Mediation

T The hardest thing in negotiations is controlling emotions and focusing on facts, said #HowardBaker

AGREEMENT vs. DISPUTE and COST INCURRED of the case won after many years? – it is worth to ask ourselves this questions before we start the court proceedings.

Sometimes it is worth to together, in conditions which are comfortable for us, try to find a solution which would be beneficial for both parties. In the end this often turns out to be more beneficial in terms of time and money, and above all as far as the stress we spare is concerned, because we have real influence on the result of terminated proceedings.

What is mediation? 
It is a voluntary and extrajudicial form of settling disputes, i.e. a place where both parties together can, in a set and convenient time discuss their expectations as well as claims, and then work out a favorable solution. During the whole process the parties and the mediator have a duty of confidentiality.

What do we achieve through participating in mediation? 
In the end of the mediation process the mediator always draws up a protocol informing about the settlement or lack of settlement.
The settlement concluded in front of the mediator is in most cases approved by the court at a closed session, i.e. without the presence of the parties. After the approval it has legal force of the settlement concluded in front of the court.
The settlement approved through the declaration of enforceability is the enforcement order. If the settlement with the enforcement clause is not executed, its execution can be sent to debt enforcement collection proceedings.

When should you participate in mediation?
Mediation can be used in civil cases (including: economic law, family law, labor law, contract law), criminal as well as juveniles cases.

There are two forms of conducting mediation. It can be conducted based on the contractof mediation, i.e. the parties themselves declare that they would like to participate in mediation, or based on the court order which directs the parties to mediation. One can join the mediation before the beginning of legal proceedings or with the consent of both parties during the legal proceedings.

What is the role of a mediator?
Mediator maintains complete impartiality and confidentiality during the whole mediation procedure. 
Mediator helps in amicable resolution of the dispute through, among others, supporting the sides in finding the root cause of the conflict and formulating settlement proposals. By mutual agreement, mediator can indicate ways of resolving the dispute. The parties decide on the final decision and on making or not making a joint agreement and signing the settlement.
Mediator can not be a witness in the case related to facts where he/she was conducting mediation. The exception is the situation when the parties release him/her from the duty of secrecy.