Mediation

Mediation (from latin «mediare» - to mediate) is a procedure of reconciliation of conflicting parties by their entering into voluntary negotiations with participation of the third neutral party - mediator (intermediary) for achievement of mutual understanding and drawing up of the agreement resolving a conflict situation. Mediation has been existing for many centuries in various forms, and the recent one has been popular and recognized in the developed countries during some decades. According to statistics the majority of world reconciliatory procedures (more than 80 % of disputes) with mediator participation are decided by agreement of dispute settlement. Mediation is especially effective when it is necessary to renew relations between the people with preservation of their relations in the future (business, partnership). Mediation is successful practically in all spheres of our life, i.e. relations between the worker and the employer, business relations (between the management of corporation and the shareholders, partners in business, mutual relations between competitors and clients, and etc.), and even the state ones (relations between the subjects of international law). Mediation can be actual in the aspects of safe termination of business which is often accompanied by the most serious conflicts and leads to adverse consequences, up to liquidation of business. Even more often mediation is common in the procedures of bankruptcy and crisis management of the enterprises. Mediation is prefarable comparing to other ways of dispute resolution: Voluntariness. Mediation occurs only in the case when the parties wilfully decide to enter into negotiations for the purpose of achievement of mutual understanding and conclusion of the agreement of lawsuit. Comparing to coercive methods of dispute decision, mediation allows balancing of the interests of both parties so that to preserve their importance and avoid adverse consequences in the future. Confidentiality. Going to the law, the parties should be reconciled with comprehension of necessity of disclosing of details of the conflict for the public. The agreement on confidentiality is concluded between the parties of negotiations and mediator that guarantees the parties that the conflict will not be made public; the parties independently define whether they need confidentiality and for what type and form of information. Impartiality. A neutrality is one of key characteristics of the person who supervises over the process of mediation. Mediator by no means is interested in the case decision. He plays a role of neutral assistant, but not a judge; he does not counsel, does not take decisions, he is equally neutral with the parties (he is not interested in winning of any of the parties). His purpose is to reconcile the conflicting parties, instead of making decision in favor of one of the parties. Equality of the parties. The parties have equal rights in negotiations and in decision-making. Immediacy of conflict resolution. Mediation takes much less time than litigation, the entering of the decision into validity, execution. Unlike the judicial decision of conflict situation, the immediacy of achievement of result at mediation depends exclusively on conflicting parties, but not on work of the state bodies and etc. Mediation procedure is conducted by our experts by some stages: organization of the process of negotiations; statement of positions of the parties; revealing of the main interest of the parties; search of true interests of the parties and their possible extreme positions; development of the joint decision (search and a combination of alternatives); arrangement of agreement; signing of the agreement of lawsuit. Because mediation is not a certain template, but especially individual work, it is therefore impossible to consider a private experience in mediation in any specific case to be generally applicable. The experience acquired by the participants of one procedure of mediation is unacceptable in other case, even with the same participants. The experts of our company have successful experience in resolution of different kinds and levels of conflicts. Skilful combination of experience of mediation work and new ideas allows us to achieve excellent results and find a rational decision in each specific case. Thus, mediation is one of the alternative ways of conflict resolution. Despite rather short history, it has already got a respect of western businessmen and attracted attention of Russian business.