MEDIATION

Why mediate?

Mediation is a method of out-of-court dispute resolution. Mediation allows parties to learn positions of the other parties in more detail and thus re-evaluate their own positions and explore whether there is any potential for settlement. Provided that parties to mediation act in good faith and are interested in a settlement, usually settlement percentage in profession mediation sessions is more than 85%. Mediation owes its success to the following reasons:

Mediation allows an opportunity with the help of the mediator to re-evaluate their own positions and the position of the opposite party. During mediation, parties learn about legal arguments and evidence of the opposite party and thus gains a better view about the court perspective of the case and its potential outcomes.

Mediator prevents deterioration of the parties’ relationships. When parties negotiate directly and without participation of a mediator, they usually do not compromise in order to protect their positions and their image of self-confidence and act aggressively. It is the duty of the mediators to prevent situations, when parties cannot compromise, by using certain mediation tactics.

In mediation parties are in control of the resolution of their disputes. Due to such control, parties do not face decisions of third persons (such as judge or arbitrator), which are unreasonable from the parties’ perspective. In addition, mediation allows the parties to decide what best serves their interests.

Mediation is shorter than court litigation and arbitration (usually mediation takes one day).  Such short duration of mediation reduces expenses of the parties. In addition, usually execution of arbitral and court decisions requires lengthy court and execution proceedings. On the other hand, parties usually perform settlement agreements, reached during mediation, without delay. As a result, in mediation parties obtain benefits and resources with the present-day value, as opposite to indefinite future value.  

Unlike most court procedures, mediation is confidential. Such confidentiality in addition to protecting sensitive information of the parties also keeps confidential the existence of any dispute between the parties and thus allows the parties to continue their relationships without losing their public faces.

To allow our clients such opportunity to benefit from advantages of mediation our company renders mediation services. In case you have a dispute which you are not interested in litigating for various reasons, you can refer such disputes to mediation. You can refer your case to mediation either jointly with the other party or in case you have any inconvenience in contacting the opposite party you can provide us with contact details of the opposite party so that we can invite the opposite party to mediation.

In case you have any questions or need clarifications concerning any of the above issues, you can contact us at info@arbme.org .

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