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Mediation is one of the many ways for effective dispute resolution. This procedure is based on the voluntary participation of the conflicting parties, which is led and guided by the intermidiary (the mediator) with an aim to simplify the communication between the parties in order to create the conditions in which they can reach an agreement to settle their dispute. Additional positive characteristics of the mediation process are confidentiality of the process and neutrality of the mediator.
While litigation is formal and claim-oriented, mediation offers a flexible and adaptive approach in which all sides of the conflict can be considered, regardless of their legal significance. That is why, mediation, as opposed to the litigation, described as a method of alternative dispute resolution.
Given the relationship between litigation and mediation, we must distinguish between three types of mediation:
Private mediation - which is completely independent of the legal proceedings. In fact, it often occurs without any subsequent court proceeding;
Court-annexed mediation - which is initiated by the court, but then occurs without any further participation of the court;
Judicial mediation - more intensely linked with the court in terms of venue and staff. However, even the Judicial mediation is not carried out by the judge with the adjudicatory competence in a specific case.
Often, the desired results for dispute resolution can be achieved faster and cheaper through mediation rather than litigation. Moreover, the need to keep confidentiality and the desire to maintain a good relationship with the other party (for example, in the case of long-term commercial relationship or in family disputes) may also influence the choice in favor of mediation to resolve a conflict. It should be noted, however, that every conflict should be assessed on an individual basis and the most appropriate mechanism for resolving it should also be selected individually.
The legal department of our company consists of professionals with extensive experience and necessary qualifications and licenses to provide services in any form of mediation. In addition, our offices have special area, equipped to the highest standards, dedicated for dispute resolution procedures.