Suit the action to the word and the word to the action. Shakespeare
Mediation is a negotiation process aimed at the settlement of arguments (disputes, conflicts) between two (or more) interested parties through the intermediary of an independent third party – a mediator. A mediator would not examine evidence nor evaluate the validity of party claims – he is not a person in dispute.
A mediator’s objective is a deep understanding of the parties involved, identification of their positions and interests, and facilitation of conflict settlement on mutually acceptable conditions.
Mediation aims at reaching an effective fair agreement that would respect interests of the parties.
A mediator arranges negotiations, provides conflict management, aids in parties’ coming to a sustainable, feasible agreement satisfying the interests of both parties.
Benefits of Mediation:
● Saving of time which would have otherwise been spent for court proceedings;
● Saving of money which would have otherwise been spent in the course of court proceedings;
● A mediation produces decisions satisfactory to both parties;
● The procedure is carried out by a competent qualified mediator who can help understand all the specifics and nuances of disputed issues;
● The resolution is binding for both parties.
What do you get from the Mediation procedure:
● A professional intermediary in the settlement of disputes;
● Fast procedure without jeopardizing its quality;
● Analysis of the conflict situation and suggestion of a solution optimal for the parties;
● The form and the procedure for the conduct of mediation are at the discretion of the parties.
Mediation agreement conclusion and execution
Purpose: preparation, coordination and signing of a mediation agreement by the disputing parties.
Cl. 2 art. 7 Mediation Law (hereinafter “ML”): Mediation Agreement (hereinafter “MA”) is an agreement reached by the parties in the result of resorting to the MP in a dispute or disputes, come particular differences in a dispute, made in writing.
Mediator is not a party to mediation agreement (parties only).
“Main requirements to MA: unambiguity, precision and clarity”
When making a MA the parties shall be governed by the rules of art.12 ML. Information:
● About parties of MP;
● About the subject of dispute;
● About the procedure carried out;
● About the mediator who performed the MP;
● Liabilities an responsibilities agreed upon by the parties;
● Terms and conditions of the fulfillment of obligations undertaken by the parties.
Legal implications of making a MA
Substantive implications. When the parties conclude a MA in the MP, avoiding legal recourse, then MA is a civil arrangement (part 4 art. 12 ML). P. 3 art. 202 CC RF – from the moment the MA is concluded, the limitation of an action which was suspended due to the conclusion of the Agreement on Mediation Procedure shall continue.
Procedural implications. If the dispute is referred to court (AT) then the conclusion of a MA will be the basis to discontinue the proceedings.
Order implications. Cl. 1 Art. 14 ML – the signing of a MA is the basis for the termination of MP.
Ekaterina A. Sidorova