Mediation (lat. Mediare - mediate) - a form of extra-judicial resolution of disputes in an impartial means of a neutral third party - the mediator.
Mediation is the most mild form of alternative dispute resolution. During the mediation procedure parties involved in the conflict on their own come to a mutually beneficial solution, drawing on the experience, knowledge and skills of a mediator. Resolution of the dispute depends entirely on the will of the dispute.
Mediation saves time, money and emotional strength of the disputants
During the mediation process conditions, organization, regulation and maintenance of the case can be defined individually.
Mediation is focused not so much on the conflict (clarification of who is right and who is at fault) or on the winning, but on constructive search for solutions.
In terms of time spent mediation can be easily adjusted to the needs of the participants and can take into account the emotional and personal aspects of the dispute.
In this sphere of the private interests of the parties is fully protected, because the process of mediation is a confidential process.
Mediation allows the parties in a dispute to see the future and use their creativity.
At a resolution of the dispute via mediation with the agreements, as a rule, are more durable and meet the real state of affairs, which not only contributes to their implementation, but also makes their implementation of mutually acceptable and natural step.
Mediation exist as long, as there were conflicts. Historians well know that from ancient times mediation has been used in the resolution of international, interethnic and just multilateral disputes. It had different names "mediation", "petition", "offer of good services." Such methods of dispute resolution was increasingly used in cases when the negotiations reached an impasse, and to succeed it was necessary to force the disputing parties to understand and accept each other's perspectives. Many centuries ago, people were convinced that the resolution of serious differences of mutually beneficial and, most importantly, a viable solution easier to achieve by negotiations, rather than using norms or hierarchical order.
Currently mediation widely used in Europe, the USA and in Australia.
Areas of use:
When mediation is possible:
The main one are not legal claims arising from past and future interests of the partners to the conflict and the possibility of preservation of normal relations in the long term (after the divorce, business, etc.); we are talking about long-term, meaningful relationships (for example, if the consequences of divorce affected the interests of the children, or long-term business relationship); the situation has a strong influence of personal relationships and emotional side of the conflict (for example, when disagreements between the shareholders); parties prefer to maintain complete confidentiality, and legal proceedings are usually public; need to develop a comprehensive solution to the general and legal dispute covers (or can cover) is only part of the problem; there are complicated cases which can not be permitted in the interest of both parties (or can be resolved satisfactorily) via the right with its binary construct "yes / no".
Differences mediation of the trial:
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Court |
Mediation |
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The process can begin against the will of one party |
The procedure involves voluntary mediation |
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The judge is appointed |
The mediator is selected |
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The decision is made in strict adherence to the letter of the law |
The decision is made in the interests of the parties but within the law |
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Court has governmental authority |
The mediator has no power and only promotes the development of solutions |
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Prolonged and formalized procedure |
Express and informal procedure |
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Public process |
Privacy |
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Competing parties |
Cooperation of the parties |
Advantages of mediation
