Mediation
Mediation, or mediation procedure, is a negotiation for an amicable settlement of the dispute with the active participation of a third person: the mediator. It is a completely voluntary procedure of the parties, which is based on their desire to end the dispute amicably on the basis of a mutually acceptable consensus - that is, without the need to initiate arbitration or court proceedings.
This is a non-authoritative method, as the mediator does not have the authority to issue a binding decision or coercive authority in a dispute. This de facto independent manager brings outside expertise to the problem. He strives to resolve the situation, not to win a trial. Thus, the conclusion of a mediation agreement, which forms a new starting point for cooperation between the conflicting parties, is a success.
Mediation is often the only way to successfully find a way out.
If communication between the parties has already been interrupted, it is possible to secure the services of a mediator even "unilaterally". In the first phase, the mediator will strive to resume negotiations with the other party and actively resolve the disputed issue. In the second, he will lead the mediation process itself.
Mediation is chosen by the parties if:
are interested in continuing the relationship and quickly resolving the impasse,
the problem is multi-layered,
they care about the outcome so much that they prefer agreement over authoritative decision. When other methods of negotiation fail, mediation is often the only way to successfully find a way out.
Our association offers parties to a dispute two levels of negotiation. The most common form is simplified mediation before the actual arbitration proceedings begin. This is the last attempt at a friendly and non-confrontational solution to the problem, a proposal to consider the dispute by the opposing party and reach an agreement. This mediation challenge can save both parties time and money. If, however, it is not successful, an arbitration procedure follows. The second option is standard negotiation. After getting to know the mentality of both parties, our association will recommend a mediation procedure that will correspond to their assumptions and habits.