MEDIATION IN CIVIL AND COMMERCIAL DISPUTES
RESOLVE DISPUTES WITHOUT COURTS
/About the service/
What is
mediation
Mediation is a method of out-of-court dispute resolution with the participation of a certified expert. Instead of a lengthy court case, the parties discuss the issue at the negotiating table and find a solution that satisfies both sides.
It is efficient, fast (on average up to 3 months) and conflict-free. Mediation helps maintain relationships and minimise costs, both financial and emotional.
/When to call/
When it is appropriate toresort to mediation
/Advantages of working with us/
Advantages of mediation over
judicial proceedings
Mediation is an effective and flexible dispute resolution process that offers the parties theopportunity to reach an agreement without having to go to court. The use of mediation has a numberof advantages over traditional legal proceedings, including:
Cost reduction
Mediation is usually much cheaper than litigation. It eliminates numerous court hearings, attorneys' fees, as well as court fees and other administrative expenses. Unlike the court process, in mediation it is not necessary to pay the state tax, which further reduces the financial burden.
The deadline for resolving the dispute
Unlike lengthy court proceedings, mediation allows conflict resolution in a shorter period of time. Most cases can be resolved within weeks, which is much faster than waiting for court cases.
Flexibility and control of parts
In the mediation process, the parties retain full control over the final decision. Together with the mediator, they work out a solution that satisfies both parties, rather than relying on a court decision, which may not satisfy either party.
Confidentiality
Unlike public court proceedings, mediation takes place in a confidential setting. All discussions and proposals remain outside the public sphere, which helps to maintain the reputation of the participants.
Maintaining relationships
Mediation contributes to constructive communication and finding mutually beneficial solutions, which is especially important for maintaining professional and personal relationships between the parties. While legal proceedings often escalate conflict, mediation helps parties find a compromise and maintain relationships.
The possibility of creativity in solutions
In mediation, parties can reach solutions that are not provided for by standard court procedures, including flexible and unconventional terms that may better suit their needs and interests.
Execution of mediation transactions
Mediation deals are legally binding if the parties decide to sign them. After the court approves the transaction, it becomes mandatory to execute, and if one of the parties violates the conditions, an enforceable title will be issued. In addition, the dispute resolved in mediation will no longer be the subject of legal proceedings.
Reimbursement of state tax
If the dispute is already in court and the parties decide to resort to mediation, they can recover the state tax paid if an agreement is reached. This represents additional savings for businesses or individuals.
Mediation offers parties a unique opportunity to resolve their conflict while preserving their interests and relationships. This process is suitable for a wide range of disputes, from commercial and labor disputes to family and inheritance disputes.
Contact us to find out how mediation can help you resolve your conflict effectively and peacefully.
#Devdera & Partners Law Firm
/How we work/
How does the mediation processwork with us?
Initiating mediation
Mediation can be initiated at different stages of the conflict: before bringing the action to court, during the trial or even at the stage of enforcement of the court decision. One or both parties may call on a mediator to resolve the conflict peacefully.
Conclusion of the mediation agreement
The process begins with the signing of the mediation agreement between the parties. This is an important step that formally initiates the mediation and confirms the agreement of all participants to resolve the dispute through the mediator.
Preparatory meeting
and meeting to discuss the dispute
After concluding the mediation agreement, the mediator organizes preparatory meetings with each party, during which he explains the mediation process and sets goals and expectations. The main meetings can be joint or separate for each party, depending on their preferences. The mediator uses special mediation methods and techniques to help the parties resolve the conflict effectively. The number of meetings is not limited, and they can take place both online and offline.
Main session (mediation)
In the main mediation process, the mediator helps the parties identify their interests, discuss possible solutions and reach an agreement. These can be joint or separate meetings with each party, depending on the needs. The mediator helps the parties using various techniques and methods designed to lead to a mutually beneficial outcome.
Solution proposal
During mediation, the mediator may suggest possible ways to resolve the dispute to the parties or help them develop an optimal solution. This can be both a new agreement and a change to the terms of an already existing agreement.
Conclusion of the agreement
If the parties reach an agreement, the mediator helps prepare a written agreement, which is signed by both parties. After that, the agreement can be approved by the court to give it legal force. In case of its violation, the court issues an enforceable title.
Execution of the agreement
Once the agreement is approved by the court, it becomes binding for enforcement. If one of the parties does not comply with the terms of the agreement, a writ of execution is issued for enforcement.