Mediation

publication date 23.04.2012

Mediation - resolving disputes and conflicts amicably

The method of peaceful settlement of disputes between two parties, where the mediator enters the dispute as a mediator. The mediator is an experienced and proven specialist in the method of mediation.

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Mediation is a method of resolving conflicts in an alternative way. Quickly and in a cultivated manner, it brings the disputed parties to an extrajudicial settlement of the issue. Both the parties attend the mediation voluntarily, with the third uninvolved party – a mediator - being in charge of the negotiation.

Benefits of mediation

  • extrajudicial way of the dispute´s settlement
  • lower costs as compared to the judicial solution
  • the parties keep their control over the process of finding the solution
  • confidential information is not communicated to the third parties
  • it alleviates tension between the disputing parties
  • statistically, a mutually acceptable solution has been found in 70 –80% of mediations

Use of mediation 

Mediation is primarily used in the following spheres:

  • Mediation in organizations and companies – it is used to sort out employee/employer or employee/employee relations. It is also put to work in resolving disputes between individual companies, for instance, if a contract´s terms have not been adhered to, if a company´s owners are in disagreement about an issue, etc.
  • Communicative and civil mediation -  it settles disputes between neighbours, citizen/institution disparities.
  • Criminal mediation - settles disputes between the convict and the aggrieved party.
  • Inter-ethnical mediation - it solves disagreements arising from inadequate communication among different cultures, minorities or ethnic groups.
  • Family mediation - it resolves property disputes in the family, divorce situations, heirships, generational problems, spousal conflicts and other.

Who is a mediator

A mediator is a negotiation professional or, as the case may be, an expert in the particular field that is just being dealt with. A mediator is in no way involved in the conflict being resolved. He or she defends neither of the two parties, and their only objective is to bring the disputing parties to conclude a bilateral agreement. In the Czech Republic, mediators are affiliated with The Association of Mediators of The Czech Republic. Members of the association are bound by an ethics code of conduct. 

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