties
- aims at achieving a clear agreement between the parties to the conflict
- is focused on the future, which parties to the conflict would like to see
- is responsible for the mediation process and controls it, but does not affect the result
What distinguishes mediation from the trial? Mediation is a structured process, which is usually limited to one or more sessions, and covers all sides of the conflict (complex resolution), to which the future participants will not return. Parties save time, money expenditures, emotional strength, also there is the possibility to avoid heavy material losses, maintain the reputation and possibility of communication in the future. Decisions are made by the parties themselves, and not by someone else. The final decision is in the interest of all parties, not just one as in the case before the court. Also, during the mediation emotional and personal aspects of the dispute can be taken into account and mediation can be individually organized, including the time spent.
When the use of mediation is possible?
- if the personal relationship and the emotional side of the conflict heavily affect the situation (such as in case of family disputes, inheritance and other relations);
- when legal dispute may cover only part of the problem, and you need to develop a comprehensive solution;
- when the main goals are the future interests of the parties of the conflict, as well as the ability to save important communications in the future (for example, contact with children after divorce, etc.), rather than legal claims arising from the past;
- if the conflict (dispute) consists of complex situations that can not be resolved in the interests of both sides with the help of law;
- parties prefer to maintain complete confidentiality, while legal proceedings are usually held public, etc.