Mediation helps resolve disagreements, settle disputes, or peacefully resolve difficult and seemingly intractable situations. The other party should also understand what you are facing and what leads you to your opinion.
What it is for
Mediation is a great way to resolve any disputes in your personal life, workplace, or business relationships. Mediation can help clarify disagreements, settle or reconcile disputes, and help seek solutions of such disputes in the future.
When is mediation needed
Whenever a situation escalates and/or seemingly intractable conflicts begin to emerge. Mediation can help resolve situations that arise both more cheaply and more quickly than the court. Maintaining absolute confidentiality is a given.
This may be the case, for example, in situations where:
- there has been a breach of trust between the parties
- there may have been a breach of commercial confidentiality and the need for/agreement on confidentiality
- you need to find a solution that is quicker than a decision by the court
- you would like to avoid the high costs of court proceedings and find a cheaper solution
Responsibility of the mediator
The mediator's main responsibility is the process itself. It is their job to make sure that each party is given adequate and sufficient (not exactly equal) space to express themselves. At the same time, they neutralize each party's statements by rephrasing them to reduce their potential offensiveness.
They support the parties in gradually finding common ground, trust, and mutual understanding. An equally important part of the mediation process is the search for concrete possible solutions to the situation and the negotiation of their terms.
Responsibility of the parties
The content of the mediation and its outcome are the responsibilities of the parties. It is up to them to explain to the mediator what they are coming with, what they expect from the mediation, and what they imagine the outcome will be. It is therefore essential that the parties come to the mediation prepared, with the necessary data and documents and with a clear negotiation strategy.
Who needs to be present at mediation?
Two parties and a mediator, i.e. a minimum of three people, always attend a mediation. Each of the parties also has the right to attend the mediation with their attorney. The presence of legal counsel can be significantly helpful to a party because of the legal issues that may arise during the mediation, which they can consult with their attorney on the spot.
Preparation and how long it takes
Before the mediation begins, the mediator and the parties address practical issues – when, where, how long the mediation session will last, etc., and conclude a mediation contract.
On average, 2-3 three-hour meetings are sufficient. Based on the mediation session and the solution found, the mediator then forms a mediation agreement with the parties.