Another way to resolve a civil dispute out of court is mediation. This is a conciliatory procedure, which involves a third party uninterested in the dispute to help you find a middle ground.
Mediation has long established itself in world practice as the most effective procedure for resolving conflicts of varying complexity and categories. In the UK, USA, China, India and the EU, mediation is enshrined at the legislative level. Mediation is quite new to Russian legislation, but over the past 10 years it has been actively developing and has almost become a common practice. Mediation is currently applied on the basis of the following principles:
- voluntary participation
- equality of the parties
- impartiality and independence of the mediator
As a general rule, mediation in commercial disputes is a voluntary matter, but if the parties have entered into an agreement on the application of the mediation procedure and have undertaken not to go to court within the time period stipulated for its implementation, then the procedure becomes mandatory.
Who can be a mediator?
First of all, the one who is approved by all parties to the dispute. Both professional and non-professional participants can be mediators. If the parties applied to mediation before the trial, then the main requirements for a non-professional mediator candidate will be:
- reaching the age of 18;
- legal capacity;
- no criminal record.
If the dispute is handed over to a court, only a professional mediator can be invited to conduct the conciliation procedure. Mediator must meet several requirements:
- reaching the age of 25;
- higher education or additional professional education in the field of mediation.
WHo cannot be a mediator.
- Representative of one of the parties;
- A person who provides legal, consulting or other assistance to one of the parties;
- A person interested in a dispute (for example, a relative).
To find a specialist, you can always contact organizations that provide conciliation procedures, or SRO mediators.
The mediator involved by the parties must explain to the parties the purpose and procedure, listen to the parties' views on the conflict. Further, the mediator forms questions about the subject of the dispute, which the participants will discuss together and on the basis of which the mediator will determine the interests of the parties. Then the mediator proposes possible solutions to the problem, the parties jointly discuss them and look for the best option.
The parties can draw up the deal in the form of a settlement, and if the case is already in court, then declare a waiver of the claim or recognition of the claim.
It seems that for resolving conflict situations in the business environment this method of mediation is the most profitable, since it allows you to maintain business and partnership relations between the parties and not bring the case to court, after which companies rarely continue to cooperate.
TEAM is always ready to contribute to the peaceful resolution of the conflict and recommend both professional and non-professional mediators who can help resolve your conflict in the best possible way.