Mediation is the pre-trial settlement of disputes through a neutral third party. This allows parties to settle disputes at lower costs without filing the court. A neutral third party with no interest in the case is involved in resolving this form of disputes. This party is called a mediator. The mediator helps to resolve disagreements or come to agreement between the parties. Mediation is sometimes compared to Arbitration court. But there are some significant differences here. Thus, in the Arbitration court the judge makes a final decision alone. In the case of mediation, the decision is made with the consent of the parties, and the parties become responsible for the implementation of the decision. In mediation, proceeding is focused more on logical consent and compromise. Because the main purpose of mediation is not to determine who is right or guilty, but to settle the existing dispute. Unlike the court, the feelings, interests, and concerns of the parties are taken into account at this time and the dispute is settled. Most importantly, the interests of either party are protected by mutual concessions. If one party is compromising, the same approach is required from the other party. Therefore, the agreements reached as a result of mediation become longer and more appropriate to the real situation. The court trial is focused on the past, and the mediation is on the future. This method allows the parties to overcome their disagreements. However, the court trial lasts longer and the losing party complains by staying dissatisfied. Unlike the court, the costs of mediation are much lower than the expenses of litigation. Furthermore, there is no waste of time and great emotional tension in the process of mediation. In mediation, it is neither appealed to high instance courts nor expected months to come the decisions into effect.
Mediation has the following features:
- Privacy and confidentiality. During the process of mediation, persons whom parties allowed can participate (interested persons, witnesses, experts, interpreters). The information declared here cannot be exposed anywhere. The issue undermining the firm’s reputation through the media or other means is minimized. The Parties will keep the terms of the dispute as secret if they wish (commercial secret);
- Anticorruption – any person suspected of any illegal act may leave the process at any time. Therefore, the parties respect each other and do not allow corruption;
- Absence of binding decisions. During mediation, the dispute is resolved by the parties themselves. This will help settle the dispute without complaint. In conclusion, there is an agreement between the disputing parties and they can continue to cooperate in the future;
- Voluntary execution of decisions. During mediation, decisions are enforced voluntarily. As a result, there are no negative losses (like the parties may be angry with each other). Even the parties can establish new partnerships.
As “Jamal Law Firm”, we will help you resolve your disputes with our professional lawyers.
