Mediation, Arbitration, and Court Disputes

Mediation, Arbitration, and Court Disputes

Mediation is a flexible and effective form of out-of-court dispute resolution. It is based on the involvement of a third, neutral and impartial party — the mediator (intermediary).

Mediation is one of the most amicable and cooperation-oriented forms of alternative dispute resolution (ADR). During the mediation procedure, the parties involved in a conflict independently reach a mutually beneficial solution, relying on the experience, knowledge and skills of the mediator. The resolution of the dispute depends entirely on the will of the parties themselves, which gives the outcome greater stability and long-term effectiveness.

The methods of mediation are primarily based on conducting negotiations in a spirit of cooperation.

This process guarantees impartiality and objectivity in the consideration of the situation and offers a number of significant advantages:

  • Mediation helps to significantly save time, financial resources and emotional effort compared to court proceedings.
  • The setting, organization, rules and content of the procedure can be determined individually, adapting to the specific needs of the parties.
  • Mediation focuses not on determining who is right or wrong, but on the constructive search for mutually acceptable solutions.
  • The time frame and schedule of meetings can be easily adapted to the needs of the parties, taking into account emotional and personal aspects of the dispute.
  • The private interests of the participants are fully protected, as the mediation process is strictly confidential.
  • Agreements reached through mediation are generally more durable and better aligned with the actual circumstances, which facilitates their implementation and makes their execution a mutually acceptable and natural step.

At present, mediation is widely used in European countries, the United States and Australia as an alternative and at the same time effective tool for dispute and conflict resolution between parties.

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