Mediation is a process where a mediator assists in conflict resolution and acts as a neutral party promoting a voluntary agreement between the conflicting participants. Mediation helps the parties restore the lost consensus, i.e., to reach an agreement that satisfies all parties. The main peculiarity of mediation is the presence of clear principles that act as a basis for the whole procedure. Particularly, these are the principles of personal responsibility, voluntary participation, the neutrality of the mediator, and confidentiality of information.
The world community has long realized that the use of mediation is more efficient than going to court. Currently, mediation is being actively used in European countries (such as England, Ireland, France, Germany, etc.), Australia, the USA, and is being gradually implemented in the judiciary of the post-Soviet countries.
Quite often, the parties overlook the issues that may seem awkward at first view or may cause distrust to the other party.
For example, in business, such issues can be as follows:
- How will the partners divide their business if something happens or someone wants to leave it?
- How should certain losses, caused due to the fault of a third party brought by one of the partners, be distributed?
- Is it possible to engage relatives and put them in leadership positions?
There are three main approaches to resolving disputes and conflicts:
- from the position of power
- from the position of law
- from the position of interest.
More and more often, one can hear about the third approach, the main flavour of which is the absence of losers.
Upon mediation settlement, the parties conclude a Mediation Agreement, which is binding and outlines the agreements reached. The parties take full responsibility for its execution and can independently choose the scope and content of responsibilities. As a result, the level of implementation of the agreements reached upon mediation is 90-95%.
Practice experience: 19 years
Specialization: litigation support, tax, customs and antitrust practices, agricultural law, IT and M&A
Practice experience: 15 years
Specialization: complex business support, agrarian and land relations, logistics, GR, retail and FEA
inter- and intra-corporate disputes;
disputes in banking and insurance sectors;
support of projects, the implementation of which affects the interests of many parties;
disputes related to copyright and intellectual property
Mediation is not only one of the alternative ways to resolve conflict, but also today’s objective necessity. As the practice of leading international corporations shows, today’s business requires the ability to negotiate and focus on the creation of a joint product that will solve the problems of the people and satisfy their interests rather than confrontation.
Mediation secures the right to the effective protection of violated interests through the lens of reconciliation of the parties and the promotion of mutual respect.
The participation of a professional mediator in the negotiations promotes a constructive dialogue between the parties and the development of creative solutions, preserves business reputation, saves time and resources.
Mediation services are mainly provided under the following conditions:
- hourly rate
- no more than 10 private and/or joint meetings lasting up to 4 hours each