We mediate disputes and help resolve conflicts on mutually beneficial terms.
to the lead lawyer
Mediation is a method of resolving a dispute without the involvement of a court, when both parties are interested in finding a compromise that meets their needs.
The official definition of the term is established in the Law of Ukraine “On Mediation”, we will try to explain what mediation is and how it is carried out, in simple words.
The mediator does not stand between the two sides, but rather sets the superstructure, which is troubling – it appears only if one side is accepted, or rather offended, causing the need to get home. So mediation is closer not to court proceedings and arbitration, where one party takes part against their will, but to classic business moves between two individuals, each with their own interests and needs. Each side cannot punish the other to remain in their own minds, and each has the right to withdraw from the mediation process, since those who are determined to have no power. The mediator’s task is to encourage people to participate in the procedure and help them find mutual solutions. Mediation services are provided by the legal company “DE-JURE”, and this is one of the possible options for conflict resolution.
The key advantages of mediation in Ukraine are the involvement of both sides in the conflict and the fluidity of the process. The mediator, on behalf of the court, does not deal with positions; his competence lies in the interests and needs of clients. The mediation procedure often reveals that the stated benefits of the participant are not the only way to achieve their interests, and in this type of mediation there is a search for a mutually beneficial solution that satisfies the needs of all parties. In addition, during mediation, constructive communication between participants is improved and relationships are normalized, which makes it possible to find the most optimal solution to ongoing conflict with the authorities interests of each of the participants, and to create a partnership for effective interaction between the parties in the future. If the mediation was successful, then the satisfaction of the participants with the achieved result will be a real asset, even if they were considered by the court. Even then, in the end, only one of the sides wins, and otherwise there is no winning.
The flexibility of mediation is manifested in the fact that if the court is bound by a formal framework, predetermined by law, then mediation allows any decision to be made, including with additional minds and factors that have not been seen at all – or on both sides. satisfied. So, all participants are committed to achieving their goals, regardless of whether their minds are fixed in writing or speaking.
Controversies, when both sides are immediately confronted with a mediator, are a rare concept that practically guarantees the success of the process. More often than not, there is an initiative on one side of the conflict, and the situation develops in the following scenario:
The mediator determines that it is possible to resolve the situation through additional mediation, and finds points between the parties. During the first meeting, the rights of the parties to the mediation, the format of the mediation, confidentiality terms, the procedure for paying for the mediator’s services, etc. are discussed. Then, all these thoughts are fixed in the agreement between the mediator and the participants, and the further mediation procedure is based on them.
In the first case with a mediator, there is no need to prepare any necessary documents, and mediation is not a judicial process or arbitration. Our task is to find a mutual solution to the problem, and not to find out who is to blame. The only document that must be signed before mediation is the agreement with the mediator. In mediation cases, it may be necessary to formalize agreements and agreements in order to record the result.
After the stage of getting to know each other, the mediator informs clients about how the mediation is taking place and the signing of the contract begins with the work. It is important to note that the mediator is both a lawyer and a psychologist, but here’s a secret: it’s not entirely like that. A lawyer can quickly listen to the parties, and let them know that they are behind the law, and the skills of a psychologist are more useful in family mediation, less in business matters, which he most often works with. Legal company “DE-JURE”.
Meta mediation is to first establish communication between the parties, and then move on to identifying interests and needs. This stage of mediation looks like a meeting, before each side voices their positions, the mediator sets the clarifications, and it is up to the parties to find out more points to the point, and the boundaries are formed potential sleeping solution.
At the decision-making stage, the parties present as many options as possible, select those that are definitely not suitable, and those that are not suitable, check for realism, effectiveness and efficiency. Finally, there will be no decision between which to make the final choice. If the parties wish to secure ownership, lawyers must draw up an agreement. Next comes the stage of finalizing the property, and once the mediation has been successful, the parties will not turn back again.
The result of mediation is the discovery of a compromise that is beneficial to both parties. The final decision is carefully discussed between the parties, so that the participants are satisfied not only with a formal place, but with the substantive sense of homeliness. Legal confirmation is not binding and is drawn up as required by law. For example, in government disputes there may be a conflict between corporate rights, government rights to undisturbed property, and other valuable assets. Since the final decision is more complex and rich in stages, the agreement will be successful so that the parties do not miss the original idea.
The main directions include family, work and business mediation. Business mediation, as a rule, separates nutrition from company management and other corporate superstructures. In Ukraine, it does not happen so often, and even in the correct term it is the majority shareholder(s) with a dominant share, which can actually be made if there is a decision.
Great companies that are wreaking havoc on each other do not necessarily want to go to court and tear up their cases again if there is a conflict between them. For example, the company did not finalize the purchase agreement and delivered the wrong model as ordered, or the product may be defective. In addition to the mediation process, the buyer and buyer can negotiate a replacement for a model without defects, additional support, bonuses, or continue the transaction with mutual benefit.
In disputes when establishing contracts, mediation helps to satisfy the main considerations that are important for the parties, and the agreement that protects their interests. In addition to the court decision, the regulation of the mediation route allows you to register any clauses in the contract. And the legal evidence here will help the mediator avoid including provisions in the agreement that are in compliance with the law.
The regulation of changes in corporate superstructures helps in situations where there is no majority shareholder who can single-handedly praise the decision about the upcoming company. For example, his share is divided between the two by 50/50, they conflict, and at the same time the work of the enterprise is paralyzed. In fact, it is absolutely clear that all participants are committed to ensuring that the company works in order to maximize its future and its part in management in different ways. The mediator helps to find a way out and direct the order of the given situation, whether it is dividing the function between the participants or finding an alternative to the purchase of a part or a part of the business – a smut, so that there is a solution It is useful and useful for both sides.
So it wouldn’t be a problem, you should contact the law firm “DE-JURE” for a consultation, which, among others, is likely to be included in the TOP-50 largest legal firms in Ukraine and one of the leaders in Pivdenny regions. Our specialists will help with both mediation and representation in court.
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