What is mediation?
- Mediation is an extrajudicial process whereby a third neutral party (mediator) supports the parties in dispute to find a joint solution of their dispute, within the framework of the law.
- The mediator is a specialized professional trained and licensed person at facilitating the communication between disputants, helping them to better understand their differences and find an agreement that satisfies the needs of all the parties in dispute and is mutually accepted by them.
Basic principles of mediation
- Volunteering. Mediation is a free process, where the parties decide to participate of their own free will and can leave the process at any time they deem appropriate.
- Impartiality and Neutrality. A mediator has no preference or bias for either party and has no personal interests in the dispute he mediates.
- Justice and Integrity. The mediator must respect a code of ethics and be transparent in his dealings with the parties and treat them with respect and fairness.
- Equality of the parties. Despite their differences, the parties mediate as equals in rights and dignity, and neither party is allowed to impose its will on the other.
- Confidentiality. Everything that is said or written during the mediation process cannot be used in subsequent court proceedings.
- Privacy. The dialogue between the parties takes place in a private environment, without the presence of third parties, with a mutual agreement not to extract the information learned during the mediation process.
When can mediation be used?
Mediation applies to the resolution of all disputes in the field of:
- Civil law
- Commercial law
- Labor and family law
- Intellectual property
- Consumer rights
- Disputes between public administration bodies and private entities
- Juvenile justice
Articles 59 and 284 of the Code of Criminal Procedure apply to criminal cases.
What is the value of the agreement?
The agreement signed by the parties and mediators, provided it is in accordance with and in compliance with the law, turns into an executive title.
Benefits of mediation
Why should I choose mediation?
- It is faster and cheaper than going to court.
- The agreement signed by the parties and the mediator is an executive title.
- Decisions are made by the parties themselves, ensuring an acceptable agreement on their part.
- Mediation is flexible, you can start it before a lawsuit, or at any stage of it.
- During mediation, creative solutions may be found that are more suitable for you.
- Settlement terms are private and confidential.
- It helps parties improve communication and enables them to find better ways to handle conflict.
- Resolving disputes through mediation helps maintain and improve relations between the parties.
- In mediation there is room to address the feelings, embarrassments and worries caused by the conflict. In mediation, people are important.