Attorney at Law Tamara Sicevic

Mediation (Facilitation of Peaceful Resolution of Disputed Legal Relationships)

Mediation is a conflict resolution process in which the parties use a neutral third party, known as a mediator, to negotiate and reach an agreement. Mediation can be used in various situations, including family disputes, labor disputes, commercial disputes, civil disputes, community disputes, and many others.

Stages of the Mediation Process

This process usually begins with an introductory meeting where the mediator meets with the parties and explains the mediation process. The first step is signing an agreement with the acting mediator. Then, the mediator gives an opening statement, introducing themselves, explaining mediation as a process, outlining the rules, and allowing the parties to introduce themselves. The parties then present their case in the order they have agreed upon. The mediator then conducts negotiations between the parties, providing support and advice to find a solution that is acceptable to both sides. The mediator has the right to take notes, but these notes are confidential and can only be used for the purpose of the mediation process for which they were taken. This also applies to the parties. The process ends with the signing of an agreement, which has the force of an out-of-court settlement, but can, at the request of the parties, be notarized to gain the status of an enforceable document, with the same legal effect as a final court judgment. The goal of mediation is to reach an agreement that satisfies all parties, without the need for a court trial.

Tabular Comparison of Differences Between Court Proceedings and Mediation

How to Choose a Mediator

In order for mediation to be used as an effective tool for resolving conflicts, it is important to choose a qualified and experienced mediator. The mediator should possess negotiation, conflict management, and communication skills, as well as legal knowledge in the area where the conflict arises.

A mediator can be an individual registered with the Ministry of Justice and authorized or licensed to practice mediation. The list of authorized or licensed individuals. Register you can find the mediator on the website of the Ministry of Justice.