Mediation and mediator
Mediation in law, politics and business
Mediation is an alternative method of conflict resolution through negotiation. It is a dispute resolution procedure involving an impartial person, the mediator, who assists parties in reaching a mutually beneficial agreement.
Mediation promotes conflict resolution through a dialogue. Disputing persons rather often support their positions and interests, talking past each other. Therefore, mediation involves an independent agent, the mediator, who helps parties understand each other and reach an amicable agreement. So, the procedure requires cooperation of participants, but not confrontation.
I have an Italian diploma in mediation (Сamera di mediazione nazionale).
To date, Italian mediation system is one of the most developed in Europe. This is explained by the fact that in Italy mediation is an obligatory procedure in 80% cases, and the mediation agreement is binding.
Who is a mediator?
It is the person providing an impartial assistance to parties in dispute resolution; the mediator is properly trained in the subject and has excellent communication skills to carry out mediation procedure management.
What is the mediator’s function?
The mediator provides assistance to conflicting parties, in particular, by drafting the mediation agreement related to the dispute in question.
BINDING MEDIATION AGREEMENT
It is important that both in mandatory and optional mediation the mediation agreement becomes immediately binding after signing by attorneys of all parties without additional approvals since by signing the agreement attorneys certify its compliance with the mandatory regulatory framework and public order.
In other cases, the agreement becomes binding after the approval thereof by the presiding judge of the court of the respective jurisdiction. It takes very few days so the proceeding is not prolonged
So, after proceeding completion you obtain both an enforcement order and a mediation agreement that can no longer be appealed under the laws of Italy!
Responsibility of medical attendants, medical institutions and healthcare authorities
Defamation in press or other media
Insurance, banking and financial contracts
International and domestic business conflicts
Disputes related to real estate, including enterprises as facilities
Mediation in politics
I'd like to focus on the preferred direction – mediation in politics.
Types of mediation
At the parties’ discretion. They can resolve the dispute through court, but they use mediation for conflict resolution.
Before applying to court, the parties shall first attempt to carry out mediation. In case of failure, they can apply to court.
The judge to which the parties apply offers or orders them to carry out mediation by declaring the impossibility of case review in court after the first hearing.
Is it possible to avoid mandatory mediation in accordance with the Italian law by immediately applying to court?
A number of issues require the mediation procedure. In this case, the law stipulates that mediation is a preliminary and necessary condition for claim review through court.
This means that the court proceedings cannot continue without preliminary mediation, regardless of its result.
lawyer, mediator, consultant, analyst
Advantages of mediation
The procedure has a large number of advantages vs. conventional methods of conflict resolution, e.g., court and arbitration proceedings.
The primary function of mediation is to assist in dispute resolution by making initially rough, stressed and convinced parties reach an agreement.
This involves the introduction and application of a number of actions that are omitted in most ordinary court proceedings.
The world of law pays little attention to the assessment of behavior and reactions of persons involved in court proceedings. Everything is based on legal assessment and study of the advanced applicable practice.
Logic of court proceedings
“I WIN – YOU LOSE”
Logic of mediation
“I WIN – YOU WIN”
Late justice is no justice
The justice system is slow and sometimes does not work at all, especially when it is necessary to make a decision considering the interests of parties, rather than insensate court practice, as well as within reasonable terms.
The whole procedure typically takes no more than three months.
Regulation of the conflict as a whole
Including all conflict aspects: emotions, problems, needs, values and interests, which are usually not considered during civil and arbitration proceedings.
Low and strictly regulated cost of the procedure
Its cost is lower than that of any of conventional conflict resolution procedures because tariffs are strictly regulated by the Ministry of Justice. This gives more constructive results..
10 + 1 advantages of mediation in civil disputes
Time and cost-saving.
The parties act as main participants: they can be freely involved in the procedure and independently decide on the need and method for reaching an agreement.
The purpose is reconciliation. The mediator acts as an impartial third person who helps the parties reach an amicable agreement.
As a rule, it contributes to the long-run relations between the parties. They not only cooperate to reach an agreement, but the agreement itself makes it possible to maintain their relations in the future.
It applies to numerous conflict situations: the matter in dispute is not as important as real needs and interests of the parties.
The participants can express their creativity: the mediator promotes brainstorming, assists in changing the point of view and developing as many solutions to the problem as possible.
The mediator “expands the horizons of opportunities” beyond the dispute: it induces to search for alternative variants using the active listening method.
Mediation is a clear procedure: it is carried out in accordance with the rules established by the mediation body.
It applies the managed negotiation method.
10 + 1 professionalism of the mediator can change the situation!
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