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Mediation as an ADR

NAIS ADR Centre What is ADR? What is ODR? Mediation as an ADR Mediators FAQ Consumers FAQ Traders

  • What is mediation?

  • Why did we choose mediation as an adr?

  • What is the role of the mediator?

  • Confidentiality

  • Mutually beneficial agreement

 

WHAT IS MEDIATION?

 

Mediation is one of the most effective ways for out-of-court dispute resolution, which guarantees the consumer and the trader equality in the negotiation process. Both parties participate voluntarily in the mediation procedure, discuss possible solutions to the dispute with the assistance of a third neutral and impartial person, a mediator, who assists the parties in reaching a mutually acceptable agreement. The participants in the procedure, the consumer, the trader and the mediator, are obliged to observe confidentiality regarding the discussions during the mediation.

 

WHY DID WE CHOOSE MEDIATION AS AN ADR?

 

We chose mediation because it is a widely used way of resolving disputes around the world, and in particular in the European Union, and because of its benefits:

  • Mediation is aimed at people - taking into account their interests, needs and emotions
  • Helps to resolve the dispute quickly
  • Saves a lot of costs
  • Keeps the secrets of the parties
  • Helps maintain and improve relationships
  • It seeks a mutually beneficial agreement, which is implemented voluntarily

WHAT IS THE ROLE OF THE MEDIATOR?

 

The most important quality of a mediator is that she/he is neutral - she does not give solutions, advice and assessments on the dispute. His role is to:

  • Facilitate negotiations between the parties as an independent assistant;
  • Organize and lead the mediation procedure;
  • Support communication;
  • Tame tension and emotions;
  • Help parties find common interests in order to reach a mutually beneficial solution.

The mediator does not provide legal advice.

 

CONFIDENTIALITY

 

All discussions and documents in mediation are confidential. Mediation participants sign a mediation agreement with a confidentiality clause, and mediators may refuse to testify in court on the same dispute. The advantage for consumers and traders is that they keep their personal and commercial secrets.

 

MUTUALLY BENEFICIAL AGREEMENT

 

An agreement is stable when it is based on the important interests of both parties. During mediation, the mediator promotes realistic agreements based on objective criteria. Practice and statistics show that:

  • Over 80% of the conducted mediations end in an agreement
  • In over 80% of cases, the agreement is implemented voluntarily, as the parties themselves have determined that it is in their interests