Mediation is one of the technologies of alternative dispute resolution (ADR) with the participation of a third neutral, impartial, uninterested party - a mediator who helps the parties to work out a certain agreement on the dispute, while the parties fully control the decision-making process to resolve the dispute and the terms of its resolution. At the end of the mediation procedure, the parties can sign a document fixing the agreement – a mediation agreement.
Mediation is regulated by Federal Law No. 193-ФЗ of July 27, 2010 "On Alternative Dispute Settlement Procedure with the Participation of an Intermediary (Mediation procedure)". In 2019, the law was amended, according to which the mediation agreement acquired the force of a writ of execution if notarized.
Mediation is applied to a wide range of disputes: civil (business, other economic activities, etc.), inheritance, housing, arbitration, family, labor, etc.
When a conflict occurs, the emotions of the parties are heated to the limit, these emotions drown out logic and the parties simply do not see the root of the problem, although the resolution of the dispute lies on the surface – that's where the mediator comes to the rescue – a professional and balanced detached view. Independence is the key to the effectiveness of the procedure. It happens that after the first round of mediation, the parties are surprised to learn that there was nothing to argue about, how trifling the essence of the problem was. Moreover, the parties themselves control the decision-making process.
Principles of mediation:
Voluntariness: unlike litigation, the entry of all disputing parties into the mediation process is voluntary, and the mediator is freely chosen. No one can force the parties to participate in mediation if they do not want it for any reason.
Confidentiality: Everything that is said or discussed in the mediation process remains within this process. The mediator cannot act as a witness if the case is still brought to court. If, with the consent of both parties, the mediator conducts individual conversations, he keeps their contents secret.
Mediator's neutrality: The mediator maintains an independent, impartial attitude with each of the parties and ensures them an equal right to participate in negotiations. If the mediator ceases to maintain impartiality, he is obliged to refuse to participate in the negotiations.
Equality of the parties: no party has procedural advantages. They are given the same right to express their opinions, determine the agenda of negotiations, assess the acceptability of proposals and terms of the agreement, etc.
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