Mediation
Mediation is a structured procedure and process in which the parties voluntarily try to reach an amicable resolution of a dispute with the help of a neutral third party (the mediator).
Mediation is an alternative to court proceedings and has many advantages over them, namely:
- a low-risk procedure – if no agreement is reached, the parties can still enforce their rights by other means;
- voluntary involvement and participation of the parties in dispute;
- preventing the conflict from escalating;
- a safe space for communication and conflict resolution;
- it is not a strictly formal procedure and has no punitive character;
- active involvement and self-determination of the participants in finding and accepting solutions;
- maintaining and/or improving the relationship;
- as a rule, a faster solution than in court proceedings;
- relief from pressure and stress;
- a focus on the future;
- improved communication and relationships;
- there is no loser;
- as a rule, lower costs than in court proceedings.
The mediation procedure
Mediation in civil and commercial matters has its legal framework in the Mediation in Civil and Commercial Matters Act (ZMCGZ), but the course of mediation itself is not strictly prescribed. It is adapted to the agreement of the parties, the type of mediation and the nature and complexity of the dispute.
How does mediation work in practice?
- One of the parties (participants) takes the initiative (expresses the wish) to resolve the dispute or conflict amicably and by alternative means. This party may itself propose mediation and invite the other party to take part, or the mediator may do so. If the other party also agrees to mediation, the mediator, in agreement with the parties, invites both of them to a first meeting.
- At the first meeting, the parties are introduced to the rules of mediation, the mediator’s intended way of working and the price of the service. If they agree, the participants sign a mediation agreement (contract), which also starts the mediation process (see below).
- After the mediation process has ended and with the consent of the parties, the mediator may monitor the implementation of the agreement, the further relationship between the parties, etc.
The mediation process
Phase 1 (INTRODUCTION): the parties’ consent to mediation, seating arrangements, presentation of the rules of mediation, signing of the mediation agreement
Phase 2 (EXPLORATION, INQUIRY): the parties present their situations, the problem is defined, circumstances are clarified, explored, deepened and understood, common interests are sought, etc.
Phase 3 (FINDING SOLUTIONS AND OUTCOMES): developing ideas for solutions, looking for mutually acceptable outcomes (“win-win”), negotiating the solution and outcome
Phase 4 (CONCLUSION): drafting the agreement and confirming the parties’ consent, agreeing on any further activities
Types of mediation
There are several types of mediation: facilitative, evaluative, transformative, narrative and therapeutic. Our company works mainly with what is known as transformative mediation, which pursues two goals:
- Primary goal: resolving the dispute or conflict
- Secondary goal: improving the relationship, empowerment, recognition, personal growth