Mediation: dispute resolution without court participation

Mediation is an alternative method of resolving disputes with the participation of a neutral mediator. It allows parties to reach an agreement without going to court, saving time, money, and preserving relationships.

Mediation has become widespread in Ukraine relatively recently, but many clients of the law firm “DE-JURE” have already managed to appreciate the advantages of this method of resolution. Mediation is closer not to a classic trial, but to business negotiations, when both parties want to reach an understanding. How this happens, told the lawyer, mediator of the law firm “DE-jURE” Vladislav Martynchuk.

At the first consultation, the mediator tells the parties about how the mediation will take place and signs the agreement. Ideally, if both parties to the conflict come together, but more often it is also necessary to think about how to involve the second party.

The goal of mediation is to first establish communication between the parties, and then move on to determining interests and needs. This stage looks like communication, during which the parties voice their positions, the mediator asks clarifying questions, and in the end the parties find more and more points of contact, and the boundaries of a potential joint solution are formed. Moreover, it is possible to consider those issues that were not in the focus of attention from the beginning, but are important to the parties.

Next, the parties propose as many options for resolving the dispute as possible and check them for realism, feasibility and effectiveness. At the end, several options remain, between which a final choice is made. To consolidate the agreement, lawyers are involved, who draw up a contract. If the mediation is successful, the parties do not return.