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.

What is the main purpose of mediation?

Mediation is aimed at assisting parties in finding a suitable solution and eliminating the conflict in a civilized way, by communicating and greeting each other, which is practically impossible during the ordinary court proceedings.

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!


Mediation spheres

Property law

Politics

Inheritance

 Family issues  


Business issues

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.

Conflicts are inevitable in politics, as well as in private life.

The main difference is that political conflicts involve a large number of participants because not individuals, but groups, organizations and even peoples act as the parties.

Political conflicts can be resolved through:

- compromise, but in this case the parties have to cede and partially sacrifice their interests;

- a referendum, but it requires consideration of interests of the losing party so that it accepts the voting results.

The above-specified variants do not solve problems.

They result in one party winning the other party, which can further evoke new conflicts.

Mediation is an alternative method of resolution of political conflicts:

- the procedure stipulates independent development and decision-making by the parties;

- it is perfect for conflicts between states supporting sovereignty and autonomy as the basis;

- due to the large number of participants, the procedure involves their representatives, which makes this procedure slightly differing from mediation in civil matters.

Types of mediation

Optional

At the parties’ discretion. They can resolve the dispute through court, but they use mediation for conflict resolution.

Mandatory

Before applying to court, the parties shall first attempt to carry out mediation. In case of failure, they can apply to court.

Assigned

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.

    Muzhchinina Olesya

     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.

Minimum time

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

Confidential procedure.

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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