Business without legal barriers

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%.

The specialists:
The most common spheres where mediation is used are as follows:

inter- and intra-corporate disputes;

disputes in banking and insurance sectors;

support of projects, the implementation of which affects the interests of many parties;

labour conflicts;

disputes related to copyright and intellectual property

Advantages of Mediation
Efficient Communication A mediator can help establish communication between the parties, identify the initial causes of the conflict, and understand each party's needs
“Don't focus on the problems, focus on finding opportunities” The parties do not need to look for the evidence of their rightness and appeal to legal rules. Moreover, due to the large number of gaps in Ukrainian legislation, the unscrupulous party may speculate on this
Saving Resources Mediation practice shows that conflict between the parties can be resolved at the first meeting or, if the situation is more complicated, at least within two weeks, and the cost of mediation is much less than of litigation
Flexibility Mediation is a flexible process where the parties can decide where and when to meet, whether to have joint or separate meetings. If necessary, they can always take a break or extra time
“No third-party influence and imposed decisions” Contrary to litigation, where the parties only bear responsibility related to the court decision, the parties in the mediation settlement may choose what decision is acceptable for them. Mediators do not make decisions for the parties; they only help them to arrive at a decision thanks to special mediator’s skills
Mediator’s Advice