About mediation
Mediation is a contemporary method for voluntary dispute resolution, where the parties are assisted by a third neutral and impartial party - mediator, to reach a mutually acceptable agreement.
Mediation is a way of resolving disputes, which occurred in the 70 years of the 20th century in USA.
Through mediation the dispute is resolved quickly, cheaply and efficiently. Through mediation the dispute is resolved quickly, cheaply and efficiently. The parties are free to determine their interests and priorities as well as to select a mediator. The parties themselves control the outcome of the procedure.
The mediation procedure is confidential and the mediator guarantees the secret shared by the parties before him/her.
The procedure is carried out in an informal setting and at a time which complies with the parties.
The mediation aims for the parties to preserve their relations.
Mediation is the procedure in which there is no imposing of will on the disputing parties and no losing party.
The mediator is a specially trained person who is not a lawyer to the parties nor a judge or arbitrator. The mediator is not allowed to give legal advice to the parties. His/her role is to advise and assist the parties to reach a mutually beneficial settlement of their dispute. The mediator is impartial.
Disputes which can be solved by mediation:
1. commercial disputes – between traders in commercial transactions, membership relations in trading companies and relations between and with banks and financial institutions, financial disputes, competition;
2. intellectual property etc.;
3. insurance litigation - insurance, determining the amount of compensation, payment of insurance benefits etc.
4. disputes over rental relations - rental price, damages, eviction of a tenant;
5. construction - between the different participants in all phases of the origination of the idea for the site to its final implementation, coordination and commissioning, claims in construction, etc.;
6. labor disputes - amendment, termination of employment, contracts, damages, labor remunerations, continuity of employment, etc., collective labor agreements;
7. consumer disputes, warranty terms claims;
8. tort - pecuniary and non-pecuniary damages;
9. disputes of public interest - environmental, ethnic, etc.;
10. civil disputes - family, household, property, contractual.
How the mediation process begins:
Mediation can be applied at any stage of a dispute. The sooner - the better, but even in pending case before a court or arbitration, it is possible.
In order to start the procedure, both or one of the parties should contact a mediator. The mediator takes action to establish contact with the other party.
If both parties agree to resolve their dispute through mediation, and point out a specific mediator, the procedure can continue.
A mediation agreement is signed, which describes the terms and conditions based on which the mediation will be carried out.
After that the mediation sessions are carried out. They can be general and individual.
Each party can use the services of a lawyer or another advisor during the procedure.
The parties are free to decide how to complete the procedure. They are not required to reach a settlement of the dispute. They can agree on all, some or none of the issues in the dispute.
There is no requirement for the validity of the agreement, but usually it is concluded in writing.
The written agreement is signed only by the parties to the dispute. If the parties want, it can be certified by a notary or if there is a pending dispute - to present it to the court for approval as a court settlement.